Hi...no, Klara (or Keara) Pithyou did. It was in error. Wasn't our account for sure. They sent this in reply to a request for validatino. Yes, it was inserted last week. You sent Experian a copy of your letter? This is marked delete and reason is "reported in error" and states balance 0, amount past due 0. Keep me informed, o.k.?
I just checked CreditExpert after seeing this thread and I saw that Arrow had re-inserted something that Experian removed after an investigation came back with a did not respond from Arrow. I have been around and around with Arrow, but they still cannot prove to me that I owe the debt. I asked Experian why they didn't tell me that the reinserted per the FCRA and the CSR had to go ask her Supervisor more about it. The supervisor said that only resident's in California fall under the reinsertion rule! WTF! I thought this was a federal law? I've never had to deal witha re-insertion, so does anyone have any thoughts?
Just another example of how Experian doesn't know its head from its ass on the laws. The FCRA clearly states the requirements for re-insertion of a previously deleted item. That applies to EVERYONE, not just residents of California. I mailed them a dispute letter with supporting documentation (old credit reports, recent credit reports, and the most recent showing the account magically "reappeared") and I will wait for them to do something about it on their own. If they don't delete the account, I am going to sue them in small claims. I figure it will be easier to get Experian to delete the file than suing Arrow. I am already suing Arrow in U.S. District Court, but the process takes a long time. This is the path I would follow if I were you. Do you have old credit reports and/or other documentation supporting your position that the account was deleted then reinserted? The CSA I talked to today actually told me that she looked back and didn't see where it was deleted. She said it has always been there. I almost laughed in her face. It's rediculous. The CSA's are just robots who are trained to say certain things. After I sue Experian, I'm sure I will get better results.
I think that's the path I'm going to take as well. I have all of the old reports showing everything. It's amazing what they think they can get away with. She put it back into dispute, but who knows if they are going to verify this time. The CSR actually had the nerve to tell me Arrow had taken it off of their own accord and that they never investigated. Yeah Right!!! Of course they investigated. When I started giving her dates, she changed her tune and guess what she found...the investigation in her computer. They are a total bunch of drones who are just trying to cover their asses. Jdog, Who did you send your documentation to at Experian? Was it one person in particular (Kim Hughes, Carla Blair etc) or did you just mail it to whom may it concern?
I personally have all proof of reinsertion without notification. I keep all credit reports. Plus this letter I have. I will also be reporting this violation, should it not be removed, to the credit agency licensing board in Illinois. http://www.dpr.state.il.us/WHO/coll.asp
Well, I tried to get Kim Hughes on the case, but she called me back and told me she doesn't deal with standard disputes. She seemed very concerned with the fact that I even had her number "this is not a published number, where did you get this number?" I didn't tell her Anyway, she won't listen to me. She referred me to the standard CSA's. I told her that I was probably going to have to sue Experian to get this fixed, and she told me that the CSA's should be able to help me resolve the problem (yeah, right). Anyway, I am going through the motions, so I have a paper trail for when I sue them. I am pretty sure that nothing will come of the documentation I sent them, but who knows. I sent it to the standard address as "to whom it may concern". I'm sure Kim will be interested in me in a few weeks once I sue their a$$.
They are licensed in Illinois and fall under their jurisdiction...at least the Arrow I'm dealing with is...in Illinois. I live in TX
I can't believe the ignorance of the CRAs and the collection agencies. Let's see, the Fair Credit Reporting Act is a FEDERAL LAW, passed by the UNITED STATES Congress. So, of course, in Experian logic, it only applies to residents of California! It would be hilarious if only we didn't have to deal with these morons. Greg
Well, I guess I'll start getting my documentation packet into them today. Did you just send them the standard re-insert letter or did you use stronger words with them?
JD...no, no..the licensing bureau overseeing Arrow. (and other CA's in Illinois).. I'm a firm believer in attacking a problem like this from all angles..CRA's, CA's, AG's, etc..
Just for everyone's reference about this... Gotta love the FCRA http://www.ftc.gov/os/statutes/fcra.htm (5) Treatment of inaccurate or unverifiable information. (A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation. (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. (ii) Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. (iii) Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion (I) a statement that the disputed information has been reinserted; (II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and (III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information. (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)(i)). (D) Automated reinvestigation system. Any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall implement an automated system through which furnishers of information to that consumer reporting agency may report the results of a reinvestigation that finds incomplete or inaccurate information in a consumer's file to other such consumer reporting agencies.
Re-Insertion Re-Insertion Re-Insertion I have not heard one single one of you even mention the required "certification" which MUST be obtained by the CRA PRIOR to the reinsertion of a deleted TL. Why are you guy's ignoring this component? ???
Actually Butch, I demanded this certification from Arrow in my letter to Experian I'll post the letter here in a few minutes.
Here is my letter. In the letter, I mention the U.S. District Court, but I will proably sue in small claims for this violation. --------------------------------------------------------- Experian/CBA Information Services PO Box 677 Cherry Hill, NJ 08003 October 30, 2002 To Whom It May Concern: I am writing in reference to an account that appears on my Experian credit file. The account in question is as follows: 1. Some Collection Agency XXXXXXX This account is reporting inaccurately, and its existence on my credit file is in direct violation of the Fair Credit Reporting Act. I realize that mistakes happen, and I would like to give Experian the opportunity to correct this issue before any further action is taken to remedy the problem. My dispute is as follows: 1. XXXXXXXX is a collection account that was deleted from my Experian credit file in November of 2000 as the result of an investigation. This account was re- inserted onto my Experian credit file on Sunday, October 20, 2002. I According to the FCRA (611, B), if an item is reinserted onto a consumerâ??s credit file, the credit bureau must send notification to the consumer in writing of the reinsertion within five business days. I have received no such notification, and this is a direct violation of the FCRA. The FCRA also states that a credit bureau can only re-insert information onto a credit file if the furnisher of the information certifies its accuracy. I know that this account is not valid, and therefore the furnisher of the information can provide no such certification. I demand to see the evidence that XXXXXX provided to Experian to justify this accountâ??s re-insertion onto my credit file. It is obvious that Experian stands in direct violation of the FCRA for re-inserting this account onto my credit file, and this account needs to be deleted immediately. The inaccurate information being reported on my credit file is severely hampering my ability to obtain credit, and I am planning to apply for a mortgage next week for a $200,000 house. If I am declined for the mortgage because of Experianâ??s reporting of these inaccurate accounts, I will have no choice but to file suit against Experian in U.S. District Court for violations of the FCRA. The actual damages I will be seeking will be extensive. I hope this action will not be necessary. Rest assured that I have documentation supporting my position for this account. I have attached this documentation to this letter. It is extremely important that you contact me immediately regarding this urgent issue. I would like to resolve this amicably without need for legal action. I look forward to your response. Regards, Jdog CC: <my attorney name here>
I totally here you Butch on the certification and I'm going to include that in my letter. I've been following the certification debates ever since you first started talking about it in July. Losers are going down!
