I have been disputing items on my CR and found that one of the items that was disputed back in April 2003 was added back on to my report in October 2003. How can they put it back on once it was removed?
They can re-insert it but they have to let you know within 5 days in writing that they did. Someone please correct me if I am wrong
if they haven't notified you by mail, send them a copy of their original deletion and give them shit for violating the FCRA
You're right. Here is why ... [color=0066FF]§ 611. (a)(5) Treatment of inaccurate or unverifiable information. (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.[/color]
Re: Re: Re-reporting deleted item Thanks for the info. I was not notified that this was being reinserted I found out when I pulled PG. Do they have to remove the item because of the violation? This is a legitimate unpaid collection.
Re: Re: Re: Re-reporting deleted item 1. Pursuant to § 611 (a)(5)(B)(ii) they can re-insert a TL only if they verify it with the DF. If they haven't verified it - that's $1,000. Check with the CA if CRA has verified it with them and if not, try to get it in writing. 2. If their system inserted it automatically, they are liable pursuant to § 611 (a)(5)(C), that's $1,000. 3. They haven't send you a notice in 5 days after the reinsertion pursuant to § 611 (a)(5)(B)(ii), that's another $1,000. 4. They haven't send you a complete notice in 5 days after the reinsertion pursuant to § 611 (a)(5)(B)(iii), that's another $1,000. So to answer your question: no, they don't have to remove the TL because of the violation(s). IMHO, your options are: - If they have verified it, send them ITS for violations 3 and 4. Tell them you'll settle for deletion. - If they have not verified it, send them ITS for violation 1. Tell them you'll settle for deletion. Then take them to the court and collect $2,000 for violations 3 and 4. - If their system inserted it automatically, send them ITS for violation 2. Tell them you'll settle for deletion. Then take them to the court and collect $2,000 for violations 3 and 4. - OR - Dispute it again as you did in Apr, 2003 and hope they will delete it again ... Butch ... ?
Re: Re: Re: Re-reporting deleted item Thanks for the info. I am researching items for a friend and she dispute some items last year and they were re-inserted without the CRA notifing her. She still has her documentation when the CRA deleted the information. I will tell her to shoot for angles 3 and 4 and to settle for deletion. The collection accounts are sleeping and she does not want to wake the beasts. But she has already disputed as not mine; results are due early next week. She can wait to see what happens and then send them the FCRA violation letters. Would this be wise??? *waving* Hi Butch.........
Re: Re: Re: Re-reporting deleted item Sure, Bandit ... whatever she's already disputed doesn't waste violations 3 & 4 ...
