Experian ignored Procedure Request

Not saying they never do, but I have never seen anyone get an explanation of procedure from Experian. That is going to be *another* of my causes of action against them. They have denied six procedural requests in six months. Maybe seven, depending on whether they respond to this last one. My file on them is about five inches thick!!


L

 

http://www.ftc.gov/os/statutes/fcra.htm#611


§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

6) Notice of results of reinvestigation.

(A) In general. A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency.

(B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph (A)

(i) a statement that the reinvestigation is completed;

(ii) a consumer report that is based upon the consumer's file as that file is revised as a result of the reinvestigation;

(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;

(iv) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information; and

(v) a notice that the consumer has the right to request under subsection (d) that the consumer reporting agency furnish notifications under that subsection.

(7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description.

 

There is a sample letter that was posted recently for something similar (starting a dispute when other info was requested)

I'll do a little looking and see what I can find for ya

 

I'm waiting to see what happens in the case I just filed before starting on Experian. I don't think I can handle two at one time and when I get the interrogatories from the CA and am asked how many lawsuits I have been involved in, I can say none...lol.

I've started drafting the Complaint and as soon as the other case either settles or goes to a jury, I'll file it. In the meantime, I'm continuing to build a case against them by ordering the documents from the original creditor. Haven't decided whether to name them yet, but probably won't. EX can sue them if they want to if they provided faulty info after they were supposed to investigate.


L

 

Andrew,

I'm sorry I can't seem to find that thread anywhere-maybe someone else can find it?

Basically I think you should......
(I'm assuming you sent everything CRR???)

Go the clerks office and get a few small claims forms(always good to have a few extra blanks on hand). Then fill one out for all violations you have on them (or make a copy of it and write on the copy). Then write an intent to file this lawsuit letter. Send the letter and a copy of the already filled out lawsuit (I wouldn't sign it) to them CRR.

In the letter state that you have them on multiple violations(assuming you do) and you have substantial proof and a papertrail with mailing receipts to support. Include the incorrect accounts and offer not to file the lawsuit if they agree to delete the accounts in question and block them from reappearing. Give them a deadline. If they do not cooperate and providing you have the proof just go ahead and file on them.

Why are the accounts inaccurate?

 

In my opinion, they should have answered you in the first place-bottom line. You did not request an investigation, now did you? No they already verified the accounts and you asked for the procedures they used to verify them and they have failed to provide that information.

If you simiply just want the accounts corrected/deleted..........

1)Contact the creditor and request they send you and the CRA a credit rating letter (not sure if everyone has these but I requested one from my car lender to correct a 30 day late that was reporting which was wrong - the letter included balance,date opened(no date closed because it is still open) and payment habit(any lates,etc) if they do not have this then explain the problem and ask them to send a UDF supplying the correct info.

2-4)Try and get a letter from the creditor stating these accounts do not belong to you and request they send a UDF to delete these accounts immediately (usually takes a few weeks to get them off)

5)Try disputing again as duplicate account please delete.

6-7)Again try to contact the creditor to update


Now if you want to go after EX with a lawsuit you can try to get all the info you can from the creditors (i.e letters stating the accounts are not yours, showing correct status etc.). Then apply for something that uses EX that you will be denied for because of these incorrect accounts, then with all of that info plus them verifying the accounts and not providing descriptions used I think you will have a very strong case and grounds for some $$