EXP won't investigate anything

Discussion in 'Credit Talk' started by mark, Nov 17, 2003.

  1. mark

    mark Well-Known Member

    I sent three (3) seperate disputes to EXP last week, within 5 days I got 3 letters back from them , 2 stating that they would not re-invistigate a previously disputed and verified item (both items were dispute last year and were verified within like 5 days). the 3rd dispute was for some inquiries..i got something that was just non-sense regarding those as well.

    so..what path should I take take from here?

    can I send them a verification request even though they did not do any investigation?
     
  2. AtlantaGA

    AtlantaGA Well-Known Member

    try calling them on the phone.
     
  3. mark

    mark Well-Known Member

    i have it doesnt work 'sir this has been previously disputed, we can't do anything about it'
    or 'sir we dont dispute inquiries'
     
  4. AtlantaGA

    AtlantaGA Well-Known Member

    You're SOL on inquiries.

    Try this in a letter:

    I am in receipt of your letter dated xxxx, a copy of which is enclosed for your convenience. In your letter, you refuse to investigate my dispute of xyz co because you have verified this previously.

    The FCRA requires CRAs to investigate all consumer disputes in a timely manner, unless they are frivolous in nature. The FCRA does not allow a CRA to shirk their duty on the grounds that theyâ??ve done it before. This dispute is not frivolous. I am being damaged by a debt that belongs to someone else!

    Please investigate this matter thoroughly and remove this entry from my credit report. If you do not do so, I will be filing a complaint with the FTC and will likely seek damages in court as allowed by the FCRA for your willful refusal to investigate my dispute.
     
  5. AtlantaGA

    AtlantaGA Well-Known Member

    As a follow on to that, the only allowance in the FCRA for a CRA to refuse to investigate is under 611 (a) (3) Determination that dispute is frivolous or irrelevant. If they make that determination, they are required, under 611 (a) (3) (B) to send you a note stating that they have made the determination that your dispute was frivolous. 611 (a) (3) (C) requires them to state in their letter the grounds for the determination and what information would be required for re-investigation.

    I have a whole collection of those 'was previously investigated' letters from EXP that I'm saving for my lawsuit. They do not meet the requirements of 611 (a) (3) (C).
     
  6. kewlstang

    kewlstang Well-Known Member

    I'm having this same problem, since JUNE '02 probably sent about 5 disputes and got the same letter back each time. I won't give up, but they won't budge.
     
  7. AtlantaGA

    AtlantaGA Well-Known Member

    I'd send an ITS, citing their lack of compliance with 611 (a) (1) and/or 611 (a) (3).
     
  8. vghost

    vghost Well-Known Member

    • Good one! I didn't have such letter in my collection ... :)
     

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