Good letter. I would also add this section: § 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. Also add that you now require the certification that they are required to receive from the CA/OC that the account is indeed accurate.
Regarding certification of these reinserted items, I KNOW THAT THERE IS NONE. I JUST KNOW IT. I have now had two complete moron reps on the phone from EQ (we have CSC here in Texas) in the last two calls I have made. I asked them point blank, "what would cause you to reinsert this item?" The answer "it was on a tape, I can tell that because of the first of the month date and the update code." Okay, there is is. I called HFC and asked my contact person there (the person who worked diligently with me to get these accounts deleted) and asked if they had re-reported this info. He said "no way. that account was never in our system in the first place. I don't know how it was reported at all, and it was not included in any further transmission to EQ." He went on to explain that they produce 1 tape per month that is sent to all 3 bureaus. If the accounts had been on that montly tape, I would have seen them re-inserted across the board, not just with EQ. Makes sense to me. Overall, I think there is a bigger issue here. CSC and I can battle over the intricate details of this issue, but the bottom line is their reporting, employees, and system suck! I have a huge stack of reports related to this very issue. One will say "deleted" on the front sheet and continue to report it on page two. The next day I would receive another report. This time the accounts were "verified" as included in BK. These accounts weren't mine, HFC never verified that they were, and they certainly were not included in my CH 13. I have a total of 16 separate reports either "verifying" these accounts or "deleting" these accounts and continuing to report them. I also have 10 reports over a 3 month period where they "verified" my name only. Does this make sense to anyone? EQ may be more on the ball, but CSC is just a cheap sub-contractor that hires substandard help, has a system from the dark ages, and absolutely should not be in business. CSC has to know that this is true. Whether they will actually fight it is another story. I hear that they always send a manager to these hearings. What he would explain / defend in this I have no idea. The sheer stack of meaningless paper over a 5 month period should be enough to at least cast doubt in a judge's mind that they are incompetent.
Sounds like you're in a lawsuit position Lisa. Many times these CA's report on magnetic tape once a month. If they do everything else but forget to remove the derog from the tape (a manual adjustment) it suddenly shows up again. NO EXCUSE tho. The law says the CRA MUST have a "certification" before re-insertion. We are all still talkin about what "certification" consists of but we do know it's a hard document with a signature. It's also the CRA's responsibility to avoid reinserting items that were previously deleted, even tho they do show up on tape (procedure to avoid errors). I'd sue them BOTH and watch them blame each other in court. Might be a slam dunk $1,000. Keep us posted.
Butch, thanks for the input! I have officially filed my first lawsuit! I feel like I am now part of the club around here, LOL! This is definitely #2. I hope to get it filed within the next few weeks. I still need to apply for credit, get denied, etc first.
certified means written, like a certified check. It's written proof that the check is good not some yo-yo at the bank saying "don't worry about it, the check is good" Certified accountant, certified mail, etc. someone has to put it in writting! Go get them, I am if they dont delete.
