Disputed some items with TU, they responded with quoting the 7 year running period to me, verification documents not available, general policy for disputes (standard reply, no specifics), and accused me of using CRO. Their 30 days are up today and I'm almost positive that they didn't investigate. However, their response does NOT say my dispute was frivolous. I am unsure (well unconfident really) of how to proceed I have modified the sample letter and wanted some advice, approval, support, and hand-holding from the experts on this board before I mail it. Any suggested changes, or just support would be appreciated!!!!!! This letter is formal notice that you have failed to investigate in a timely manner to my dispute letter deposited by registered mail with the U.S. Postal Service on December 1, 2003. Your organization signed for this correspondence (USPS Certified Mail Receipt Number : XXXX XXXX XXXX XXXX) on December 5, 2003. Federal law requires you to investigate within thirty (30) days, which expired on January 4, 2004. Be aware that I am making a final goodwill attempt to have you clear up this matter. You have 15 days to cure. For your benefit, and as a gesture of my goodwill, I will restate my dispute. The following items need to be corrected immediately: My former addresses should be listed as follows: *** M****** Street Apt. *, *******, ** ***** *** W******* St. , ******, ** ***** **** L******* ***** Cir, *******, ** ***** Furthermore, the following information needs to be verified and, following failure to verify, deleted from the report as soon as possible: § MedClr, Account ********; MedClr, Account ********; Receivables Management Bureau, Account ******** I included a Certificate of Group Health Plan Coverage from TennCare in my previous dispute which documented coverage with TennCare from 12/07/00 to 12/13/02. Furthermore, seeking payment on these accounts is a violation of TennCare Medicaid Rule 1200-13-13-.08. § Revenue Recovery Accounts: 1*********, 1*********, 19*******, and 19******* These accounts were previously reported to another credit reporting agency, with a date of last activity. All the dates of last activity had occurred in various months in 1996. Sub sequentially, these accounts have since been deleted from other credit reporting agency based on the date of last activity, which makes these accounts antedate the report by 7 years. Based on these facts, either your organization or the furnisher of this information is reporting inaccurate information. Please delete immediately. All the items mentioned above are entirely inaccurate and incomplete, and represent a very serious error in your reporting. Please delete this misleading information and supply a corrected credit profile to all creditors who have received a copy within the last six months, or the last two years for employment purposes. Additionally, please provide the name, company address, and a valid telephone number of each credit grantor or other subscriber. Under federal law you had thirty (30) days to complete your re-investigation, yet you have failed to do so. Do not delay any further. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within fifteen (15) days of the completion of your re-investigation. P.S. Nana - all the CA's are licensed in TN, except MedClr.
i'm thinking the problems with TennCare and the Recovery accounts need to be taken up with the CA's. The Cra's only report the information provided to them by the CA's. While the law states the informaiton reported by the CRA's must be accurate - how are they to know what is or is not accurate? And it seems like there are variables to each CA - for instance, how would the CRA know if the debts reported for the medical are covered by TennCare or not? or if the debt was sold to Recovery? I know under my states medical assistance, most debts are covered 100%, except - for instance - contact lenses are NOT covered. Have you done validation w/the CRA's?
I mailed this before I found CreditNet and I'm afraid I have messed up somehow. This letter is being sent pursuant to the Federal Fair Credit Reporting Act to investigate and correct or delete the following inaccurate information contained on my credit file maintained by your organization, which I received on Nov. 14, 2003. I have enclosed a copy of said credit file with the items in question highlighted. Please be advised that this request is NOT a request for "verification" or proof of my mailing address, but a request to investigate the following inaccurate items shown on my credit file. I am hereby requesting that the following items be corrected: The former addresses, (deleted) and (deleted) are NOT my most previous addresses. My former addresses are as follows: -(deleted) - 10/02-present - (deleted) - 2/02 - 10/02 - (deleted) - 5/00-2/02 Please note, I have not resided in the state of ** since 8/95, when I moved to TN. If a collection agency does an inquiry, using the address information from an account that is several years old, it does not make the address information used by said collection agency accurate or current. Please correct this inaccurate information on my credit file immediately. I am also requesting that the following inaccurate items be deleted for reasons stated below: - MedClr Act. No. (deleted) - MedClr Act No. (deleted) - MedClr Act. No. (deleted) - Rec. Man. Bur. Act No. (deleted) I am not responsible for these accounts based on the following reasons: - I was on TennCare ar the time of these visits as documented on the enclosed copy of Certificate of Eligibility from TennCare. - My TennCare Provider was responsible for this bill. - The Service Provider *Name Deleted* has violated my rights under TennCare Medicaid Rule 1200-13-13-.08 Sec 5: "Providers may not seek payment from a TennCare enrollee under the follwoing conditions: (b) The claim(s) submitted to TennCare or the enrolee's managed care contractor for payment was/were denied due to provider billing error or a TennCare Claim processing error. (e) The provider failed to submit or resubmit claims for payment within the time period required by the managed care contractor or TennCare" -I have filed an appeal with TennCare concerning payment of these claims. Additionally, I am also requesting that the following outdated items be deleted: - Revenue - Act No. (deleted) - Revenue - Act. no. (deleted) - Revenue - Act No. (deleted) - Revenue - Act. No. (deleted) This deletion is requested pursuant to the Consumer credit Reporting Reform Act of 1996, 15 usc 1681c "Running of Reporting Period. (4) in general. The 7-year period referred to in paragraphs 94) and (4) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action., (2) Effective date. Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after the date of enactment of the consumer Reporting Reform Act of 1996." This was enacted July 1, 1996. As documented on my credit file maintained by your organization, all four of the items listed above, were "placed" prior to that date. Therefore the items should be deleted because the 180 day waiting period does not apply. Based on those grounds, these items antedate the report by more than 7 years. If after your investigation, you find the items to be inaccurate, I request that you immediately delete the items pursuant to the FCRA. *quoted 605a here* Furthermore, upon completion of investigation, I request that you provide me with a written notice of the results pursuant to above mentioned U.S. Title Sec. 611 (6). ***If your investigation shows the information to be accurea, I respectully request that you prove me with proof of the accuracy of the items in question. Specifically any contract, note, or other instrument bearing my sinature that includes the items in question. Additionally, please forward to me a full description of the procedure used to determine the accuracy and completeness of said items Furthermore, I am also requesting, in writing, that if any of the items in question are deleted, that you supply a corrected credit file to me and all creditor swho have requested and received a copy of said file within the previous 6 months. *** This was a screw up on my part, was doing a validation letter to one of the CA's at the same time. I faxed Certificate of Eligibility to MedClr/Gold Key Credit and they did delete one of the accounts from EQ and TU. Also, I sent a validation letter to RMB -they received and signed for it on 12-3-03 TU signed for this Dispute letter on 12-5-03. RMB has yet to reply or list any of these accounts as "In Dispute" to any of the 3 CRA's. However, when I sent Certificate of Eligibility to EQ in my dispute with them, one rmb account was deleted. Thanks, Shorty
I did send validation letter to RMB (signed for on 12-3) and to date no response, nor are accounts listed as "disputed" on any of the big 3 (but they've not been updated since 2001 either.) My problem with this situation is that if TU had investigated, since RMB had not validated yet, RMB shouldn't have verified. At least RMB would have had to inform TU that this account was in dispute. Either way, something to the effect of "in dispute" or "verified" should show on my account. I did send dispute letter to EQ, as well, and enclosed Certificate of Eligibility and they deleted the RMB account. At the time this bills were incurred I was covered by a carrier who TennCare terminated from state medicaid program for non-payment of claims and is now bk. Shorty
================= NO NO NO don't have it changed you want it deleted clear off your reports.. The only address you should have listed is your current one. ..
CRA's don't have to validate. Validation is a provision of the FDCPA, specific to 3rd party collectors. The CRA's have an obligation to go beyond parroting the information furnished to them by the creditors. It isn't reasonable once something has been disputed and they know or have reason to know of the dispute between the consumer and the information furnisher. Sassy
I would not send them all this because number one it's not your responsibility to tell them what all is wrong as It's their obligation to correct their reporting. AS you said above Federal law requires them to investigate within thirty (30) days, which expired on January 4, 2004. I would simply send them a note telling them their 30 are past and delete the TLs period. If you go spouting off every thing you say above to them you just might be cementing the TLs to your reports or at the very least be giving them ammo to use against you. ~~~~~~~~~~~~~~~~~~~~
U did Never send anything like this to anybody like a CA OC or CRA You aren't required to prive your innocent they must prove your guilt. Letters like yours that attempt to prove ones innocence have a tendency to have the opposite effect and confirm your guilt or at least give them information to use against you. 3 Rules about dealing with CAs OCs and CRAs 1*Never admit guilt 2*Never try to prove you are innocent 3*Always demand proof. ..
Thanks all for the replies. I figured I had messed up. I'll mail a simple letter telling them that their 30 days are up and as required by law, delete all the innaccurate info. By the way, since finding this board I've hopefully not screwed up. Shorty
Re: Re: TU didn't investigate...Help me!! Now you need to send RMB the estoppel letter. 15 Days after they get it send an ITS if they still haven't validated. You need to read and study this about validation http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=42188 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=37975 ..
Re: Re: TU didn't investigate...Help me!! By the way, since finding this board I've hopefully not screwed up. Shorty =================== Short Stuff Red these. It might help you avoid screw ups. *****NEW MEMBER MUST READS***** 12-25-3 What is Validation http://consumers.creditnet.com/stra....php?s=&threadid=42188&highlight= validation *** Victims of Credit Reporting *** http://members.aol.com/victcrdrpt/Score.html Rule of 72 http://consumers.creditnet.com/stra...=&threadid=39313&highlight=rule+AND+of+AND+72 Must SEE--------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826 """""""""""""""""""""""""""""""""" FixYourOwnCredit! http://consumers.creditnet.com/stra...848&highlight=fix+AND+your+AND+own+AND+credit """"""""""""""""""""""""""""""""""""""""""" '''''''''' `````````` '''''''''' Sample letters http://consumers.creditnet.com/straighttalk/board/index.php?s=WhyChats statute of limitations http://community-2.webtv.net/Y-chat...ity-2.webtv.net/Y-chat/WhyChatsCredit/statute of limitations http://www.edebtnetwork.com/content/collection_laws.asp""""```--~~~~~~~~~--```'""''' THE END ** *** ** LB 59""""```--~~~~~~~~~--```'""''' ..
Re: Re: TU didn't investigate...Help me!! Thank you lbrown. I will send RMB the estoppel letter as suggested. Thanks for putting all those links up. I've read them before, but it was after I mailed my screw-ups. :-( *Wish I had found this board before I mailed them.* I will re-read them though, as I'm sure it can't hurt to make sure I know what I'm doing. Shorty
Re: Re: TU didn't investigate...Help me!! Hi Shorty, Often, whenever someone makes a mistake, and the realizes it, they make another mistake. They think they should START ALL OVER AGAIN. Just take it from where you left off. .
Re: Re: Re: TU didn't investigate...Help me!! Good question. Lengthy story...lol I had a CA call me in 9/02, over a $3800 debt for a repo that occured in like 95. I didn't know much of the law, but I knew that ALL things had a SOL. I asked him when the item was repo'd because I believed the SOl had run out on this debt. He told me to "Go to He11". I knew this wasn't right and I spent 3 days searching the internet and found the FDCPA, and a variation of this letter. Being ignorant, I filled in things that were appropriate to my situation. *That time it worked, they turned it back over to the OC, OC settled for $1500, tl was deleted, and they take monthly payments of $25. -The only reason I settled is because my soon-to-be x had agreed to be responsible for this item in our sep. agreement, but defaulted and filed bk. My div. attorney advised me to settle, then sue x for the $1500 I'm paying back.* To the present, pulled EQ 11-03, found these errors, mistakenly believed this letter would work again, and mailed the thing like one or two days before I found this board.
Re: Re: TU didn't investigate...Help me!! OOPS! TYPO - Sorry! i meant CA's. and the OP answered the question.
Re: Re: TU didn't investigate...Help me!! Butch and lbrown, (and all who replied to this post-sorry I couldn't remember everyone's name): Thanks for your advice, I pulled my PG late last night and again today, and ALL of the RMB accts are no longer showing on TU. Also, all my former addresses are all correct. *hanging head sheepishly* Since I screwed up and I'm stuck with them for the rest of my live, maybe the fact that I only opened ONE TL during that entire time, and it's positive - 18 months NO late pays- will help ease the pain of that mistake.. Maybe TU investigated, but waited til last minute-as several posts here have said they might - and mailed my "updated" CR today. Nonetheless, if these accounts are gone, that's minus 4 from TU....*doing happy dance* THANK YOU CREDITNET!!!!!!!!!!! Since I've already screwed up once, please advise me as to what to do next... the RMB accounts are still showing on EQ and EX from PG (not listed as in dispute either).... 1. If TU contacted RMB and RMB didn't verify which led to the deletion, would that would be 4 violations (one per account) for NOT reporting results of that investigation to the other 2 CRA's? (Or just one?) 2. Since RMB still hasn't validated, nor have they reported to the other CRA's that these accts are in dispute, isn't that 4 more violations? (Or just the 2nd violation?) 3. I've not disputed with EX yet, should I now that RMB is under validation, and before or at the same time that I send RMB Estoppel? Thank you again, Shorty
Re: Re: TU didn't investigate...Help me!! Well ... that's good news Shorty. Just take your time. Thought that letter was a bit on the ... ahem ... wild side. lol But being new explains it. So now just pick up where ya left off and study. Right now, since things are happening as we speak, I'd suggest letting things settle a little before doing anything else. Use that time to read and ask questions. Congrats .
