Looks like I've joined TU's "you're using a credit repair agency" club. I've trolled the boards a bit and seen that other people are having the same issue. My question is, should I wait the standard 30 days and then send the "Accused of using a credit repair agency" letter? Or should I fire off one of those immediately prior to the 30 day deadline? Any advice would be helpfull. Thanks!
Which letter did you get? The - we aren't investigating because you are using a credit repair agency; or If you are using one please fill in the blanks?
I got the "we aren't investigating because you ARE using a credit repair agency" (at least I'm 99% sure that's the one anyway...I don't have it in front of me). <--at work
If that is the one you got, then send out the sample letter now. If its the other one (fill in the blank), just ignore it, your investigation should continue.
Re: Re: What to do with TU? Thanks for the info jlynn. I'll have to double check when I get home, but I'm pretty sure I'll need to fire off that letter immediately. After I do, is there anything I should do in the mean time other than prepare to sue if needed?
Re: Re: Re: Re: What to do with TU? How should I follow up on this and how much time should I give them? Want to make sure I have all my ducks in a row and my battle plan set. Thanks jlynn.
Ok, if it is the "we aren't disputing letter", send them the response from the sample letters. On day 35 from the receipt of the original dispute, if you have not received results call and find out what they are. 35=30 days + 5 days mail time Depending on what they have done or not done, then we can go from there. I haven't used the sample letter, but if I were going to, I would probably add somewhere in there the date the disputes are scheduled to be completed, just to cover all bases. Others may disagree.
Thanks for the advice jlynn. I'll be sure to update on how this goes in the future. Anyone else have any luck with TU over this kind of thing?
Should I maybe forgo the "accused of using a credity repair organiziation" letter perhaps and just do an online dispute with TU? Just a quick thought....
I'm one of those that disagree. Don't send them anything till after the 35 days is up. If you sent them anything now, they could turn around and pull the "new information trick" and that would give them another 15 days to investigate... and verify. Order a new copy of your credit report after the 35 days so you can prove they did not investigate. Let'em think they got you beat. The reason being is if push comes to shove, a judge could order TU to delete based on their failure to comply with the FCRA. Depending the TL your disputing that could be the only way to get it removed.
Re: Re: What to do with TU? "THEY" say that if you send MORE stuff...they get more time... I DO LIKE THIS LETTER, THOUGH... http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=109310#post109310 Wait till 35 days and send this with a COPY of their letter...BUT DON'T ANSWER ANY OF THE QUESTIONS!!!
I can see this one going either way as well which is why I asked. I'll go with majority on this one and keep everyone updated on how it goes. I know I'm not alone with this particular problem. Thanks for all the advice everyone!
This exact issue was debated with the same split opinions at another board. My only food for thought on this would be if one opted to send the letter immediately, you could explicitly state they have no reasonable basis to believe this was from a credit repair agency, that you are NOT providing further relevant information, merely pointing out their mistake, and they are not entitled to 15 extra days, and you demand completion of the investigation or deletion within the original 30 day timeframe. Of course, I guess this argument carries more weight if the original dispute letter was CMRRR and signed by you so you can prove in court, if need be, that they had no basis for their accusation. Like I said, food for thought.
Re: Re: What to do with TU? Great ! Well, perhaps jlynn, dixidriftr, et al can say if my idea sparks any interest or if it's still just a toss-up ?? The letter as it stands seems pretty good. My idea is just to be more explicit about the fact that you're aware they may be trying the 15 day trick and you won't put up with it and you think it'll stand up in court.
WEll, you have a point as TU is notorious for "new information" extensions. Although I was in the minority, I still stick by my story to send now, and I would definitely add your statement. They have clearly stated they are not going to accept the disputes, so if you do nothing, wait, and then demand deletion, AND this were to go to lawsuit what is your argument? They accused me of using a Credit Repair Agency, and I'm not, and I did nothing about it? They have a wide berth to declare a dispute frivolous, and IMHO you need to refute it. Also, were all of the following steps taken? Specifically (ii)?: (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. IMHO you are responsible to mitigate damages whenever possible. TU is still going to under the gun by the time they receive your letter to get the disputes completed within the 30 days. So, if they don't, I think you have a stronger case, because you denied their accusations immediately.
