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How to deal with EXP's WAS PREVIOUSLY INVESTIGATED


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First of all , this thread is an ongoing updated thread.   It was FIRST POSTED IN 2003, LAST UDATED IN 2012. there have been multiple postings all through the 9 years this thread been here   so it

I said that I had not tried this but was thinking about it. There is not much more that I can offer.

While I am not against filing lawsuits against CRA's for violating the FCRA. I would caution against it until you have exhausted all your resources. From experience is you have some sort of documentation to support your claim or dispute and you send it to Experian (certified mail, of course) upon receipt they will update your file within 24-48 hours. It's worked for me on several occasions. If it doesn't work for you, then by all means SUE!

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  • 4 weeks later...
OK a lot of ppl out there complain about EXP not wanting to reinvestigate. Why complain, they are doing you a favor!

 

I've come up with a set-up and a letter to help deal with this.

 

The set up starts after you recieve a letter stating that the account you disputed "WAS PREVIOUSLY INVESTIGATED".

 

Wait till the 30 day investigational period is up then access your report on EXP's website using the # provided on the letter you recieved. Its accurate and updated daily.

 

Then send this letter to EXP AND their registered agent:

 

RE: NOTICE OF INTENT TO SUE EXPERIAN INFORMATION SOLUTIONS, INC.

 

To whom it may concern:

 

On xxx xx, xxxx I sent a dispute Certified Mail # xxxx xxxx xxxx xxxx xxxx to Experian wherein I disputed xxxxxxxxxxxxx Account #xxxx xxxx xxxx xxxx as “never late”

 

On xxx xx, xxxx Experian received my dispute as recorded on the return receipt.

 

On xxx xx, xxxx Experian sent correspondence stating the account in question “WAS PREVIOUSLY INVESTIGATED”.

 

On xxx xx, xxxx, I proceeded to access my consumer report via Experian’s website and make copies of the information pertaining to xxxxxxxxxx Account #xxxx xxxx xxxx xxxx.

 

15 U.S.C. § 1681i(a)(1)(a) requires that each time a consumer reporting agency receives a dispute, it shall reinvestigate free of charge, record the current status of the disputed information or delete the item from the file within 30 days, beginning on the date the dispute was received unless the account is determined to be frivolous or irrelevant. While the correspondence that was sent by Experian on xxx xx, xxxx indicates the account was previously investigated, it does NOT however state whether the dispute was determined to be frivolous or irrelevant.

 

It has been 3x days since Experian received my dispute and I have not received any other notices that my dispute was determined as being frivolous or irrelevant and yet the item still remains on my file with a last investigation date of x-xxxx. Based on the previous information, I am hereby demanding deletion of xxxxxxxxxx Account # xxxx xxxx xxxx xxxx from my Experian file pursuant to 15 U.S.C. § 1681i(a)(1)(a). I will NOT accept another reinvestigation of the account ONLY deletion.

 

Experian has 10 days from the tracked receipt of this letter to cure or else I will be forced to immediately proceed with litigation to recover damages caused by Experian’s willful and negligent noncompliance of the Fair Credit Reporting Act. If the account in question is removed from my files within the 10day timeframe as previously stated, I will consider the matter to be closed and no further action will be taken.

 

I look forward to an amicable solution to this matter.

 

Dixie, I was just wondering what if they immediately (after recieving this its letter) send you a letter saying that this is frivilous? seems like something these slimy CRA'S would do anyone ever had it happen??? Just curious!

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WOW!

I wasn't aware Experian was coming back with those letters. Now are they doing that on all the disputes that are made, or are they doing that after you write in with the initial dispute "not mine"

 

Would it add a bigger punch if I had my atty boyfriend send the follow up letter which you posted here?

 

Thanks

Godiva

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Well...my last dispute on the last three negative TL's on EXP got me the "previously investigated" letter.

 

I'm thinking about using this letter to get their attention but it would be impossible for me to sue.

 

I'm going to try another approach unless someone can tell me their experience in using this letter.

 

I'm going to redispute this information again using a different tack or more information. Hopefully, it will yield some results.

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Any luck yet?

 

Just got my "PI" letter for an account that was reinserted, even sent copy of CR showing deletion in 2000, never got a letter, disputed last month that it was previously deleted and it gets updated, disputed this month requesting deletion as required and get the "PI", hmm... hard to admit a fault when slapped in the face with it, eh :twisted:

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I have 5 tradelines that are showing incorrect information under the status and the first time that I tried they sent me the PI. I sent a nice letter CMRRR stating that they must investigate according to FCRA laws and that the TL's are not frivilous or irrelevant. If I get another PI then I am going to send an ITS specifically showing the evidence and that they must delete or face court. If I am lucky I will get all 5 deleted.

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I was thinking about this again tonight since experian will not do anymore disputes for me. Since they do not state that the dispute is frivolous, can't we also just send a letter saying that they failed to investigage and their time is up? I realize they probably wouldn't delete at that point either- but it is another violation. Refusal to investigate and failure to complete investigation within 30 days. Or would the second one count since they didn't actually do an investigation.

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I am discussing this with David Szwak currently. I am sure most of you know him. I am in the litigous mindset now that I have gotten this "Previously Investigated" crap twice. Maybe it's time for all of us to hit EXP with a MASSIVE number of lawsuits and set them STRAIGHT.

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I am thinking a lawsuit is going to be the only way to go with experian. They just refuse to do what they are mandated by law to do. They feel free to set their own laws and we are supposed to just put up with it. I am thinking of sending the you did not investigate, delete within 14 days letter. I am sure they won't delete and at that point I will have no other choice left. I will just have to make sure i have enough time to invest in a lawsuit with them right now.

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