A good friend disputed a Ch. 7 with TU. The 30 days came and went, and no word from TU. So friend sends letter telling TU times up, delete. Guess what they did? They deleted it, then at the same time, turned around and reinserted it. So friend has one credit report showing deletion, then a notice (same date) showing reinsertion. But the bk is still not correct. I have read here many times that public records are never reinserted, so is this a first? Isn't what they've done (aside from being really lazy), willful something-or-other since they obviously did not verify the bk? Had they really tried to verify, they would have had to make significant corrections to the listing -- dates, amounts, etc. Since this is a new area, what's next? Suggestions?
If the bk is really real then there isn't a whole lot you can do but try again. otherwise you can sue.
Au contraire - if they reinserted without a written notice - you can diefinitely sue the pants off of them.
The bk is real, but they reinserted it just as it appeared prior to the dispute: incorrect amounts and dates. So essentially, they have reinserted a bk that they really did not verify, otherwise they would have corrected their entry, right? They did provide notice, dated the same day they deleted it. In fact, both reports (the one showing the bk deleted, and the one showing it reinserted) arrived in separate envelopes on the same day.
No. They must notify you within 5 days of it being reinserted. Ask them who certified it as being accurate per the FCRA.
littlemac, I'm nodding with Kristy and LKH. A new report showing the deletion with one date and another new report with a newer date showing the reinsertion, isn't notice. Here's the section, FCRA: § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (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)). Sassy
TU did the same thing to my boyfriend. He got 2 letters in the mail. One saying that it had been reinserted (no 5 day notice). The other showed that it had been deleted. It appears that they heard from the BK court AFTER the 30 day investigation period was complete. He is deciding how to handle it. He may sue because he took a big score dip with the deletion, and then the reinsertion of like 55 points!!! He has some paid judgments that need to come off, and may go the route of just redisputing this during CHOD. cariba
I almost forgot the best part of this sneaky deal: The day the 30-day dispute period expired, TU blocked my friends' on-line access to the credit report for one week. Kind of like they do when you answer one of the identity questions incorrectly, but instead of "your identity cannot be confirmed", or whatever it usually says, it gave NO reason, just that he had been blocked for one week until 11:59 pm central time. Doesn't this sound really wierd? Thank you one and all for your input so far, but I still don't know how to advise re: next step. The exact wording on the credit report showing the re-insertion says, INVESTIGATION RESULTS We have received additional information on an item previously deleted (yeah, like 5 minutes previously), in response to a dispute you submitted. Our findings are summarized as follows: Chap. 7 BK Results: Re-Inserted. This info was certified as complete and accurate by Fed. Court, XXXX Street, telephone # XXX-XXXX Cariba, do you happen to know if your boyfriend was also blocked from viewing his report on-line shortly after the 30-day dispute period ended?
I never tried to view it online (I am handling everything for him), so I really don't know if he was blocked. I am going to send out a dispute, via mail, to dispute his paid judgments. My own online dispute I submitted on 8/28 showed up on TU's system as being submitted on 9/5. Go figure!!! cariba
