I had a tradeline on my TransUnion report. I disputed it and it came back verified. I then received a letter from the CA stating (in response to my validation request) that they had no original account records like I asked but would be obtaining them. I then sent another letter to TransUnion along with a copy of the CA's letter admitting they had no proof this account was mine. I disputed the debt with TransUnion as not mine and told them if they did not delete, I would be forced to sue given the evidence I had obtained from the CA. They sent me a letter saying they couldn't accept the documentation I provided but did end up deleting at the end of the 30 days which is telling me they did not delete from my letter alone but rather sent a copy of the letter to the CA who then deleted the TL. However, I followed the same procedure with Equifax. But, the CRA has returned the second dispute as verified. I don't understand why the CA would delete the TransUnion tradeline and verify the Equifax one. This makes me believe that possibly Equifax is not contacting the CA or some other problem is occuring like Equifax isn't forwarding the CA a copy of the letter that I sent Equifax from the CA stating they had no original account records. Therefore, I wanted to find out, does sending Equifax a copy of the investigation results from TransUnion (showing the account was deleted) ever work for getting the Equifax account removed? I just want to find out if it will be a waste or if I should try it.
Don't assume anything! The CA may have never responded, TU may never have sent it out, the CA may know longer report to TU, etc. could be 100 different reasons. Never heard of it working. Your beef is with the CA who has sent you the golden letter admitting they can't validate, but they have gone ahead and verified its accuracy with a CRA
Agreeing with JLynn. Is this CA legal in your state and the state they are in? Check this before doing another thing (see my link below: Using State Laws). The fact that they would freely admit no proof and keep it on your CRA tells me they might be less than concerned about following laws (that's an understatement) and would be a likely candidate for unlicensed or unbonded (if required)....So...you would rack up a major violation that the state would help you with if they don't remove..
TO JLYNN I didn't think it would work. I just wanted to double check. I probably won't waste my time doing it then. TO NanaC Unfortunately, they are licensed to do business in my state. I think you have probably heard of them....ASSET ACCEPTANCE. LOL. As you probably know by now, they could care less about following the law. At least they are getting better though!!! In the past, they would have just sent out a computer print out and said "Here is your validation." AND!!!!! Listen to this. I sent a validation letter and got the "We are obtaining original account records for you" within 30 days. However, they did not update the account as disputed. Instead, they put that crap about "UNABLE TO LOCATE CONSUMER." After 30 days past and I did not get the validation, I sent them another letter asking them to delete and telling them that their failure to update my CRA tradeline as disputed is another violation. They immediately updated it to "Customer has now located consumer. DISPUTE RESOLUTION PENDING." They then changed everything to $0 on my Equifax (and deleted the TransUnion). Now, they must feel since it says $0, they can continue to list it. Unfortunately, the law is very clear that since I am disputing the entire account as not mine (not just the balance), the entire account must be deleted without original account records. I believe one of the following is happening: 1) Although Equifax signed for dispute letter, since I have not received investigation results and it has been over 30 days, they actually did not initiate an investigation because either they will claim they didn't get it OR they won't investigate it because the CA is already listing it as "DISPUTE RESOLUTION PENDING." 2) They were delayed in starting their investigation (really delayed...like 15 days) but are still investigating it. 3) They did investigate (and I just haven't received the results) and they did contact the CA but the CA felt since it was listed as being in dispute, they don't have to remove it. I will call Equifax on Monday to find out for sure. Now, if Equifax claims, we didn't get an investigation request, even though it was signed for...do I have any recourse? I doubt it since they will probably just say..OOPS.. we will start another one.
Re: Re: Re: Does this ever work? They will probably say...unfortunately, we are unable to accept the documentation you have provided (my previous dispute letter and signed receipt). However, we will submit a new dispute on your behalf. In a way, they have a point because how can I prove, even though the dispute was signed for, that I dind't just originally send them a blank piece of paper just to say you had over 30 days and now must delete.
Re: Re: Re: Does this ever work? how can they prove it didn't contain what you said it did? (although, i understand your rationalization and agree with you)
Re: Re: Re: Re: Does this ever work? You are over-thinking. You are not submitting NEW documentation. You can "let" them submit a dispute, or you can get tough and use the FCRA and fight to get it deleted.
Re: Re: Re: Re: Does this ever work? Although it's a nice thought, I have never heard of them deleting because they misplaced a previous dispute. This is not the first time this has happened to me and every time it has, when I quote the FCRA about it being time to delete now, they just ignore it and start a new investigation while sending me a notice that they could not accept my documentation but will start a new investigation. Unless we were planning on going through the time to file suit (which still may not even be fruitful considering we can't prove a blank piece of paper wasn't in the previous envelope), there unfortunately is nothing we can do. I will of course try to force them to delete but I can almost guarantee the outcome.
Re: Re: Re: Re: Re: Does this ever work? When I send CRAs CMRRR letters, I write the 20-digit item number on each page of whatever is in the envelope (typically use a separate letter for each dispute ... but more than 1 letter per envelope). CERTIFIED MAIL, RETURN RECEIPT REQUESTED ITEM No.__________________________________ The CRAs undoubtedly have gone to document imaging. The systems have elephantine memory. CRAs are unlikely to play any sort of "oh, we didn't get it" game, especially where bits and bytes are concerned and the CRA employee has a career at stake and has no way to know they have eliminated each and every electronic instance of a given document. If you send the CRA a letter that has those numbers on it, and a copy of a green card with those numbers on it ... the CRA would be foolhardy to do other than either believe it ... or verify that the letter did indeed come in before acting further. EQ and EX ignored a couple of letters of mine like that during CHOD, and I've already sent them letters demanding deletion for items not addressed within the 35 days. I also included documentation that another agency gave me deletion on the same item. While the general agreement is that the CRAs ignore what each other have done, I put a statement in that I believe the other CRAs deleted on the basis of proper investigations, and that the target CRA's failure to delete will elevate their misconduct to the level of willfulness, which would allow me to claim punitive damages. We'll see how it goes.
There should be plenty of people here that will tell you otherwise. I had several accounts deleted off TU last year during CHOD because they lost my dispute. They TRIED to tell me they would start a new one blah blah, you have to keep pushing them. Telling them redisputing is not an option, you are going to sue, blah blah.
In my opinion, TU is always the easiest CRA to get a deletion. Everytime I threaten to sue TU, they always delete. Unfortunately, the problem lies with Equifax who doesn't really seem to care (nor does Experian...at least in my experience). When you have forced the issue that they delete, was this over the phone or through a letter. And, if it was through a letter, when they responded saying they would start a new investigation, did you immediately write them a letter back saying, no you will delete it?
