I checked my CE this morning, and I noticed that there was a Providian chargeoff/paid on my report. It has not been on there for over 3 months til today. I called EX and the 1st CSR told me that she is showing that it has always been on there. I said that I have many reports that show it wasn't, and that CE wouldn't let me dispute it. She said that she wouldn't dispute it either. I asked to talk to a supervisor, and she said the same thing more or less. I told her that I would fax her copies of my reports that showed it was not on there. She said no. I told her that I have a right by law to dispute something especially if it was just put on my report. She still refused and also refused to let me talk to HER supervisor. Her only response was contact Providian. I got so mad that I told her that I was going to sue. she said go ahead. Now what? Charlie
You watch how fast you're going to make her eat those words, Charlie. I suggest you send copies of your old report(s) showing that no Providian charge/off account was listed, print a copy of the first report showing it is listed, wait five days before sending, print another copy of your report, this way you have proof that the item was not only reinserted, but that you were never notified within the allotted timeframe (5 days) required by the FCRA. Also, include in your letter a request for "certification". Since this is so obviously a re-insert, the CRA is required to receive the certification before the item is re-inserted, and must supply you with this "ceritification" as well. I would also send this excerpt from the FCRA: § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (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. (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. (iii) Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion (I) a statement that the disputed information has been reinserted; (II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and (III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information. (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)). Seems they've also violated the FCRA under Procedures to prevent reappearance. Send this all CRRR.
I told her about the 5 day reinsertion, and she said a bunch of crap. I could tell the 1st second that I started talking to her that it was futile to even talk to her. the thing is that they blatently lied when I gave her a report # that didn't have it on there and she said that it was. I was so shocked that I thought that I was on crack!! Here it was in black and white and she said it was there. I'm going to send a dispute anyway for a lawsuit paper trail. I was so pissed!! I'm not going to send them any FCRA verbage because now it's personal. It's not my job to educate their people. Charlie
I just checked CE again and they have changed the Providian from paid/chargeoff to written off/chargeoff and it dropped my score 34 points. I didn't print a copy earlier of the paid/chargeoff. Is there any way to do something on the computer to get this mornings report? Just grasping at straws. Charlie
I am not aware of anyway to retroact your report to this mornings. Just curious, was the 34 point score drop the result of it being changed from paid to unpaid, or was it the result of the charge-off period? What was it listed as previously (after you originally got the tradeline deleted), paid c/o, unpaid c/o? Also, is the account number still the same? I would think even if EX changed it from paid to unpaid, as long as the account numbers matched (from your way old report to this new one today), it is still considered a reinsertation.
Short of sueing the CRA has anyone been successful getting an account deleted again on the basis that the CRA did follow FCRA requirements regarding reinsertion? mark
I got the report that said it was deleted on 3/17/02, and then, mindcrime, I went to CE to see if it was the same account and it must be down because I can't get in or I have been blocked out. I'll try later. Charlie
