My call with equifax on friday-long

Discussion in 'Credit Talk' started by WALLST, Aug 4, 2002.

  1. WALLST

    WALLST Well-Known Member

    Here it is, this is why I'm faxing the intent to sue. The names have not been changed to protect the "idiots". Pleas parden the spelling and grammer mistakes as I have a ton of things going today.

    Also should I include this info with my intent???
    You won't believe... wait I wont give away the ending, read for yourself.

    On 12/27/200 a collection from Credit Protection was deleted from my file, I am going for a mortgage and noticed it was reinserted in my file and I did not get the required 5 day notice
    1st rep Rhonda I do see its on here I dont know why, would you like me to reinvestigate
    me: no I want it deleted because you didn;t follow the law
    Rhonda: please hold 1-3 min while I research this for you
    Rhonda: actually its the collection agency themselves that have 5 days to report it to you
    Me: NO you guys
    Rhonda: No sir according to the FCRA
    Me: according to the FCRA the credit reporting agency must notify me
    Rhonda: no sir it is the credit grantor that must
    Me: I need a supervisor I know the law and I know my rights if youâ??re going to quote incorrect law then get me to a supervisor or I will just go ahead and file a lawsuit. I dont want to file a lawsuit, I just want you people to do what is right.
    Rhonda: Allright please hold sir, Iâ??ll see if I can get you a supervisor.
    Beautiful hold music plays for a long time
    Now I get Ellen the supervisor

    I ask her if Rhonda explained the situation to her
    Ellen says she did briefly, so I explain again

    I tell Ellen Rhonda told me the creditor or CA must give me the 5 day notice, and read the FCRA to Ellen about how the CRA must give me notice and I want this deleted.
    Ellen: Unfortunately sir thats not the case, the company re-reported the information back to us and we donâ??t have an obligation to notify you, what that means sir...
    I interupt and ask her for the registered agent where I can serve a lawsuit, I tell her she is misinterpreting the FCRA,(big sigh from Ellen) I tell her that if she is not going to follow the laws of the United states of America then give me the person that I can serve the lawsuit to.

    Ellen: All I can provide you is with the address sir of our Office of Consumer Affairs here in Atlanta Georgia.

    I again ask for the registered agent but get nowhere, She says she doesnâ??t have access to that information, so I ask for someone who can.

    I get put on hold again

    Ellen comes back and tells me her manager is in a meeting and I ask her â??what about the legal departmentâ?, she tells me it is the office of consumer affairs but she doesnâ??t have a direct phone line for them, I then read her 611(5)(b)(ii) during my reading I ask her if they are a consumer reporting agency and she says â??yesâ?
    I tell her I donâ??t have an e-mail or a letter so they are in violation. I tell her she should learn that law, and they have been sued for it before and Iâ??m quoting her the law directly from the FTC site.

    And that gets me into the hold penalty box again as she now says â??I think my manager is available, it will just be another minuteâ?

    Now I have a manager named Tricia

    I explain my complaint to her the whole story again and that I have not received my 5 day notification
    She asks me if I still have the letter from 12/27/2000 and I tell her I do

    Tricia: It does look like they have re-reported it to us if you would like to fax it we will re-review it for you
    She gives me the fax# and then tells medue to the number of faxes that I need to give them a couple of days

    I then tell her the law gives me 5 days and they didnâ??t follow that, why wonâ??t you expedite my concern here, and that I have more questions that I didnâ??t get to ask the other ladies. I tell her I am frustrated and she asks me â?? what are you referring to 5 days?â?

    I tell her Iâ??m referring to the FCRA 611(5)(b)(ii) and Iâ??ll read it for her because the two previous reps didnâ?? understand this(I read it yet again)

    Tricia: But that section is referring to if we re add it we didnâ??t re add it
    I interrupt her and tell her she is mis interpreting it
    Tricia interrups me and tells me she is not mis interpreting it, and she is trying to explain it to me
    She says â??theyâ??re reported it back to us we didnâ??t re-insert it sometimes if we remove an item in error we can re-insert it and thats what it is referring to, if we reinsert something thats been removed....â?
    I interrupted her there and told her there was case law and donâ??t go there

    From here I just end up getting the address of Consumer Affairs after again asking her for the registerd agent here in FL

    Thers more on another matter but Iâ??ll stop here
     
  2. LKH

    LKH Well-Known Member

    Even if it was "re-reported" per section 611 of the FCRA, they are to have procedures in place to prevent the re-reporting of previously deleted items. As far as I can tell, you have them for either not notifying you of reinsertion of the deleted item, OR, failure to have procedures in place to prevent the reporting of a previously deleted item. Also, ask them where the "certification" of correctness is from the reporter of info. Friggin idiots. This is exactly what part of my lawsuit against the exp. affiliate was about. Of course, in the end, they had nothing and everything I wanted was deleted.
     
  3. WALLST

    WALLST Well-Known Member

    Thanks,
    I am typing up the letter as we speak and will fax it to Maynard Bryant today. His voicemail said he is out of the office until Tuesday. Welcome back Mr. Bryant.
     
  4. Butch

    Butch Well-Known Member

    Good job Wallst.

    We need more word for word analysis' of these convos.


    Tricia said: â??theyâ??re reported it back to us we didnâ??t re-insert it sometimes if we remove an item in error we can re-insert it and thats what it is referring to, if we reinsert something thats been removed....â?

    This illistrates that there IS a difference between an item that is removed as opposed to an item being suppressed.

    She obviously feels that if the CRA "re-displays" an item which has been suppressed, not deleted, then they are not required to send a 5 day notice.

    Rediculous of course, but we can see their line of thinkin as they try to rationalize their BS.

    THIS IS VERY IMPORTANT, and I wish MORE people would transcribe like that and post it here.

    :)
     
  5. WALLST

    WALLST Well-Known Member

    I have the entire recording. Also I have just finished my letter, I would like a comment but should I post it here???
     
  6. Nave

    Nave Well-Known Member

    Excellent job WallST. This is a post we can all look up to. Way 2 stick to your guns, and NOT get angry/frustrated/hung up on etc.... Also, WAY to GO getting a recording of the conversation!!!

    As LKH said, you have exactly the same claim he did, and they folded because he (and you) had everything and they (and Eq) had nothing.

    You got all the cards. Play em with style.

    Good Luck

    -Peace, Dave
     
  7. WALLST

    WALLST Well-Known Member

    Here is my letter, as it is my first I am looking for advice. Thank you all.

    WALLST
    xxxxxxxxx
    xxxxxxxxxx


    Equifax Office of Consumer Affairs
    ATTN: Mr. Maynard Bryant
    PO Box 105139
    Atlanta, GA 30348

    August 5, 2002

    Dear Mr. Bryant.

    In November 2000 I disputed a collection item in my credit file from a company named (coll agengy name) in Dallas, Tx. On December 27, 2000 your company sent me a reply that you had researched the item and it had been deleted . This is per FCRA 611(5)(A) On 7/21/2002 my wife and I were applying for a mortgage and this item had reappeared on my credit report with a reported date of 6/2002. I was not sent the required 5 business day notice provided by the FCRA 611(5)(B)(ii).

    I called your 800 number on Friday August 2, 2002 to get his straightened out. I must say that your representatives and management were less than helpful. The first rep I talked to named Rhonda said she didnâ??t know why I didnâ??t get the notice and asked me if I wanted it reinvestigated. I told her no I wanted it deleted. Rhonda put me on hold and came back to tell me that the FCRA says the collection agency must give me the 5 day notice. I then asked to talk to someone else. This time I got someone named Ellen. This is what she told me â??Unfortunately sir thats not the case, the company re-reported the information back to us and we donâ??t have an obligation to notify you.â? I then read her the section of the FCRA that puts the burden of sending the letter on Equifax and all I got from her was a big annoying sigh. I then asked to be connected to the legal department and she told me they didnâ??t have a phone number. I am persistant but professional and ask for a manager. This time I have Tricia. Trica offered to have me fax the deletion notice from 12/27/2002 but it would be a couple of days. I told her that I was supposed to be notified in 5 days and I wasnâ??t and could she please expedite this for me. She asks â?? what 5 days?â? I tell her Iâ??m referring to the FCRA 611(5)(b)(ii) and Iâ??ll read it for her because the two previous reps didnâ??t understand this(I read it yet again). She then tells me â??But that section is referring to if we re-add it, we didnâ??t re-add itâ? I interrupted her and tell her she is misinterpreting it and Tricia interrups me and tells me she is not mis interpreting it, and she is trying to explain it to me. She says â??theyâ??re reported it back to us we didnâ??t re-insert it, sometimes if we remove an item in error we can re-insert it and thats what it is referring to, if we reinsert something thats been removed....â?

    Mr. Bryant you know that the information above presented by your employees and management is false and misleading. I called in good faith to get your company to follow the law. The last thing I want to be doing is spending time typing this on a Sunday afternoon. Equifax has violated my rights under the FCRA section 611(5)(B)(ii), 611(5)(B)(iii) and 611(5)(B)(i) as this information was not certified by Equifax as accurate. And you certainly did not take steps to prevent reappearance as required by 611(5)(C).

    This same noncompliance has occured with a tradeline on my wifes Equifax report as well with a XXXXXX tradeline. Please let me know if you need a seperate letter from her to address that matter.


    I am a professional just like yourself and when I called in I expected to be treated in a professional manner. I did not yell, scream, or verbally abuse your employees. I would not expect my employees to treat our customers that way. The level of knowledge of your employees came as a big surprise, maybe they donâ??t realize that one inaccurate tradeline can be the difference between a good mortgage rate and a bad one.

    I will not tolerate this willful noncompliance and demand that you delete all the negatives off my Equifax report and keep them from reappearing, or the sum of $1,000 for each of the violations of the FCRA. I would like a response by Friday August 9, 2002 or I will follow through with suit in my local court. Iâ??m sure you can understand my frustration. I may be reached during normal business hours at xxx-xxx-xxxx, this is my direct line at work.


    Sincerely,


    WALLST
     
  8. KHM

    KHM Well-Known Member

    The only error I saw was the date :
    you had 12/27/02, when I think it should be 12/27/00????

    Great letter and good luck!
     
  9. LKH

    LKH Well-Known Member

    Looks good. Make sure you send the 2000 deletion letter you have with it.
     
  10. WALLST

    WALLST Well-Known Member

    Thanks KHM I have corrected, it's been a long weekend. LKH I will fax the delete letter with it.

    Thanks to all, will keep everyone posted.

    WALLST
     
  11. suedan217

    suedan217 Well-Known Member

    I have not had this problem yet, but I could see where I might. I had a judgement deleted from my Experian report after I disputed it. Let me know if I am interpreting this correctly or not. Are you say that under no circumstances can this file be re-inserted?
     
  12. LKH

    LKH Well-Known Member

    No. If a deleted acct is reinserted, the cra must notify you within 5 days. Also, the info must be "certified" as correct by the reporter of the info to the cra, per the FCRA rule 611.
     
  13. Gillian

    Gillian Well-Known Member

    Wallst,
    Thank you for sharing this with us. I just had the SAME CA list a debt that was previously deleted. Your story/letter has helped me. Thank you.

    G
     
  14. suedan217

    suedan217 Well-Known Member

    And do you know if the notification has to be before they insert it, or just within 5 days?
     
  15. Swede

    Swede Well-Known Member

    I think you may be able to squeezein one more violation on them....
    § 610. Conditions and form of disclosure to consumers [15 U.S.C. § 1681h]
    (c) Trained personnel. Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him pursuant to section 609 [§ 1681g] of this title.
    :)
     
  16. Butch

    Butch Well-Known Member

    Wallst, great letter.

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

    (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.



    LKH and I have been aggressively pushing the above provision. I would definately include a demand for a copy of this "certification". Since we know they don't have it they will comply quickly with your demand. WE ARE YET TO SEE ONE OF THESE!!!

    Good luck, keep us posted.

    :)
     
  17. PsychDoc

    PsychDoc Well-Known Member

    Re: My call with equifax on friday-

    The FCRA doesn't stipulate a written document. It simply says that the furnisher of the information must certify that the data is accurate. In other words, it simply requires a human being (as opposed to the usual trading of digital data packets) to physically check out and attest to the accuracy of the information. Rather than requesting "a copy of the certification," as if there is some formal document somewhere (which isn't required so probably doesn't exist), one should instead request details regarding the human being who swears the information is correct. Frankly, that's a serious dead alley for most Creditnet member, imho. Instead, I would stick to the 5-day notification violation and press them on that (just as this thread's originator is apparently doing).

    Doc
     
  18. Butch

    Butch Well-Known Member

    Re: My call with equifax on friday-

    The certification issue was bumped by Love.

    at:

    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=&postid=216841#post216841

    Someone, and damned if I can remember who it was, went to court with a CRA. When this issue of the cert. came up the CRA representative said: He forgot it. (It was in a thread about a month ago)

    A certification or attestation is more than a mere verbal assertion over the phone. What you've described Doc, sounds painfully like a simple verfication. If I'm all wet, I'll be the first to admit it. :)


    I'd demand it anyway just to see what they reply with. If they come back with, "There is no such thing as a cert." don't we wanna know that too???

    Welcome back Doc.

    :)
     
  19. PsychDoc

    PsychDoc Well-Known Member

    Re: My call with equifax on friday-

    Thanks, Butch, but I've been back. :) I did see that thread and mentioned that it sounded like baloney to me, lol.

    One can certify accuracy without producing a written document. I believe that WALLST is doing exactly the right thing by sticking to the fact that the CA failed to notify him during the 5 days specifically stipulated by the FCRA for reinsertions. I also agree with him that the FCRA makes no distinction between re-reported reinsertions and spontaneous reinsertions, lol, a dubious distinction offered up by the CRA employee.

    By suggesting that he seize upon the word "certify" as if that requires a document and making an argument based upon that, I believe you are weakening what was heretofore a slamdunk case.

    Doc
     
  20. LKH

    LKH Well-Known Member

    Re: My call with equifax on friday-

    Nice to see ya Doc. Actually Butch, part of my lawsuit against the Experian affiliate was that an item was reinserted and they after telling me numerous times that they had certification of it'a authenticity and accuracy, could tell me nothing. They ended up deleting it again. Permanently this time as well as several others that were issues of my suit.
     

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