Yesterday I contacted Experian regarding an investigation initiated online on 12 -3-01. They claimed it was initiated on 12-8-01, and that the company reporting the charge-off had 5 more days to verify. This phone call took place at 4:30pm my time, and I also took the liberty of recording the call. -Now, this morning, I log into my e-mail and find an email dated 1-3-01, timestamp 5:00pm my local time, that says my investigation results are complete. So I log on the website and find that the investigation status was updated to "remains" WTF is this? Did the company who reports the charge-off send a letter between 4:30pm and 5:00pm yesterday? Of course I know that isn't possible, so now I need to know what are my options. I saved the email with the timestamp showing when it was sent, and I'll have no problem pulling my phone records showing when I made the call to them, let alone the fact that I recorded our converation. Do I file in small claims? Do I send a procedure letter?
This looks very suspicious. On one hand you have a rep. telling you the creditor has another 5 days to verify and then poof they verify overnight? Also this also seems to be one of EX games of messing with the completion date of the investigation. If it were me, I would get my documentation together and file a suit. Another question comes to mind. Does the online system lag a day behind? In other words does their system update every night?
When I tried a dispute a while back I asked a rep at Ex what proof the merchant offered to validate their statement. She told me, cockily, that the merchant simply had to say, "It belongs on there." and the item would be completed as "remains" Not sure what action to take, but I know how you feel... GT
Well I have filed on them...but today they have changed the results due date AGAIN...3rd time in 3 days. I just keep printing it out so I have it to show the judge (if we get that far) how they operate. I want to see them explain this away. Every day check it and print it out if they are changing it.
Christi... I wish I had the proof you did. (Why didn't I print it out when I first disputed!!) I'll log on today and see what if anything has happened, however I doubt anything since it's the weekend. Good luck in court, that is, if you have to take it that far. Coco... it wasn't even overnight, it was less than 30 minutes later. Does anyone know if we're allowed to force the CRA's to send us copies of the "alleged" letters they receive claiming the account is ours? I asked for it once, and they said it was confidential. Nice. Information pertaining to ME, is so confidential that I can't even see it.
If they verify a disputed item, you are allowed to request the procedure used to verify, including the address, phone # and name. If they claim to have this letter, then they should be able to provide this info. If they can't provide a name of who verified, then you know they are full of it.
Read this post and decided I better save my hubby's online Experian dispute letter. My question is, I thought they had 30 days to verify. I disputed 2 things on his report last month. The date is 1/13 when the results are due (they put that on the top of the page). Well last week I decided to add another dispute and now they have all 3 disputes on the same page with the results due date the same 1/13. Is that good for me since the c/a will now only have 9 days to validate? Or does the CRB's make up the rules as they go along? I am hoping that since they verified the info this April (on the 3rd dispute) they aren't planning not to check into it, and go with the last verification.
LKH -so should I take what proof I do have, go to small claims, file against them, and if it goes as far as getting in front of a judge, play the tape, show phone records, show print out of "Results Due" date, and demand they present the letter this company allegedly sent them? Christi - when you say they changed the date three times now, are you referring to the "Results Due" date, because if you are, I've got that printed/saved.
LAT, cross your fingers that they use that date for all your disputing, however, after what they've done to me and Christi, I'd advise you to keep doing what you are i.e. printing everything from the website with dates initiated, dates results are due... etc.
First I would send them a request for procedure letter demanding to know who, when, how etc. verified this acct. The have 15 to respond to this reuqest. If you get no results, then it is time to file the suit. If you do file, after they are served, you can then get a subpoena issued, requesting a copy of that letter along with a signed notarized statement that it is an authentic copy of the original letter. Then you will know who verified the info, if indeed they actually did.
Mindcrime.. Mind, Yes every day they are adding one more day to the results due date. It is now showing due 2-3-02 when it started at 11-25-01 on 12-28-01. Then on 1-2-02 they changed it and again on 1-3-02 and then yesterday and no more disputes have been added. I will print it out now and see if they've changed it again, but now they've deleted the accounts...go figure. But they still took over 90+ days to do it and yes I was denied credit in that time span. I'm still pursuing the suit and going for the $$$ now.
Re: Mindcrime.. Christi - I just logged on to my report and went to the investigation status page, and they changed the "Results Due" date. It now says 01/07/2002. I've already saved the previous investigation status page (from 01-05-02) and it says under "Results Due" 12-19-01. does this mean I'm one step closer to getting them? i'm still going to send a procedure letter as recommended by LKH, and take it from there.
Re: Mindcrime.. I would file on them, as I did for changing the date to allow them 30+ days to verify. They can NOT do that. That's what I have them for and everytime they change it again I am printing it all out. When and if we go to court I have them hung. I don't think it will get that far though. They have actually deleted the accounts now but I'm still letting it go because they DID violate The FCRA. I'm suing for $5K but will settle for *permanent* deletion of the accounts and $1K+. If they want to come on to court, I'm ready for them. Besides I have documented every date and time and the person I spoke with when I called and the faxes I sent them showing the results were due 11-25-01.
Re: Mindcrime.. I think I just might fax them the proof I have ( like you did) and maybe that'll get me a deletion, just like you. I'm thinking maybe when they got your fax showing you had absolute proof that they violated the 30-day FCRA rule, they folded and deleted the accounts. Do you have a fax number for me? And did you fax it to someone specifically?
Actually, they do have up to 5 days after receiving your dispute to send it out, thus giving them 35 days. I meant to comment on that earlier.
Mindcrime, The fax # is 972-390-3850. I just checked and they have changed the results due date AGAIN, now to 2-4-02. They are soooo busted. I will NOT settle for less than $2500 and permanent deletions of the accounts in question. I have another dispute pending that is due 1-7-02 if they try this again I'll sue them again for that one. Everyday I am printing out the information so I can show they continue to change it on a daily basis.
thanks for all the info LKH. I'll keep you posted on how, if at all, they respond to the procedure letter.
I dont think there is much lag. Thursday, I initatied a dispute with Experian late in the day. Included in the dispute were 2 inquires due to drop off in 12/01. The next morning those were gone!!! In like 12 hours! They get that stuff right away!
