Ok, I've had it with Experian and I am now ready to do the legal tango. Have a few questions first. Is there a standard form I can acquire from the County Clerks Office to file with? I'm planning on listing serveral violations, but don't know the exact legal reference. Can someone assist we with this please. 1) Failure to re-investigate. Experian always reply with "Previous investigate, & remains" 2) Failure to provide information on how investigations are conducted or list procedures. 3) Failure to provide name, address & phone number of person/company erroneous information was verified with. I listing 3 violiations, can I sue for $1k per violation or is it $1k per lawsuit? Is there an format to filing? Is there possibly any other violation I haven't thought of? Your help is greatly appreciated.
Failure to investigate isn't necessarily a violation. If they have previously investigated the item in question, they are not required (despite what some folks claim here) to reinvestigate it unless you produce new, relevant evidence that substantiates your claim.
However, you can ask them for the verification process. This might give you new ammo to work with on them. I think there is a letter on this site that shows the format.
Please give evidence of this so that I do not make a fool of myself. I thought about arguing this with the CRAs. Thanks.
$wealth$ - if that is the basis of your case, I don't think you will get too far with it. If you have other violations, then maybe, but they will either claim they sent you the procedure info or it was an oversight and send it to you asap. What you have are very minor violations if at all. Love - It is 611. This is what it says: (3) Determination that dispute is frivolous or irrelevant. (A) In general. Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information. (B) Notice of determination. Upon making any determination in accordance with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency. (C) Contents of notice. A notice under subparagraph (B) shall include (i) the reasons for the determination under subparagraph (A); and (ii) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.
Thanks for the info LKH. What is it called when an account is charged off, but the credit bureau constantly reports the balance as a current past due. ie: charged off as of 1997, but reflected on report as of 02/2002 as 180 days past due. This would seem to be some sort of violation, misrepresentation of debt, possibly re-aging. Any thoughts?
Nope. It's not a violation. Although the account is charged off, as of todays date, you still owe them a balance. They can continue to report the balance until they sell or transfer the account at which time they must zero out the balance.
