Discussion in 'Credit Talk' started by zcraws33, Jul 13, 2001.

  1. zcraws33

    zcraws33 Well-Known Member

    Experian verified an account I have disputed twice as accurate. The second time, I KNOW they did not verify as the dates on the tradeline never changed. Then I recently sent a letter requesting "procedures used for verification" , they basically sent me a letter stating to contact the creditor directly or I could include a 100 word statement. Part of my letter did request another reinvestigation, but the main part..requested verification of the procedures. I know that I should probably seek legal advice, but I was wondering if anyone had any other suggestions? I want to try another route before POSSIBLE litigation...

  2. breeze

    breeze Well-Known Member

    What "procedure" letter did you use? Maybe there is a better one somewhere.

  3. zcraws33

    zcraws33 Well-Known Member

    Here is the letter exactly:

    Dear Credit Data Southwest:

    On June 5, 2001, you received a letter from me disputing certain items on my credit report. Your response, dated June 11, 2001, indicates that you verified one of the items as belonging to me. When in fact, it does not.

    Therefore, exercising my rights under the FCRA, please be advised that this letter is a formal request for the description of the procedures used to determine the accuracy and completeness of the disputed information, including business name, address and telephone number of any furnisher of information contacted in connection with this re-investigation, as well as the contacts, notes, or other items bearing my signature. Please be advised that I am aware that the creditors address on the credit report is not always the address that was used for verification. I, therefore request that you provide the exact address or telephone number used for verification.

    I am disappointed that you have failed to maintain reasonable procedures to ensure complete accuracy in the information, which you publish and insist you comply with federal law by providing the requested information within the 15 days allowed, or delete the item from my credit report.

    For your benefit, and as a gesture of my goodwill, I will restate the relevant dispute:

    â??WFNNB/LANE BRYANT- account #0000000â?

    As stated in my previous letter, the listed item is not accurate and is therefore, a very serious error in reporting. The Fair Credit Reporting Act requires that you report only 100% accurate information. Please delete this misleading information.

    I respectfully request that you provide the above requested information. If the requested information cannot be provided, the item must be deleted from my credit report as soon as possible.


  4. breeze

    breeze Well-Known Member

    Nope, they're in violation fo the FCRA. You really should back them into a corner. Call the FTC complaint line and tell them, anyway.

    It you want to give them another chance, I would send the same letter again, but like this.

    Insert a beginning paragraph or write another letter saying something like this: "I think perhaps you misunderstood my request. I am asking you to provide me with the procedure you used when you verified this entry on my report.

    To put it simply:

    1. If you verified it by phone, what phone number did you call, and with whom did you speak?

    2.If you verified it by mail, to whom was it addressed, and at what postal address? Who responded?

    As I understand the Federal laws that govern credit reporting agencies, you are supposed to provide me with this information. If you don't you are breaking the law. If you cannot provide this information, then the logical conclusion is that you actually could not verify this entry, and you must therefore delete it.

    So, I am giving you one more chance before I file suit, on the fair premise that you misunderstood my request.

    I am enclosing my original letter for your reference, and I expect a response in xx days from the date you receive this.

    Thank you in advance for your response.

    Cordially, (yeah right!)

    blah blah blah

    Then wait. If they send you a contact name, verify it yourself. If they lied, you have a lawsuit. If they ignore you again, and don't remove it, they broke the law, and you have a lawsuit for malicious or negligent failure to comply.

    that's what I would do.
  5. zcraws33

    zcraws33 Well-Known Member

    Thanks Breeze,

    they say, two heads is better than one. I will send another letter tommorrow, of course, certified r/r. I am only giving them 5 bus days to reply. They are local. I will advise the outcome.
  6. breeze

    breeze Well-Known Member

    Good luck!

  7. Nave

    Nave Well-Known Member

    I saw a picture of Breeze in Nags Head (or somewhere in the Outer Banks)...she has only one head! :) LOL

  8. breeze

    breeze Well-Known Member

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