Ok a quick run down.... Sent in a joint dispute (hubbys and mine on one piece of paper CRRR) at the bottm wrote please send procedures used..blah blah blah. Got the results.... hubby disputed an ALREADY INVESTIGATED item, came back separate saying "already investigated" plus 2 other items that remained. I disputed 1 60 day late, I have a letter from the creditor saying only 30 days late, however all i sent was the womans name, # and ext. I did NOT send the letter, well it came back verified as ACCURATE (60 days late) They have NOT sent any procedures, they have another 5 days (I think)....I want to make sure I have this straight Jointly we can sue for 4 violations?(1 for not investigating DH, 1 for verifying inaccurate info, 2 for not prvoding procedures for BOTH of us). Does this sound like a solid case? Also, with EXP should I send the filled out Small Claims form or actually file and have them served? I would settle for deletion of the negative accts., and $2000. In order to do this would I actually have to file (seeing as I would like some bling bling)lol. Or just send the "intent" letter with it filled out? Make sense? TIA!! KHM
EXP DOESN'T have 5 more days, FDCPA said something about providing it within 5 days once it's asked for. I asked for it with the original letter. Anyone? Tomorrow's my day off so if I can file tomorrow I'd love to but I'm gonna wait until someone can steer me the right way... KHM
I would like to know about this as well as I received something very similar on an account on my husband's report with EX. Sent back a full credit report saying already investigated with no procedures regarding the account as we had asked to be provided. We also have a copy of what the creditor sent to the CRA's twice. TU and EQ seem to have updated. On the second page it showed the current pending investigation with a different date from the online version. On line version states results due 1/6/02 and on the report it states results due 1/13/02. I checked this morning and the most of the inquiries are still at a pending status. I don't know about jointly filing as this EX report just involves my husband. I would like to know if this would be something to take to small claims court. If this affects both your credit reports and you sent a letter for each of you getting the same stupid answer back, I would probably file separately. This way my guess is you could get more monetary damages. Then again, I have not yet filed my case, but am working on it. So hopefully one of our small claims veterans can jump in and respond.
I don't want them to get away with this, but then again I don't want them dragging it to cort and making me look like a fool (legal wise). We sent our disputes together on the same peice of paper, but for different items on each report. The only thing JOINT we have is a CC, and that wasn't part of the dispute. I thought of another ?... I only disputed 1 neg on mine, yet I have 3 negs total. Hubby disputed all 3 of his neg's, I would DEFINATELY be willing to settle if they remove ALL of our negs. but can I offer to settle for deleting something I didn't have investigated THIS TIME? KHM
FCRA is not entirely clear on this point, but it can be reasonably interpretated to mean the duty to provide a procedural description is only triggered by a request sent in AFTER receipt notice of the results of the investigation. Also, the mere act of verifying an incorrect item, sans anything else, is not a violation of fcra per se.
I didn't send the actual letter, all I sent is the womans name phone number ext. and a quick rundown of what the letter said. Is that good enough, or should I send the letter and drag this out ANOTHER 30 days?
A couple points. As far as not reinvestigating a previously investigated account. If they are claiming they already verified it once, they are going to say a second dispute is frivolous unless you send them additional info. You can include this in your suit since they didn't come out and say it was frivolous, but I guarantee that will be their defense. If they did use that as a defense, they would of had to notify you within 5 days that was their claim. I think you may have gotten further with the late if you had send a copy of your letter. Be that as it may, since they didn't send you info on procedure, you don't know how they verified it or if they spoke to anybody. Try calling back to the lady who gave you the letter and ask her if they contacted her for verification. If she says no, then you know for sure they have a violation. As far as procedures go, they must send that to you within 15 days of receiving it. Since it was sent with your disputes I don't know how the law would read that. Ok, final results LOL, I think if you can get the lady from the creditor to confirm that no one contacted her to verify, then you have a good case. The only problem I see, is that request for procedure. How can they send it to within 15 days when most disputes take 30? Other than that I say go for it.
TU has ALWAYS sent the procedures within 5 days of receiving my dispute, it usually says: We verify by either contacting the creditor directly (telephone US Mail) or by electronic means. Here is the creditors name address phone number as well as the supervisors name. I always thought that was enough, but Exp didn't send ANYTHING. KHM
