I disputed an account with TU they verified that this account was mine. I then sent TU a procedures used letter to which I received a letter stating that because the account in question was verified as mine that they were treating my latest letter as FRIVOLOUS and would NOT reinvestigate the dispute unless I provide a court order or an AUTHENTIC letter from the creditor that explains the information regarding this account should be updated. What are they talking about? I never asked for them to reinvestigate anything all I wanted to know were the procedures used. I was wondering if any of you have a good reply to the "frivolous" letter the sent me. I know they are in the wrong but I could not find a response to such a letter. By the way I received a letter from the CA saying the account in question is closed and was paid in full (it was a mistake all along) so I need a good reply letter to send TU along with this letter from the CA. Can anyone point me in the right direction. Thanks
Wait a minute, you have a letter from the CA stating it was not yours. Find out when TU verified, if it is on a date after the letter was dated. You got them. they did not do an investigation, they did nothing, because had they the CA would have informed them to delete it.
I got that same damn letter from Trans - what should we normally do if the CRA responds with that Frivolous crap? Do we wait a few month and try again? -Sal
I have a question. I have disputed a CA with EX thru CE. It came back verified 2X, and as everyone knows that is all you are allowed to dispute via CE. They don't say that it is frivolous. At that point since they are refusing to dispute and are not labeling it as frivolous is that enough to win in court? Charlie
(A) In general. If the completeness or accuracy of any item of information contained in a consumerÃs 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. -------------------------------------------------------------------------------- 3) Determination that dispute is frivolous or irrelevant. (A) In general. Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information. (B) Notice of determination. Upon making any determination in accordance with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency. (C) Contents of notice. A notice under subparagraph (B) shall include (i) the reasons for the determination under subparagraph (A); and (ii) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.
I received the letter from the CA the same day I received the letter from TU. So Tu DID verify with someone at the CA. The CA is trying to say that the OC just notified them days ago that the account was in error. I am still looking for a great response to send TU. I cannot understand how they can screw up so much claiming my letter is FRIVOLOUS when all I am doing is asking for procedures used to verify the account. I could see that they might have a little more ground to stand on if I was disputing the same account again without any new info but they just plain did not look or care what I sent them in my last letter (procedures used)
Queen_Bee, I understand what the FCRA states. My question is, after being denied investigation based on "already been disputed" NOT word for word saying that it is "frivolous or irrelevent" is it enough to take them to court based solely on them saying "already been disputed"? Queen_Bee, would you email me your old stage name? I know I'm not that stupid to have missed Queen_Bee with 1000+ posts. Thanks Charlie
From what I understand if they (CRA) did an investigation on an account then verified it you must come up with a new reason for the CRA to re-investigate it OR as they say give them new info (like the letter I have from the CA) and then they will do there work. This is how I understand it. So I would say they (CRA)would be within there legal rights by NOT re-investigating an account under those circumstances and I dont see where you could win in court. I may be wrong maybe sombody on the board can answer it better.
If you have a letter from the ca on their letterhead stating it was an error and not your account, then fax that letter to TU. It should be removed within a few days.
charlieslex, Ouch! Did not mean to rub you the wrong way. I could not elaborate on my post with my 1 year old tugging on me (ready to go to bed). What I didnt' have time to write was that they are violating one of the statutes. I would LOVE to tell you my old stage name, but you probably already know, lol. Just having some fun... :O)
LKH, So you are saying I should just send over the info and not address the whole frivolous issue? The only reason I ask is because even if I did not have the letter from the CA they (TU) would still be wrong about calling my procedures letter frivolous.
