OK; after reading and thinking, reading and thinking, reading and thinking......... I believe that since I asked and they chose to verify and report on 5 of 7 items, my only option is to sue on the two items they ignored. Correct?? Any suggested forms to use? What portions of the FCRA should I reference? Any other ideas?? thanks After
If you aren't sure what part of the FCRA they violated, how do you know you should be suing them? What court are you suing them in? What state? What are your local rules of civil procedure? What kinds of Discovery will you want? Lawsuits aren't easy things.
If they ignored your request for a reinvestigation, and gave you no explanation as to why, you need to write them back and demand deletion of the account. Look at the time requirements for completing an investigation in the FCRA.
Did you dispute all of your items at once, or did you do it individually? If you did them all together and they didn't verify two, I would redispute them. Are you disputing specific facts or just a general "not mine?" You need to tell them exactly what is wrong with the account (incorrect charge off date, etc) and not just say "I dispute this."
If they failed to investigate two accounts within the allotted time, do not ask for a reinvestigation. Instead: Dear CRA, On xx/xx/xx i disputed the following items on my CR. xxxx, xxxx,xxx, etc. You failed to conduct an investigation into xxxx and xxxx. Since it has been more than thirty (30) days since my request you are now obligated to delete the entries from my CR. Please be guided accordingly. Sincerely, me
Let's not assume that this communication means that they'll delete the items. Rather, it puts them on notice and amplifies any ulitmate case should the subject tradelines remain after re-investigation. That's what they usually do, re-investigate.
