Okay, did the usual, items were investigated twice, Experian refused to reinvestigate online, said if I had additional information to send in to do so. I sent them copies of all the certified letters that I had sent to two collection agencies, plus the green card that that was returned. Never got a response from any of the companies. I just had an investigation finish and noticed that none of the items that I had sent their "additional information" for were noted as being investigated. I just called and the lady told me that it did not matter if I sent in additional information, they would not consider it since the items had already been investigated twice. I asked her about Experian's statement that if you did have additional information that it would be reinvestigated and she said it did not matter, it has been done twice, too bad so sad. I sent in 4 letters, not certified (my bad), and she is claiming that Experian received none of them anyway. Can they do this? I am so pissed off I can hardly stand myself. What to do now?
SUE... under FCRA (and especially since you are providing additional relevant info) they have to reinvestigate and respond within 15 days or remove.
You could also do what I did. Record the conversation. If the next rep. says the same thing she said, which essentially violates the FCRA you may able to use that against them as well if it has to go as far as going in front of a judge.
I am scared though, I think the two accounts that I am really worried about ARE mine, granted, the the creditor cannot verify that they are mine, but still.... What if I called back and recorded my phone call. I could then type up a letter and fax it their leagal department letting them know I have them on violations and a recording of the call. Would that help? I don't want to sue since the accounts may be mine.
Be careful about taping telephone conversations. In some states, both parties must be aware the call is being recorded, while in other states only one party must have knowledge. If you are in a state where both parties must know, and you try to use it in court, you might find it backfiring in a big way! A judge would not be amused not to mention you might find yourself as a defendant instead of a plaintiff...lol. On the other hand...if you hear that little recording when you call telling you the call may be monitored or recorded...consider yourself covered L
Use this link to find out what the law is regarding your state/the state the CRA is in as far as recording the call. http://www.aclu.org/issues/cyber/phonelaw.html Even if the account really is yours, you are still providing addtional information for a dispute. If you were not providing any additional info., then the CRA could consider your request "friviolous", however by providing addtional proof, they now have to consider it (the proof). Lets say you record the call, and the rep. says "we're not re-investigating, even if you provide additional proof" well then you could send a ltr to them advising them that by not re-investigating an item that you have provided addtional proof on, they're violating the FCRA.
I am lucky, apparently there is nothing in my state against recording the information, so i guess I will get a recorder and call back in the next few days. Thanks!
Some of the old machines that used cassette tapes are able to record by just hitting a button such as "memo" during a conversation. I had an old AT&T machine that was like that. If you've got a speakerphone, just get a cheap recorder (the one's the media shove in your face) and do it that way. Smitty It is physically impossible to lick your elbow, but 75% of people who read this will try.
All machines record the caller with out his/her permission, so are answering sets out lawed in states that require both parties consent?
