Help with letter--45 Days

Discussion in 'Credit Talk' started by greeneyez, Aug 8, 2016.

  1. greeneyez

    greeneyez Well-Known Member

    So it has been 45 days, and I have received no correspondence from Equifax. Could you please help me fill in the details on this letter before I send it out today?? I would greatly appreciate it!!!

    In the heading, I will have my first and last name, ssn, date, collections agency name and acct number as listed. Here's the body so far:

    I sent you a letter via Certified Mail (tracking#70101870000026920872), that you received on June 17, 2016. After thirty days, you never responded. I sent you a second letter that you received via Certified Mail (tracking#70101870000026920775) that you received on July 21, 2016.

    It has now been 45 days, and I have received no correspondence from you. I have enclosed copies of the Certified Mail tracking information. I have enclosed both copies of my correspondence to you, as well as documents verifying my identity. I included a copy of the tradeline you have showing on my report that has to be deleted.

    Per (NEED TO KNOW LAW HERE), you are now in violation of (NEED THIS INFO HERE).

    You must delete this information from my credit file, as your negligence will be resulting in legal action."
  2. jam237

    jam237 Well-Known Member

    From my personal experience, just sending another letter, and another letter doesn't accomplish anything in getting the CRA to take action. More than likely, if you had ever disputed that tradeline in the past, they've deemed those two disputes as frivolous, guess what, sending another dispute on a dispute that they've determined to be frivolous, without providing a carrot or a stick, won't make this one be seen as less frivolous.

    The most they'll do, is begin another reinvestigation, the least they'll do is nothing, again.

    The information that you are looking for is in the FCRA. Read the FCRA forward and backwards until you understand it word for word, it makes you better in the end.

    One word of warning, do not say that their non-compliance is negligence. (The maximum civil damages for NEGLIGENT non-compliance is zip, zilch, nada. Just ACTUAL damages, and you need to have experts who can say down to a penny how much those damages are, and show how they calculated those damages, in an industry acceptable standard way.) Negligence sounds like a good word, it's not. And using it gives them a get out of damages free card, when you do have to sue them to get them to even look at the account; which is where you already are. 15 U.S. Code § 1681o

    You are at the stage that without showing you that you know the case law, and how to use it, they aren't going to do anything. And if you do know how to sue them, they know how to drag out the opening salvos for over a year, according to mainstream media reports.

    Search for some of my posts which will give you breadcrumbs to search for to know which case law your letter should cite, and read those cases to see the exact quotes which should be most effective in getting them to reinvestigate or hopefully delete the tradeline involved.
  3. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    FCRA 611 is the section you really want to read through multiple times and make sure you understand. People seem to have extra problems dealing with Equifax and getting responses to disputes, and frankly Jam is probably right in that they've deemed your dispute frivolous. You might try calling to see if a supervisor can even determine the status of their reinvestigation for you, or let you know if there even was one in the first place. Good luck!
  4. jam237

    jam237 Well-Known Member

    And being declared frivolous isn't fatal. :)

    It just means that you need to be prepared and write a letter that they know isn't a form letter. If Joshua's advice about talking to a supervisor doesn't work, then having a letter which quotes specific case law which points out their requirement to perform a reasonable investigation. :)

    And, even if they are treating them as frivolous, they are required to provide you with a notice of that.
  5. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    I disputed some inaccurate information with Equifax a few years back and heard absolutely nothing from them for months. When I called and asked for a supervisor, I quickly found out from her that the reinvestigation was complete and the incorrect info. would be deleted. I checked my credit reports a few days later and it was gone.

    She said they would send a confirmation letter in the mail, but I still never received a single response from Equifax regarding the dispute or their reinvestigation. Annoying for sure, but the outcome was good.

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