I disputed w/EQ about an OSI collection. OSI did not respond in the 30, as EQ states. On Aug. 14 it was deleted, I look today an it is back with a consumer disputes (BS). I told the rep you cannot reinsert something that was deleted without 5 day notice and certification . The CSR says we did not reinsert they re-reported?!!! (HUH!!!) anyway the CSR tells me all we can do is dispute it again. I know this is not right. Can somebody please let me know something. I swear that this is not right, they cannot do this. LKH, DOC, GEORGE,CMA, NANA anyone Tell me something. I am boiling HOT!!!!
I believe that is what the rep told you. They told me the same thing. Regardless, it is their duty to NOT reinsert it, right? If that is truly the case, there should be some documentation (i.e. certification) from the OC that it should be re-reported. I wouldn't accept that answer. When they told me that, HFC flatly denied having reported the account again.
LisaMC, Any idea what I should do? I do have a violation don't I? I have the report with it on there, the report with it deleted and the report with it re-inserted. I also have the results from the investigation where EQ researched and state: THIS ITEM HAS BEEN DELETED FROM THE CREDIT FILE. So if this item were re-reported or re-inserted and you did not inform me 5 days prior or provide certification, are you (CRA) not in violation!
Yep. It is a violation. The fact that it was re-reported or reinserted is really semantics. Call it what you like. The fact is it was deleted and now it is back. Period. That was my take on it. I sent EQ a letter and screamed. Within 5 days it was gone again. I have actually had good luck forcing them to comply. I was actually hoping that they wouldn't delete that entry for the second time. I really need a violation that will delete all of my negatives in lieu of a lawsuit. I don't think I am going to get rid of them any other way!
Paragraph of FCRA that states CRA must take measures not to reinsert previously deleted data. (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)). Paragraph that states CRA must notify you of said reinsertion. 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. Paragrpah that states CRA must certify information before reinserted. (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 If this was not followed you get to have some 'fun' convincing the CRA of this....Or you can spend your time convincing a judge of this, whichever you perfer.
Kbanger, Seems like if it is a re-report (I agree with huh?) then it shouldn't have the same information on it before it was deleted. The FCRA doesn't use verbiage like 're-reported'. The CRA wasn't supposed to allow re-insertion of something that was deleted because the CA couldn't get their act together or whatever. Also, as you pointed out, what about the 5 day requirement? If the TL matches the previous TL exactly, then it isn't new. So it is obviously a re-insertion of which I would dispute (quite litigiously I might add) with the CRA. Just my thoughts...
Someone mention certification before they can re-insert. Guess what they did, they reinserted with this Comsumer disputes. That is not certification in my book, if the consumer disputes it then you are also saying we do not know if this is theirs. Are we at 3 violations? If we are what do I do, send EQ a letter? If so which kind and say what specifically. I would also like to use this as ammo to get some other stuff rid off. thanks so much to everyone, let keep this one lively also
I would start with the letter listing all the violations and include the penalties for each violation. I don't think, though, it will go very far with other TL disputes, depending of course, on the circumstances...
Is there some reason why you aren't dealing directly with OSI about this listing. Have you validated with them?
They should cave, I've had personal experience with them. Send a letter to their Compliance Manager. Trust me...
I just look at the tradeline and it has never had a date open on it. There is no record for when it was opened. Only dola. If anyone knows exactly how I should word these letters to OSI and EQ, I would greatly appreciate it. I really want EQ to cough up some cash and get rid of this. They make us go through all this BS, we gonna make them feel it too. It hurts when you are denied credit. It hurts when you pay extra in interest, so they might as well help me pay the interest. Maybe it will get them to do their job right.
ttowns, thank in advance. I will start drafting my letter hopefully by tomorrow and post for comments and suggestions.
How long ago did you deal with them? In January of this year, I dealt with Sam Shannon, as have others here, who said he was the compliance manager. His phone # is 678-417-5049. Fax - 678-417-5074. These #'s are in Atlanta where OSI/Gulf State is based. The toll free # is 800-624-0284. His assistant is named Vanessa Thompson and her direct # is 678-417-8226.
Very recently. Within the past 3 weeks. My correspondence with him was out of the Tukwila, Washington office.
I also posted this letter on another thread, if anyone has any comments on it please let me know. I hope to get it out tomorrow. This is the letter I intend on sending on the re-insertion and the student loans that do not have the date in which they were opened. I did not tell tell what was inaccurate. why should I? they should know how to do their job, I should not have to tell them right? Equifax Credit Info. Services P.O. Box 740241 Atlanta, GA 30374-0241 August 20, 2002 K Banger To Whom it May Concern, It has come to my attention, through recent and past credit reports, that you have allowed information to be reinserted into my credit file that has been previously deleted. Pursuant to the FCRA, I'd like to be provided with copies of the certification required for reinsertion for the following account. OSI Portfolio Serv XXXXXXXX* I will allow you 15 days to furnish this information, however if you do not provide the information requested, you must delete and "cloak" the accounts as required by the FCRA. It has also come to my attention that you are currently reporting inaccurate information concerning the following accounts: Genesis Financial First-XXXXXX Iowa College Aid C XXXXX* Iowa College Aid C XXXXX* Iowa College Aid C XXXXX* Please verify these accounts as being accurate or delete them immediately. Thank you, K Banger
