I hade some late payments deleted from CR back in feb. and I find out that they were re-inserted recently. I called the CRA today and they told me they didn't have to notify me of the re-insertment because they didn't re-insert it. They said the CC company had to notify me. I had faxed them a letter stating they didn't notify me. They ended up re-disputing the item. What are my options? Where in the FRCA does it talk about re-insertment? What can I do about this? Thanks
I have it infront of me and I am reading it right now. I was hoping someone could shed a little more light on my situation.
the CRA is supposed to delete if the furnisher does not verify w/in 30. it can only go back into the report if the furnisher certifies their investigation results. If i remember correctly, "certification" brings with it a higher standard of proof then otherwise, the supplier has to put their john hancock on the line, etc.???
check out: section 611 (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)).
Thanks Jason, I just got off the phone with them and the deleted the lates. They wouldn't give me any reinsurances that the items will remain off my report. I have to call the Office of consumer affairs to get the investigation ended. We shall see what happens. Thanks
You called the CRA and they deleted the re-inserted lates just like that? Can you give us more info on how you were able to pursuade them to delete the lates that were re-inserted. Thanks!
If it is reinserted again, you write a letter getting firm: 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)).
Basically you just have to be sure you know what your talking about. You have to prove that they re-inserted the item. Make sure you have the dates of the deletion and the re-insertion. I have another fight coming with another CRA Monday about re-insertion. Just know the facts before you call. Have the FRCA open to the appropriate subsection
