Derog Re-Insertion (Procedural)

Discussion in 'Credit Talk' started by Butch, Aug 1, 2002.

  1. Butch

    Butch Well-Known Member

    Leencaci, has a problem on the following thread:

    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=215595#post215595

    "Man I am MAD as ..... I had an account that I paid for deletion and I even got a letter from them stating so... Well this was back in March and it was deleted. Well guess what... It just reappeared TODAY! I called the CA that I made the deal with and they said they already deleted it and there should be no reason for it to show back up because they did not put it there. They said I need to just dispute it with the CRA and they will tell them it should be deleted when the verify. YEA RIGHT. You think I am going to TRUST THEM (CA). So what I am going to do is sent a letter via fax stating it should be deleted and also send a copy of the letter from the CA too."

    I am sick and tired of this!

    Continued...
     
  2. Butch

    Butch Well-Known Member

    Continued ...


    A starter letter:



    Date

    Credit Reporting Agency
    123 West Street
    Anytown, State Zip

    Cert Mail # 1111 2222 3333 4444 5555

    Re: Account Number: 123456789 For Jane Smith.

    To whom it may concern,

    Dear Sirs,


    This item was ordered deleted by the furnisher of information on [date]. Your agency complied with the deletion demand on or about [date]. Upon pulling my report on [Date] I noticed the same item has been re-inserted. I contacted the original creditor to ask why and they stated that they did NOT communicate with you regarding this account.

    May I remind you of the following:

    FCRA § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
    (5) Treatment of inaccurate or unverifiable information.
    (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.


    This is a formal demand that you provide me with the federally mandated "certification" from ABC Company, (the original creditor). Please fax this certification to me directly at 123-456-7890.

    If you ignore this demand or fail to respond accordingly I will file suit in Federal District Court in the city of XXXXXXXXXXX, County of XXXXXXXXXXXX, within 3 business days after the tracked and verifiable receipt of the letter. YOU HAVE 72 HOURS TO CURE!

    I shall seek specific, statutory and punitive damages in excess of $100,000 for your willful failure and negligent noncompliance of federal law, in demand of a jury trial.

    Furthermore,

    (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.

    You have failed miserably in your duty to notify me of this re-insertion, as I have received NOTHING from you.


    (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)).

    You have not implemented the required procedures for avoiding such mistakes.

    There is cause for substantial damage on my part.

    Optional: Should you wish to call me I can be reached at: 321-543-0987 between the hours of 9am - 5pm. (insert your time)


    Regards,

    ME
    My Address
    City State Zip
    Fax #:

    (list your enclosures)



    You guy's can help perfect this letter if you want but I think we really need this. We MUST start demanding this "certification".
     
  3. charlieslex

    charlieslex Well-Known Member

    Butch, The attorney that I talked to today said send a letter to both the CA and CRA at the same time, same letter. Charlie
     
  4. LKH

    LKH Well-Known Member

    I absolutely agree. Ca's lie. Who's to say that this isn't a similar situation to what happened to Quixote today. It is likely that the ca did re-report it, accidently, on their monthy tape update. But, then again, maybe it is the cra.
     
  5. Butch

    Butch Well-Known Member

    Why, what happened to Quixote today?

    :(
     
  6. Butch

    Butch Well-Known Member

    Absolutely correct. What happens is they will both blame each other. If you approach them both, you can drag them both into court if you have to and watch them point the finger at each other.

    If you only approach one of them they will always blame the other and your whole case may collapse.

    Since there's really no way to ferret out who's lying then go after them all.


    I just didn't mention that here because Leencaci said she already got a letter from the CA ordering the deletion.

    :)
     

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