Hi, all! I am in the middle of attempting to purchase a house. I am being forced to do this before I am ready (credit-wise), because my landlord wants to sell this house. My hubby and I tried to dispute items online with EXP that we disputed before. The ca's for these accounts did not respond to validation letters, so I think there is no real proof. We received the same message for each, which I printed out. " We have already investigated this information, and the creditor has verified that it is correct. If you still have a question about it, you may want to contact the creditor, or if you have additional relevant information, click here...." Is this a violation, or merely an irritation? I have asked to have these items investigated in Jan., Feb., and now today. Each time I go online to check the progress of the investigation, it says that I have not requested one. Any advice?? PLEASE! I am in a big time crunch here! I hate it that I could not wait until I was ready. I am afraid we are going to be turned down for the mortgage. Thanks!!!!
Unfortunately, that happens when they "supposedly" verify on-line, the only way to get them to re-investigate is to use good old snail mail and CRR...I know frustrating...I'm doing the same thing.
Soup, So does that meant that there is no record of my attempt to dispute online today? I'm not sure whether it is a violation to refuse to re-investigate.
If it's being investigated it'll show up in blue and say"this item is currently being investigated" Also, if they already "verified" then they don't have to re-investigate and I don't believe it's a violation unless you have proof it's not yours or the info is incorrect...blah blah blah...I guess it's just easy for them to do that via on-line....like I said before, unfortunately you're stuck with snail mail....if your in hurry for that mortgage....and your scores are bad...mine were in the high 500's and I got a mortgage through a division of Countrywide called Full Spectrum...they really worked with me and they have what is called a credit comeback loan where your interest rate drops over 4 years with good payments...or down the road you could re-finance anyway, hope that helped a bit...someone else may have better advice.....
They can refuse to reinvestigate if they consider it to be frivolous. What I suggest you do is send your dispute by certified mail with a copy of the validation you sent and a copy of the green card. Advise them that obviously no proof exists. Here is the letter I used: (This is my compilation) «Your Name» «Address1» «Address2» «City», «State» «Zip» «Company» «Address1» «Address2» «City», «State» «Zip» «Date» RE: Account #_________/Original Creditorâ??s Name Dear Sir/Madame: This is a request for deletion of a disputed item. I have attempted to have this allleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that Credit Data Southwest do what is legally mandated by the FCRA and FDCPA, and delete the account listing. Name of Creditor/Agency, Account #_________ On «date», «collection agency» received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. As of today, Dec. 6, 2001, they have failed to provide any proof or respond in any way. On «date», I sent a second letter. Again, I have received no response. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter. On «date», I sent yet another letter. Again, I received no response. Attached is a copy of that letter as well as a copy of the U.S. Post Office return receipt. The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous 4 months since it was requested. Also, when an alleged debt is disputed, a notation must be entered on the debtors report showing the item as in dispute. Again, this was not done. Another violation of the FDCPA. As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor. Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its' entirety as there is no proof of its' existence as evidenced by my attached documented proof. Sincerely, «Signature» «Your Name»
§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (a) Reinvestigations of disputed information. (1) Reinvestigation required. (A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency SHALL reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer. Per Merrian Webster Collegiate Dictionary link: Shall:-- used to express a command or exhortation <you shall go> b -- used in laws, regulations, or directives to express what is mandatory <it shall be unlawful to carry firearms>
We ended up attempting to buy a new home, because the payments would be the same for an existing home. We would (will???) have a 2-1 buy down loan, with the interest rate being 3 points lower than a regular mortgage for us the first year. Maybe I'll try the snail mail, not sure. Just mailed a bunch of letters last week, and at $4 each it gets expensive! Thanks for responding, Soup.
Sorry, Kustomkat, LKH and Love, I was posting at the same time as you... Thanks for your replies. I wish I did not have to be in such a hurry. The pressure is tremendous. Kustomkat, let me know how it works out for you. LKH, How did your letter work out? How long did it take? Which CRA did you send it to? I have only sent one validation letter for each account, do you think it will stil work for me with fewer backup? Love, I love your addition of the definition of "shall"! This still puts me 35 or so days out, not sure the lender will wait... I'll give it a try.
I sent it to the local Exp. affiliate. It was deleted. It actually was gulf state. I believe they called gulf state and they couldn't produce a ss# or any documentation for that matter and it came off. 4 months later though, they allowed it to reappear. That is when I called gulf state and threatened them with their huge # of violations. They immediately sent out UDF's to delete it again.
LKH, Reinsertion is the worst possible outcome. I guess I will ask if it can be "hard deleted." I think I can do that... You did get it worked out though, right? Sorry, sometimes I lose track of who is suing whom! Thanks for sharing your info!
It is off of Exp. but Equifax as of today, still claims they haven't received a UDF. I called their business office today, and explained that they have several violations by not notifying me of reinsertion. They reported the same acct. # but used OSI instead of Gulf State this time. I gave the person in the business office, the name and ph. # to OSI. She says she will call tomorrow and try to get this resolved for me. If not, I may go after both of them.
