Fcra??? Reinsertions...

Can someone point me in the direction as to what section refers to reinsertions as far as the FCRA?

EXPERIAN(credit data sw of arizona) JUST REINSERTED AN ACCOUNT PER CREDITEXPERT, that was deleted last 12/00. I have received no notification of the reinsertion yet.

recently, I have been disputing accounts with them and requesting the procedures used to verify.They basically ignored my request to advise procedures used to verify (luckily the creditor is removing the item)..so I then wrote to the main office in Allen, TX, stating that the local AZ was incompetent and I needed the information requested asap. I did that on 6/26.nothing yet.

so now SUDDENLY, this old DELETED account pops back up...hmmm...makes you wonder. I just disputed it via credit expert. if it is not deleted by investigation completion date. I am filing suit, against my local office AND the Allen tx office....

THEY MAKE ME SO SICK!!!!
****************************
Well, sorry to say, you are trying to fight a battle of wits and they got out out-gunned as usual.And no, that's not meant as a reflection on your mental capacities. It's simply a matter of fact that they make all the rules and pretty much do as they please within certain limits, of course.
You are pretty muchly left trying to fight a losing battle unless you can come up with solid legal grounds to sue and make them believe that you really will sue, which it is usually better not to do if you don't have to.

But your experiences and those of countless others on this forum and elsewhere prove the futility of attempting to fight with the credit bureaus instead of with the creditors and collection agencies first.

Yet no matter how much I preach that theory nor how many times I am proven right, some folks just can't seem to understand or don't want to understand that the credit bureaus are not the source of the problem. Some folks don't even want to understand or accept that fact when the credit bureaus tell them the same thing.

Now then, in your case, you seem to have gotten the point albeit somewhat accidently because you say that the creditor has also asked them to delete and still they have not done so. The answer to that problem is that it can take the credit bureaus an awfully long time to delete when the creditor demands but if you have a letter from the creditor and you dispute useing that letter as a basis for your dispute,it seems to help speed up the process for whatever reason.

you may indeed have to file suit, but I would recommend that you include a threat to turn the matter over to your attorney if not corrected in a timely manner.

 

Here you go - straight from the ftc website. Here is the url - http://www.ftc.gov/os/statutes/fcra.htm#623


(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)).

(D) Automated reinvestigation system. Any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall implement an automated system through which furnishers of information to that consumer reporting agency may report the results of a reinvestigation that finds incomplete or inaccurate information in a consumer's file to other such consumer reporting agencies.

 

Well, good for you If you have several violations just add up your time and energy, expenses, and FCRA violations and sue.

I think just the act of filing suit will cause your report to get cleared.

You don't have to have some big Federal case, no magic bullet needed...

You just need easy reasons how they violated the FCRA.. then you actually have to file the lawsuit.

If you take the Circumloquacious advice, you'd likely end up in US District Court. Certainly a heavier hammer but one in which you'd have to have a lawyer. Small claims is sufficient. They just don't want a lawsuit, any lawsuit. Even the little lawsuit will work.

Wait the time needed, then file. You'll wake them up and get the necessary changes needed.

Congrats! You're less than 2 mos from a clean report.

 

If you take the Circumloquacious advice, you'd likely end up in US District Court. Certainly a heavier hammer but one in which you'd have to have a lawyer. Small claims is sufficient. They just don't want a lawsuit, any lawsuit. Even the little lawsuit will work.

Marie, the Circumloquacious advice is the much better approach so long as one is still in the evangelistic mode.
Once serious deterioration has set in and the proposed defendant has for all appearances reached the point of apparent rigor mortis, a much more circumspect approach would definitely be more appropriate.

In other words, threaten to sue in Federal Court and keep the H*** out of court if at all possible. The outhouse usually affords much better relief than the courthouse.

LOL

 

I'm all for threats and I always enjoy your advice Bill

I think I'm just coming to the realization that we take too much time. I'm all for gathering information and having your ducks in a row...

But I think we act like sitting ducks. We gather our violations and then huff and puff. and write letters? why.

For example, I did another round of disputes before lawsuit to include all my derogs (because those are what I'll want off in exchange for dropping a lawsuit). Now I'm still waiting for resolution because Equifax took almost 3 weeks to even log my disputes into their system. Ugh. I want to file Now. but I have to wait. There's a purpose to my delay but it's frustrating witnessing yet more errors on their part.

I have documentation of violations already.

Now, I can huff and puff and threaten a lawsuit (But I wonder how many lawsuit THREATS they get daily) or I can actually step up to the plate and file it... even if it is in small claims court.

Yes, US District is really the better venue. But the cost of admission is a lawyer. Small claims court works and works well.

The straightest path between 2 points is a straight line.

and the straightest path between us and a completely clean credit report is a lawsuit FILED.

I love Lizardking's idea of finding pressure points... and a lawsuit is a definite pressure point. We have evidence that the CRAs do ACT on lawsuits. And the real purpose is ACTION. getting them to actually MAKE POSITIVE CHANGES to our reports. That's the only goal.

I like some of your ideas and at the same time, I think I'd take them a bit more if your reports were completely clean Thanks for the response! You always make me think

 

All the advice on this board is great.

Wouldn't it be better for us to dispute and haggle with the creditor/CA directly and use the CRA's has a back plan.

We spin our wheels only to have the stupid incorrect thing comeback beacuse of creditors normal monthly tape update which is pure computer talk no human intervention at all between them and the CRA.

 

Marie:

I'm kinda like the shoemaker whose shoes are always in a terrible shape because he is so busy fixing other people's shoes that he has no time to fix his own.

I just picked up a Lowe's card.
I've got so many now that I have to use a business card wallet to keep them all in and it was only about a year ago that I couldn't get anybody to loan me a sheet of toilet paper. With the credit mess I had back then, if I had used my excellent credit and a dollar I might have been able to get me cup of coffee.

I've just hired a lady that I've known for a long time who is not only expert in networks and computer repair but is also pretty sharp in office work and procedures too. She is working on customer files now and will head up the office crew when we get bigger which we are doing rapidly.

Somewhere in there, she will get to the remaining few problems that I still have but have not had the time to get cleaned up.

Rome was not built in a day.

LOL

 

Of course!!! If you have an outstanding debt and you're just dealing with the CRAs you'd be nuts!

We've listed lots of ways to deal with the creditors and collection agencies.

But, if once you're done, you're left with a sloppy credit report then you've still got to deal with the CRAs or else you just "live" with the consequences of your derogs. and I agree with Lizardking, 7 years is an unacceptable sentence!

So when you get all your delinquent debts taken care of... then you work on your reports and that's what we've been talking about. The best ways to finish getting your reports spotless

 

Sue them all!!! hehe

No really, I would sue the agency that you get your reports directly from. If it is the affiliate, sue them. If it is the Bureau, sue them. Or if it is both, Sue both!

 

You sue where you preside. you can serve their registered agent in your state or their corp office.

The preferred method is to just serve the registered agent in your state. You can look it up online or call the Secretary of State to find out who/ where to serve it. (all in AZ) not Texas.

Any company started in one state but operating in another state has to have a registered agent for this very reason.

 

I don't know about anybody else, but when I get done with the creditors or the collection agencies, they are only interested in just one thing and one thing only and that is to do whatever it takes to get me off their backs and in order to do that they have to remove any and all adverse reports from all the credit bureau files and prove to me that they did it by providing me with a copy of the credit reports. I give them 10 days to get the job done. No if's ands or buts about it.

That way I don't have to worry about it. But I do anyway. Once I get the letter from them stating that no such debt exists then I send that to the credit bureaus and it does help speed the process a bit.

After that, they usually hope and pray they never have to deal with me again.

But alas, their prayers are not likely to be answered.

Sooner or later, I or someone using my methods will be getting back to them and then they can start singing that old country and western tune:

OH IT'S CRYIN TIME AGAIN!

 

zcraws33, I live in Az. also. What you need to do is call the Arizona Corporation Commission. Tell them you want the name and address for the statutory agent. It takes about 2 minutes and you'll have your info.

 

zcraws33, I would also like to recommend that you see whether or not the CRA has violated any state statutes in addition to the federal FCRA violations. I say this because if there are any state statutes that they have violated, it just gives you more fodder for your lawsuit. My state (California) has a statutory scheme governing credit reporting agencies, and that scheme incorporates many of the basic concepts that the federal FCRA does. So, check out the Arizona statutes - they are online somewhere, I am sure - and search for "consumer reporting agencies" or "credit reports". That should get you going in the right direction.

Good luck in your endeavors! And be sure to let us know how it all turns out.