? re Procedural Request to CRA's

Discussion in 'Credit Talk' started by chargedoff, Aug 25, 2002.

  1. chargedoff

    chargedoff Well-Known Member

    I know this has been discussed several times, but it is my time to submit this request to CRA's.

    This account was charged off by the OC and never went to any CA becasue I paid it in full right away. That was my mistake that I did not negotiate with the OC, but that is another story.

    I sent a validation 'not mine' to all 3 CRA's and surprisingly TU deleted it but EQ and EX came back as verified. Now I am planning to send validation requests to EQ and EX. I am thinking of using the standard letter:

    ----------------------------------------------
    Dear Sir/Madame:

    This letter is a formal request for the description of the procedures used to determine the accuracy and completeness of the disputed information, including the business name, address, and telephone number of any furnisher of information contacted in connection with this reinvestigation.

    I am disappointed that you have failed to maintain reasonable procedures to assure complete accuracy in the information you publish, and insist you comply with the law by providing the requested information within the 15 days allowed.

    For your benefit, and as a gesture of my goodwill, I will restate the relevant dispute:

    Name of Creditor/Agency, Account #_________

    As already stated, the listed item is inaccurate and incomplete, and is a very serious error in reporting. Please supply a corrected credit profile to all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes.

    Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber.

    Sincerely,

    «Signature»
    «Your Name»
    «Your SSN»
    ----------------------------------------------

    Now, my questions:

    I was looking at some related threads
    http://consumers.creditnet.com/stra...05642&highlight=procedural+request#post205642
    http://consumers.creditnet.com/stra...00123&highlight=procedural+request#post200123
    http://consumers.creditnet.com/stra...56939&highlight=procedural+request#post156939


    1. Is it ok to give them 15 days, or should I give them 30?
    2. Some Procedural requests have been ignored. What can I do in this letter so they do not ignore the request?
    3. Many requests come back with very generic information like company name etc. What can I do in this letter to avoid this?
    4. In the threads, it is discussed to mention the law but the standard letter is in plain english. Should I keep is plain and simple?

    Thank You.
     
  2. smogtek

    smogtek Well-Known Member

    Looks like they only have 15 days to reply to your request. Why give them anymore?

    § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

    (7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description.
     
  3. chargedoff

    chargedoff Well-Known Member

    Thanks smogtek.

    So, 15 days it is. But can I say something like

    - If you do not get back to me within 15 days or
    - If the validation is not to the "proper detail/specifications"

    I can and will file a complaint or suit etc...

    Is there such a language someone has used for the procedural request?

    Thanks.
     
  4. mitchra

    mitchra Well-Known Member

    In accordance with regulations imposed under the FCRA, I hereby demand that you supply me, within 15 days of your receipt of this notice, the names, addresses, and telephone numbers of anyone you contacted to verify the information reported in my credit file during your investigation for the following items:

    Company Acct Reason for Dispute

    Be advised that I do not believe the reported items are accurate, and I fully intend to use information you supply to challenge this information directly with the reporting entities. If I am unable to contact the reporting entities with the information you provide, then it will become blatantly apparant that you are either withholding pertinant information from me, or did not properly verify the information you claim was verified during your investigation. If you continue to report this inaccurate and unverifiable information I will seek whatever means available to ensure my rights are maintained including filing complaints with the FTC, my state's attorney general, and pursuing litigation.

    Warmest Regards,

    Consumer
     
  5. smogtek

    smogtek Well-Known Member

    While we're on this topic, has anyone:

    1) Received a procedural description (other than the canned stuff at the front on the EX reports)?

    2) Heard anything about the alleged procedures?

    3) Witnessed someone else receiving a procedure request?

    4) Had a CRA rep allude to how it's done?

    5) Got any good rumours about how it is done?

    6) Is it mail, phone, tape, crazy 8-ball, ouija board?

    Just wondering.
     
  6. chargedoff

    chargedoff Well-Known Member

    1. <BUMP> for smogtek questions...

    2. mitchra, thanks so much for the language. I will definitely use this. This is exactly what I was looking for. Bless you my friend!
     
  7. whyspers

    whyspers Well-Known Member

    To my knowledge, no. TU at least gives some response in that they will send you back a list of names and addresses in response to a procedure request. Equifax has a standard paragraph they put on the back of the first page that generally describes their verification techniques...but I don't believe this satisfies the criteria laid out in the FCRA as it is very vague and doesn't tell you specifically how they verified your particular dispute. Experian is by far the worst. They simply don't respond at all. That was one of my causes of action against them. That case, btw, reached settlement today with what I feel was an extremely successful conclusion :)

    L
     
  8. charlieslex

    charlieslex Well-Known Member

    whyspers, Can you give any details on the EX settlement? I'm about to take EX to court for exactly the same thing. Congratulations on the settlement!! Charlie
     
  9. whyspers

    whyspers Well-Known Member

    I am really not comfortable in doing so publicly. I haven't seen the terms yet, but I'm pretty sure there will be a confidentiality clause in the release. If that is the case, I will soon have to delete the case from PSL.


    L
     
  10. chargedoff

    chargedoff Well-Known Member

    First of all, whyspers, congratulations to you on your <B> extremely successful conclusion </B> with Experian.

    Secondly, it seems like I got the worst two of the three. TU has already deleted this account for me. And I am left with EQ and EX - YIKES!

    Thirdly, a couple of questions:
    - EQ "I don't believe this satisfies the criteria laid out in the FCRA " When they did this, what did you do?
    - EX - Did you take them to court because they did not respond to your procedural request? And additional letters...? Is there a thread which describes your case with EX?

    THANKS!!!
     
  11. chargedoff

    chargedoff Well-Known Member

    ..ooops, messed up on the VB code!!! I used my usual bump symbols instead... :)
     
  12. whyspers

    whyspers Well-Known Member

    Chargedoff...I just sent you an email.


    L
     
  13. sassyinaz

    sassyinaz Well-Known Member

    congrats whyspers!!!!!!!!!!!!

    and TY for your mapwork ;-)

    Sassy
     
  14. chargedoff

    chargedoff Well-Known Member

    whyspers,

    Thanks for your message. I just emailed you back. Sorry, I did not get a chance to reply earlier as I was not online for several days.

    Congratulations once again on your success.
     

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