Where do I go from here??

Re: Where do I go from here?

Do you have proof of the 1st time you filed a dispute with them? I print out the dispute information and it should show on there the dates the investigation was started. If so, send them that proof and demand they remove the disputed stuff immediately.

 

Re: Where do I go from here?

Yep. Send them a letter demanding they remove it per the FCRA, specifically:

§ 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.

AND


A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation.

Make sure you send a copy of the printout showing the date you disputed. Demand everything be removed today, or you will proceed as necessary to preserve your legal rights as afforded by law, in particular the FCRA.

 

Re: Where do I go from here?

Have you ever read the FDCPA and the FCRA? Also, I suggest you go to the Faq's thread, 2nd from the top of the list, and read that.

In your letter did you cite the rules that I posted here and did you send a copy of the printout showing your dispute date?

 

Re: Where do I go from here?

First, take a deep cleansing breath . . .

You will be more relaxed if you just assume that you are going to have to go around and around and around with them. Assume that you are dealing with little children who have absolutely no clue as to the law that governs them, and that aren't too bright to begin with.

If they delete an item and then reinsert it, you just dispute it again, this time based on that they didn't notify you within five days as the law requires them to do (from my reading here, it appears that they hardly ever do that). Read up on the FCRA -- there is a whole section that deals with deleted items reappearing.

In this particular case, you need to notify them that they have already had their 30 days, and if they don't immediately delete the disputed items, you will file suit. If they give you any guff, go down to your local small claims court and actually file a suit. It seems that sometimes the only way to get their attention is with a summons. I don't have any personal experience with this (yet), but from what I have read here, they are more likely to come around with offers to settle if you actually go so far as to file a suit.

 

Re: Where do I go from here?

Welcome to the Board, and congratulations on your success. I may be wrong (I'm a newbie, too), but I think that the 30-day dispute period running out without the CRA having done diddlysquat about your disputes is a Good thing. I seem to have the opposite problem - they verify almost everything I submit for dispute, and fast.

Experts, what if Madras sends another letter to the CRA, including (again?) with the letter the proof that the disputes have already run the 30 days, sent CRRR, but without threatening a lawsuit? Doesn't the fact that a letter is sent CRRR give the CRA enough of a clue that you're laying down a paper trail for a possible lawsuit, without creating an antagonistic atmosphere right off the bat?

And if this is a dumb idea, can you send a letter with a small claims summons, demanding deletion, or do you let the CRA make the first settlement overture?

One last thing, LKH asked Madras if he/she had read the FDCPA. Did I miss something? Is there information in the FDCPA about CRA's and requirements for handling consumer disputes? For some reason, I thought the CRA's actions were governed by just the FCRA (and possibly any applicable state statutes)

I remember Madras ...isn't that the fabric we used to wear with our Weejuns?

 

Re: Where do I go from here?

CRA's are governed by the FCRA. I think it is a good idea for anybody that is undertaking the task of cleaning up their reports to know and understand both the FCRA and FDCPA. You never know when you may need the info.

 

Re: Where do I go from here?

Fabulous advice,

In my favorite book "The Road Less Traveled", by Dr. M. Scott Peck, (one of the most astonishing spiritual gifts ever written, in the history of literature, BTW) the first paragraph;

"Life is difficult. Once we truly understand that fact, once we truly comprehend it, and accept that life is difficult, life loses much of it's difficulty".