Experian will not investigate

[FixitNow]

Hey all,

I did some searches regarding this problem but didn't quite find the information I was looking for so hopefully a new thread will help.

I just sent my standard dispute letter to Experian. I disputed several accounts and today I received my letter back saying that they have already investigated and now I can add additional relevant info which we all know is a load of bs. I haven't sent Experian a letter in several months.

How do I go about fixing this issue. Wells Fargo Finance cannot simply keep reporting that an account is in a delinquent status when I has been paid for 3 years ago. Of course Wells Fargo doesn't have a phone number and you can only send things via mail that don't get responded to. Funny how their credit reporting dept. doesn't have phone either. Nobody can reach them.

Sallie Mae has listed late payment while I was in deferment.

I absolutely hate how these errors affect my credit yet I can't seem to make any headway. Isn't it Experians job to investigate? I have legitimate disputes regarding wrong information. How convenient that the minimum wage part time idiot checked the box on the previous dispute ---uhhhh I guess I'll check the box says we report right rather than look into anything. Makes me mad.

Any help would be greatly appreciated.

[admin]

If you re-dispute an item, you better a) give a different reason or send new info. Otherwise, it is their right to say "frivolous".

[FixitNow]

So would that mean that I should just call experian and ask what reason I disputed for last time and then use a different one this time?

[AboveAverage]

Send a new dispute via snail mail (CMRRR...41 cent stamp aint gonna cut it). Do not do a online. Try to state a detailed reason as to why you are disputing. Use a form letter as a template (do some editing...don't just plug your own address and account...be creative). You may want to also DV the account with the OC or CA with the CMRRR.

Read the newbie stickie...I did and I'm doing it that way...hopefully with some results.

[Moriah4]

Fix it Now

You need to keep a copy of everything you send to a CRA, CA, OC or anyone else. Be fanatical and organized about it. If you had been you wouldn't have to worry about what you sent EX as a reason. You would know because you would have a copy of exactly what you sent them.

Good paper trails and the CRA non compliance with the rules and your knowing them is what gets you what you want in the long run or it gets them to pay your bills for you.

Blessings

Moriah

[isislc]

Send a new dispute via snail mail (CMRRR...41 cent stamp aint gonna cut it). Do not do a online. Try to state a detailed reason as to why you are disputing. Use a form letter as a template (do some editing...don't just plug your own address and account...be creative). You may want to also DV the account with the OC or CA with the CMRRR.

Read the newbie stickie...I did and I'm doing it that way...hopefully with some results.

You missed something, letters to the CRAs need to be via CMRRR also. That costs anywhere from $3.85-4.15, helps keep track of your 30 day timer and proof it was received.

[divinemadness]

im having the same problem with EX and TU. they are running around in circles, so now im contacting the creditors directly. but still sending into EX and TU, and im gonna start faxing and calling soon. LOL 1 by 1 if i must.

did u look up wells fargo on portfolio dot com? they usually have the addresses listed and just go through, or mail them something with cmrr too.

definitely keep a paper trail. good luck!!

[FixitNow]

Great information and you are right, I should keep better records.

So I guess I have exhausted the routes of: Not Mine, Never Late, etc.....

Is there a web page that offers all the reasons that someone can dispute something on their report other than those?

[YoUrFrIeNdMiKe]

amount incorrect, there is something missing, account number wrong. trans union sent me a detailed listing of brief dispute reasons they want if you are outside of them the CSR won't or may not know how to plug it in for a computer investigation. i threw it out because i went after the orig. creditor directly. if anyone else in here has the list, please pony it up. the different bureaus may change their terminology slightly on the reasons, but the meanings are basically the same. hope this helps.

if you dispute online the reasons are there in the form of checkboxes.

[nolove4collections]

Experian has to investigate it.If they choose not to they have to let you know your dispute is frivolous or or Irrelevant. Previously Verified or Already Investigated does not cut it Under FCRA 611(a)3 states.

"(3) Determination that dispute is frivolous or irrelevant.

(A) In general. Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.

( Notice of determination. Upon making any determination in accordance with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency.

is what they must do if they don't investigate.. Now I ask you.. Does "previously verified" meet the above requirements of either quoted FCRA law?? Uhh.. hmmm.. No. Make Experian put money in your pocket.

You can sue under either of these...

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1)

(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

( in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

( Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

© Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure; and

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

( Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

[LoveToGod]

Since you paid Wells Fargo Finance, I would contact them and try get a recipt or duplicate copy showing that you paid it. Then you will have new documentation (proof) that you paid it. With that I would mail and letter and recipt to Experience using certified mail with return recipt. They have to correct it if you provide the documentation. I would go to www.wellsfargo.com, and find the customer service number. From there I would write down who I spoke to and poke around until you get the right number to get your recipt.

I had the same problem with a credit card that I had from them, and the collections department is very abrupt and not helpful, but I once I got a recipt as proof of payment and submitted it to the credit agency, they had to fix it.

[par]

Excellent advice.

[torikid]

Experian has to investigate it.If they choose not to they have to let you know your dispute is frivolous or or Irrelevant. Previously Verified or Already Investigated does not cut it Under FCRA 611(a)3 states.

"(3) Determination that dispute is frivolous or irrelevant.

(A) In general. Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.

( Notice of determination. Upon making any determination in accordance with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency.

is what they must do if they don't investigate.. Now I ask you.. Does "previously verified" meet the above requirements of either quoted FCRA law?? Uhh.. hmmm.. No. Make Experian put money in your pocket.

You can sue under either of these...

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1)

(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

( in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

( Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

© Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure; and

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

( Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

I know this is an older strand, but I figured why start up a new strand for similar information. I have a few questions. First of all, I have read conflicting information regarding the case law above. I just want to verify that a consumer can sue under these rights and it does not have to be done by the FTC or government agency.

With that said. In Sept 2007, I received the exciting letter from Arrow Financial that we will delete this from your credit reports. In October, they verified it when I sent the letter in to the Bureaus.

In Jan. 2008, they verified it again. WITH THE LETTER.

In April 2008, TU verified it and EX refuses to investigate. I had sent them a letter that they had to investigate it. This was NEW "additional relevant information".

I NEED this off to refinance. There are only two TL's left that need taken care of so that I may refi. This one is bugging me badly because I HAVE PROOF.

I can easily draft the lawsuit for Arrow. My concern is with EX. Can I sue under the above law and to keep it in small claims, is the fine the $1000?

Thank you.

[CDL]

I know this is an older strand, but I figured why start up a new strand for similar information. I have a few questions. First of all, I have read conflicting information regarding the case law above. I just want to verify that a consumer can sue under these rights and it does not have to be done by the FTC or government agency.

With that said. In Sept 2007, I received the exciting letter from Arrow Financial that we will delete this from your credit reports. In October, they verified it when I sent the letter in to the Bureaus.

In Jan. 2008, they verified it again. WITH THE LETTER.

In April 2008, TU verified it and EX refuses to investigate. I had sent them a letter that they had to investigate it. This was NEW "additional relevant information".

I NEED this off to refinance. There are only two TL's left that need taken care of so that I may refi. This one is bugging me badly because I HAVE PROOF.

I can easily draft the lawsuit for Arrow. My concern is with EX. Can I sue under the above law and to keep it in small claims, is the fine the $1000?

Thank you.

Have you talked with an NACA attorney yet? They may be willing to do it on contingency. If you prefer to go it alone, you could file it in small claims and see if they jump ship that way.

I bet they would be more receptive then, and if they're willing to negotiate, you can withdraw at anytime.

[torikid]

NO, I have not yet. I just wanted to make sure I had a leg to stand on before I bother an attorney.