I called EX to put a paid student loan that is showing one 30 day late in dispute and was told that the loan holder wont let them put it in dispute since it has been diputed many times befoe. Then I called TU to dispute a Cap One that went from IIB to 120 days past due and was told the same thing. Is this legal? What do I do?
Here's the FCRA for that: § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (a) Reinvestigations of disputed information. (1) Reinvestigation required. (A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer. (B) Extension of period to reinvestigate. Except as provided in subparagraph (C), the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation. (C) Limitations on extension of period to reinvestigate. Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified. (3) Determination that dispute is frivolous or irrelevant. (A) In general. Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information. (B) Notice of determination. Upon making any determination in accordance with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency. (C) Contents of notice. A notice under subparagraph (B) shall include (i) the reasons for the determination under subparagraph (A); and (ii) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.
This is pretty typical behaviour for the Evil EXP, two previous investigations on same account and you are locked out of the Kingdom. There really is no sure way to get around this, but here are some suggestions. Keep in mind that getting the CRA to reinvestigate is a lot of chance/luck after 2 previous investigations, sometimes they work and sometimes they don't: 1)Submit evidence to CRA demanding an investigation. (EXP will almost never consider your evidence....but you never know and this is a good step to develop a "paper trail." I submitted letters of deletion from a creditor and those weasles at EXP wouldn't investigate.) 2)Wait and send in a new dispute with a NEW REASON....some posters have have had luck waiting some time before they dispute again (I **have** never had any luck with the Evil EXP, once I hit two investigations, I have NEVER been allowed to dipsute same account.) 3) ITS the CRA when they refuse to investigate (I did this with EXP and they just laughed at me.) 4) SUE THEM......you really have no choice if they refuse to investigate.
What EXP is doing is illegal. They are not marking your dispute as frivolous per the FCRA. If it is not "frivolous" them by law they have to dispute it.
