I had a collection for $87 deleted in 12/2000, It is now being re-reported on my Equifax as reported 6/02. I never received the required notice from equifax(re: 5 days to notify me). I consider this 2 violations, failure to notify me within 5 days, and reporting info they know is inacurate. I need some advice. I have some other negs on that report that I want gone. Should I call them with intent to sue(hoping they will just settle for deletion of all negs), write them a letter(CRRR), or just go file. Any help is appreciated.
I had the same problem with transunion. I write a certified letter stating all my info, the account #, what they had done, and I pasted the exact statute number and all of its relevant info along with the part that lists the penalties. It was gone 4 days later.
If that is the only violations you have, at this time I wouldn't threaten to sue them. What I would do, is send them a letter that they reinserted a previously deleted item without notifying you. You want it immediately removed. Tell them you do not want another investigation, just delete it. If they balk, then dispute it, hoping they won't investigate and call it frivolous. Then, I think you might have enough to threaten them as they must consider any and all info a consumer provides. So, if you tell them it was deleted and reinserted, and they refuse to investigate, then slam them.
Just got off the phone with Equifax, they say that the CA has to send the letter, that was from the first rep and supervisor, the 3rd person I talked to gave me some other song and dance. She offered to reinvestigate, I told her delete, she said no, so I asked for her registered agent in FL so I can file suit, she gave me an address to consumer affairs. Anyone have the fax# to consumer affairs??? Also since I work at a brokerage firm the call is recorded. I can't wait to listen to that again. Also the beep is at regular intervals and none of them noticed it. I know someone will bring up the legality of this The FCC requires that notice of any recording of a telephone conversation must be given to the other parties of the conversation (47 CFR 64.501; 2 FCC Record 502). This notice may be conveyed by consent of all parties, verbal notice of recording at the beginning of the call, or use of a periodic beep tone(we have a beep every 15 seconds)
I just listened to the above conversation again and the last so called "supervisor" told me that the 5 day notification requirement only applies if the reinsertion is done by Equifax, that in my case the CA put the info back on my report. These people are totally clueless. She said there was no number for their consumer affairs and she gave me the address to write to(I found the # on this board as well as the fax), and she had no address for their registered afgent here in FL. I am faxing the intent to sue this weekend. I will also transcripe the recording and post it here. You all will get a laugh. I think there was 7 minuntes of conversation and 50 minutes of hold music as I worked my way up the Equuifax chain of command. All she had to do was delete the listing, now I'm going for the $1K or deletion of all negs.
In addition to the 5 day violation, the info reinserted must be "certified" as accurate or it is another violation. I suggest you read rule 611 of the FCRA and then send a demand letter.
Absolutely, We all need to start demanding this "certification". Your case is STRONG Wallst. Stick to your guns.
