I sent a procedure request into EXP and today I got something back from them, I can't be sure but I think this is their halfas* attempt at responding to a procedure request, because the letter is so vague. Basically, the letter states: "If you question the results of our investigations, then you may refer to your original personal credit report for the business name and address of the source who verified the information. If you need further information, please call the phone number we dipslayed with the resluts of your investigation." This looks like some generic form letter sent out by EXP in response to the Procedure Request. It does not even mention the account I requested the procedure for verification, I have two of these pending. This does not even come close with FCRA requirements. Anyone recently get this "chain letter" for a procedure request? I am going to wait until I hear back for my second procedure request and file in small claims against EXP for: 1) Refusing to investigate inquiries--- 2) Wrongfully deleting positive tradeline---one that was never in dispute 3) Sending out "form letters" for procedure requests that does not even attempt to answer who or how the account was verified
(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available; What they sent you is not a description. It's more of a request on their part for YOU to do THEIR work. The description needs at minimum the business name, address, and the way it was "verified". If by phone, they should be required to give you the name or extension of the person who allegedly verified this to the CRA, and if by computer, a copy of the electronic document from the OC that says "verified".
Wouldn't it though? '97 brought us some well needed updating, however, the FCRA (and FDCPA for that matter) is still in need of some adjustments. The CRA's need to be more accountable. By being allowed to give such lame procedure descriptions, they can "verify" all day long and no one would really know what went on behind the scenes. It shouldn't take a lawsuit to get things done right.
The letter EXP sent does not give the number of the creditor....HA HA HA. EXP is too lazy to even mention the account they are responding to. Attached to the letter is EXP 1800-583-4080 customer service number. I agree with you Mindcrime, they are expecting me to do their work for them. FINE, I'll do there work for them in small claims court. I will give the judge copies of UDF's from creditors to delete inquiries that EXP refused to investigate. Show the judge all my letters to EXP to resolve these problems. The UDF from Nissan for the positive tradeline that was wrongfully deleleted and EXP refused to correct. My requests for procedure requests (all with the pretty little green cards to show dates received by EXP) and EXP's above the FCRA response. I got nothing to lose by taking these credit saboteurs to small claims.
I am suing the CRA's now for their stupid form letters and vague answers to my requests for the procedures used to verify my dispute. In fact I just got a form letter from Experain yesterday as a follow up to a second letter asking them for more detail into how they verified my disputes. I had 6 of them listed asking for procedures, here is what they had the nerve to send me...... "When you question information on your personal credit report and tell us specifically why you believe the information is inaccurate or incomplete, we contact the source of the information directly by telephone, letter, or through an automated verification system. We ask the source to check their records to verify all of the information regarding the item you questioned, and report back within 30 days of the date that we received your request (21days for Maine Residents). Once we receive a response, we send you the results of the investigation. If we do not receive a response within 30 days (21 for Maine Residents) we will update the item as you have requested or delete the information, and send you the results. Sincerely, Experian, NCAC" This is the stupid jackass letter they sent following up my second letter to them to provide more detail as to the procedures they used to verify items I disputed with them!! Well my question is where are the accounts listed as they are no where on this procedure generic form letter they sent?? Where are the address's and contact info for my procedure requests for my 6 accounts?? How did they verify each one of the 6 accounts I asked, I know and understand what their general practice is for verifying disputes but this does not satisfy the FCRA requirement by telling me how a specific item was verified....Was it by telephone, letter, or through an automated verification system??? So Experian which one of these methods was used to verify my disputes?? It can't be all of them?? I am pretty confident the FCRA wants the CRA to provide procedures used to verify for a specific account and NOT a general description used to verify all disputes. Quite simply they are being lazy! Plain and simple!! I have received these types of stupid procedural letters from all of the CRAs and that is why I am suing them now. They will pay me or delete the items in question. I'm actually glad experian sent me this letter as it is more documented proof to use against them. As ironic as it sounds all of my court dates for all 3 of the CRAs are on the same day, one right after the other!!! I'm gonna love to get a chance to meet them in person, it should be fun!! LOL!!! Tac
Tac and Jambe, I just looked at the response from Exp. I'm sending one out tomorrow, but not too hopeful at this point. Anyway, I noticed on both of the responses you posted, that you both live in Maine. Me too. Ok, it early in the morning, and I thought that was pretty cool...just wanted to post that. LOL
I received the results of my investigation from CSC Credit Services the other day, but haven't received the procedure request information yet. I wonder if they'll send it or not.......... sirrowan
