This is unbelievable. I disputed my TransUnion credit report sending it CRRR on 12/22/03. I received the Return Receit back indicating they received it on 12/24/03. TODAY (01/05/04), I received a letter from them dated 12/31/03, stating that they believe they received my dispute from a third party operating as as a credit repair company. It goes on, "We have reasonably determined that the dispute submitted on your behalf is frivolous or irrelevant. For these reasons, we will not take action on the dispute." They said that I should use THEIR form that they included (rather than the letter I wrote) and send it to them. They will then have 30 days from the date they receive their completed form, to investigate it. This is just insane. I thought I was really late before, wishing I had sent it a month earlier around thanksgiving. Now, by the time they recieve the new one, I will probably be ONE more month later than I wanted. Not to mention the fact that it cost me nearly $5 to mail it CRRR and now soon to be $10 total. 1) Can they really do this to me when I'm not a credit repair company? 2) Is this just a stahl tactic or do they really think I'm a credit repair co? 3) Are they alowed to cost me another $5 for their bull crap? 4) Is it true what they said in the letter about the 30 day investigation starting as soon as they receive my 2nd request? Can I demand that they go by that original 12/24/03 dated CRRR? 5) If I send the 2nd request in, can I sue them after 01/24/04 goes by w/ no results yet? Thank you so much for any help with this!!
P.S. I didn't even use one of the form letters that you can find on these types of sites. I used my own letter that I wrote from scratch. Very simple, stating in a few lines that I found many errors in my report and then I went on to list them in a very organized manner stating my dispute for each one.
I disputed once before over a year ago. this was my second dispute...a year a part. and I didn't dispute anything that had been previoulsy verrified. I only disputed things that had never ever been disputed before.
Send them a reply letter (CRRR) telling them that their reason for failure to investigate your dispute was frivolous, since your original letter clearly spelled out the accounts they were reporting that were not yours, and that they have 30 days from their original receipt of your dispute to comply with FCRA. Add to your letter a CC: your state Attorney General, and send a complaint letter to your AG for failure to follow FCRA, along with copies of your 2 letters and their reply. Keep the ball moving forward, don't let them stall, and don't give them any reason to say it is in your court.
It is a blow off letter that I bet a lot of people fall for and saves them a lot of man hours. It is their opinion that you are using a service, but you are not and can prove it for a judge. So there opinion is just that. Sh!t can that form they sent you. Remind them you are not providing any additional information, and therefore the original 30 days is still valid. I think people should be happy when these letters show up. Sit on your response for a couple days, they will not have time to investigate within the 30 days, and will have to delete. Which is what we are after correct? If they don't delete each TL is $1000 for you if you go to court.
Re: Re: TU Refusing My Dispute!! I kind of agree with the both of you. After reading some interesting threads about this same thing with TU, I thought that I'd wait until the 35th day before sending them an ITS letter to delete b/c of the 30 day lapse. I thought it was a good thing that I got this letter too. ...... but then I found this thread http://consumers.creditnet.com/stra...?s=&threadid=54678&highlight=refusing+dispute and this one: (http://consumers.creditnet.com/stra...?s=&threadid=50657&highlight=refusing+dispute) stating: Trans Union refused me my credit report because I have an "open investigation." --- I originally got one of those famous "credit repair agency" letters because I sent in a dispute and they accused me of being a credit repair agency. 40 Days later, I sent them an ITS letter demanding deletion or charges. They opted to then start the investigation - which was not part of my demand. So... today I tried to get a credit report (to use against them in court) but they refused to send my report until their investigation is complete. Can they legally do this, and have they violated me?? Looks like they started the investigation at the time they got his ITS letter 40 days later. That's messed up. I don't see how they can do that. I know that if I send them any correspondence between right now and 35 days, they will start the investigation when they receive it, regardless if I say they have to abide by their initial receipt of my dispute.
Re: Re: TU Refusing My Dispute!! 1. I suppose you've signed the letter with your name, so by FCRA's definitions you are a "consumer". Furthermore: [color=0066FF]FCRA § 611. Procedure in case of disputed accuracy (a) (1)(A) In general. [/color]If the completeness or accuracy of any item of information contained in a consumer's file[color=0066FF] at a consumer reporting agency [/color]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[color=0066FF] in accordance with paragraph (5), [/color]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[color=0066FF].[/color] There is nothing in the FCRA which gives the CRA any right to refuse a dispute, even if you've hired a repair company, or an attorney. 2. If you decide to write them before the 30-day period expiration, keep in mind that according to Section 611(a)(1)(B) they will have 15, not 30 more days and this will be only if you provide additional information which is relevant to the reinvestigation. So you can write them, but instead of repeating your claims, attach a copy of the letter you already sent and refer to it, insisting that you expect an answer in the 30-day period already set by the attached letter. If I were you though, I wouldn't send them the second letter ...
Re: Re: TU Refusing My Dispute!! vghost, thanks for the info. i think i agree w/ you about not sending a second letter. i was thinking that i'll wait until 35 days have elapsed since they received my dispute, and then send a letter stating the 30 days have past so they must delete. i'll just ignore they ever even sent that bogus letter to me. if i don't hear back after that letter, should i then send an ITS letter? what exactly would you do if you were me? in what order?
Re: Re: TU Refusing My Dispute!! IMO, there is no point of telling them they haven't done their job, then wait again, then send them the ITS letter, so I would wait the 35 days, then would send them the ITS letter. I would use something like this one from the pbm's collection - Accused by CRA of using CROs ...
