Briefly: disputed online, came back verified, sent procedure letter which I initialed and got a call that they don't respond to unsigned letters. Last I checked Joe Jackson signed with an X and the UCC and NY case law are on my side on this one too. That being said it appears they are in violation of the FCRA 15 day procedural requirement. Anyone have a view on how/or has translated this into a deletion?
well i got a letter from an oc that i sent in to experian... and they said the same thing... no signature- no deal... i called the oc back and they said 'tell them they are stupid, we deal with them all the time without signatures' so i did, and they said, 'we don't process anything from consumers that is not SIGNED' eventually it worked out for me, but that is an interesting policy, i wonder if they realize that it may impede on abiding by certain federal statutes... i 'm sure they have some fricken loophole..but good luck.
The Uniform Commercial Code defines signed as "any symbol executed or adopted by a party with present intention to authenticate a writing". Section 1-201(39) defines "Signed" includes any symbol executed or adopted by a party with present intention to authenticate a writing and Comment 39 to section 2-201 expands on this definition: The inclusion of authentication in the definition of signed is to make clear that as the term is used in this Act a complete signature is not necessary. Authentication may be printed, stamped, or written; it may be by initials or by thumbprint. It may be on any part of the document and in appropriate cases may be found in a billhead or letterhead. Policy counter to this would allow people to be subjective as to quality of signatures and open a pandoras box in the world of negotiable instruments. Any other views?
