In one last attempt, I wrote a letter to EX stating that I was never notified within 5 days of the reinsertion of late mortgage payments. These lates were disputed with CHOD and removed. They reappeared one month after my loan was paid off. I am getting no where with them. Yesterday Experian CALLED. They asked what credit repair company I was using. At first I was not going to talk to them at all, but then decided I would ask them on the phone what I asked in the letter. Only this time with my tape rolling. I have gotten a letter asking about the credit repair from Transunion but never thought that they called consumers about this stuff. Who in their right mind would give this information up if they were using a credit repair company anyway? It is their position that this item has been verified via computer tape in Feb and in May. Is this all that is necessary? They also state that the mortgage company reinserted this tradeline. Of course during all of these I never requested these items to be investigated, I requested to have them removed because I was not notified of the reinsertion. I am unsure of what the laws are here and would appreciate any help given. I would just file a lawsuit but I have filed 2 this week. LOL (Landlord and Credit Bureau) and they are not cheap. I have to fly to another state for the landlord one and do not know if I will reimbursed for the trip.
I would think that a mortgage co cannot report/verify a public record, only the court. If that be the case, tell them to call me next time they want to verify something! ;-)
Well, I don't think the issue here is about verifying. If they reinserted previously deleted tradelines, and failed to notify you, they have violated the FCRA. Have you asked for the certification? I know that this is an unsure thing but certainly tape update is NOT certification. It really is no business of theirs if you use a credit repair company or not. They are just trying to intimidate you, IMHO. If I had to guess I would be thinking you need to sue... (Prices may vary in Alaska and Puerto Rico.)
Again, they said that they verified via tape. That is where I need help. Is this all that they need to do? I have read the FCRA many times. The problem is they claim that they did not reinsert the item the credit grantor did, therefore I would not have them on the FCRA violations.
§ 611.(a)(5)(B) Requirements relating to reinsertion of previously deleted material. (i) Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate." Always demand a copy of this certification. Post those results too.
They will not argue that in court because it is an absurd position. Of course they reinserted. Under their logic they could reinsert EVERYTHING EVERYTIME. An OC cannot reinsert something in a CRA file. Its the CRA file. The CRA compiles the info ... ie, reinserts or deletes. FCRA is quite clear. You need to sue them. Subpoena the certification and a copy of the notice they were supposed to provide you.
Continuing that section: C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(
Continuing that section: C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B) They are in violation here also for failure to stop the reappearanccccc
Continuing that section: C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B) They are in violation here also for failure to stop the reappearance of this info.
