I sent a letter to Experian asking for a removal after sending letters to LVNV Funding for 9 months without a response. I specifically said in the letter to Experian that "this is NOT a dispute" but a demand that they remove it from my file. I received a credit alert saying that the account is disputed. Is Experian doing an investigation on their own before they delete it?
Under FCRA, you have the right to ask the CRA to investigate and correct based on their investigation. What can you expect if you tell the CRA to delete, but you say you are not disputing? It is not clear whether you have even placed on them the FCRA obligation to investigate since you haven't asked them to.
Been there, done that I have requested investigations 3 times. I have also requested verification directly from the CA. I figured that if they can send the verification to the CRA they can send it to me. Since they verified it with the CRA and not with me, I figured I could use that in court. When I sent the letter to the CRA to delete the entry, I sent copies of my correspondence with the CA. The correspondence shows me asking the CA for verification 9 times with no response; as well as the FTC opinion letter of valid verification. My reasoning was to set up the argument that the CRA willfully reported inaccurate information. The CA should be served next week, and when I win that case; I am going to go after the CRA. They will not be able use the defense “I’m sorry, we didn’t know”.
If you were intending to go after the CA, you could have done so after your first CRA dispute was "verified" by the CA. If you win against the CA, they may just delete. If not, then I guess you would then go after the CRA, using your CA FCRA ruling. Did you dispute with the CA within 30 days of their initial contact letter? If so, and they didn't validate, then their later verify to your CRA dispute would be one of your FDCPA violations. Since the CA is also a "data furnisher", you might also look at FACTA, which allows for disputing reporting by any data furnisher, whether CA or OC. Does this CA have a record of failing to handle disputes? Check with FTC, BBB, and various state AG sites. You may find they have pulled this before, and they might be under settlement agreements.
