Discussion in 'Credit Talk' started by LKH, Aug 17, 2001.

  1. LKH

    LKH Well-Known Member

    I don't know if you remember this but, I had a charge off that was deleted from experian in April. In May it was reinserted. I asked by phone twice, how was this reinserted and was told both times on the monthly tape update. That is a violation of the FCRA which states to reinsert the info must be certified. Today I called again and spoke to the supervisor at Credit Data Southwest, my local affiliate. She checked the files, the archives etc. and could find no info or certification from the creditor. I know I should have done this in writing but I wouldn't have gotten this info, and by mail they would have just sent me the name, address and phone number of the creditor.

    What do you think? Do I have enough to go on?
  2. Marie

    Marie Well-Known Member

    You certainly have enough to make a big stink. More than enough for small claims court. (I did more research... EVERY case in 2 counties in state court at all levels were settled. EVERY one).

    It's an effective way to get attention and proper corrections.

    The case (and I can't think of it) US District appeals case lost on this because it was ruled that the CRA isn't liable if they delete but a mag tape reinserts.

    But, you're not going for US District money :) so if you mean... do you have enough to push it in small claims... absolutely.

    Certification is required for reinsertion... and they were supposed to notify you before reinsertion (I believe).

    Do you remember that lady's name or extension??

    Gather your stuff together and you can go against them for violating that part of the FCRA.

    IF this is your only derog (I can't remember) then you could likely use this and talk with a supervisor and get it permanently suppressed. If you have other derogs.. I'd file in small claims and use it as a hammer to try and get all derogs removed.

    Additionally, add in Willful noncompliance, negligent noncompliance, defamation, I added a violation or 2 of my state's Fair Business Practices Act...

    If you decide to really file, I can talk with you offline and email you some templates. I was given sample complaints regarding some of this and it's helped me build my case.
  3. Marie

    Marie Well-Known Member

    When this is all over, I've promised to get myself a life :) October maybe...
  4. Marie

    Marie Well-Known Member

    If you don't have the lady's name you spoke with ... you can call back and act blonde (I do it all the time).

    "Yes mam, I spoke with a VERY nice lady on xxx about this xxx. She was helping me and since she's already so familiar with me and my file.. can you tell me who I spoke with and her extension so I can talk with her again...

    Yes mam, I know you can help me too.. but I would hate to waste your time going over this over again with you when the other wonderful lady already knows the details of this..."

    Try to get her name etc. they may keep notes on the files now. If not... get this lady to look it up... get her name and extension (important to get as much info as you can about these people when you talk with them over the phone).

    I always use the "you know, you've been so nice and it's hard to find someone so professional... what's your name and extension...? I'm going to call you if I ever have another issue. You're wonderful!"

    works every time. and I truly think I get better results with honey than vinegar :) At least over the phone. My letters sting.
  5. LKH

    LKH Well-Known Member

    I could the "you've been helpful line" except that the first rep I spoke with today hung up on me because she didn't like my line of questioning. I then called back and spoke to the supervisor. I'll send you an email.
  6. MikeB

    MikeB Banned

    I believe they must notify you within 5 days of reinsertion as well.
  7. LKH

    LKH Well-Known Member

    They did notify me that it had been reinserted. I don't know if it was in 5 days or not, but that is not really the issue here.
  8. Marie

    Marie Well-Known Member

    Well... lie and say she was helpful. The point is to get a name and extension for reference :)

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