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iAMbritaz

Dispute Response Questions

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Well! The CRA'a are at it again with the excuses. 

 - I sent EQ a dispute on 12/9/19, that was signed for on 12/11/19. I just received a response, dated for 1/14/2020.

EQ claims that the 30 day time frame doesn't start until they begin to process my dispute, they claim to have started processing my dispute on 12/22/19. 

ARE THEY CORRECT? - Because I'm wondering why it took them 11 days to begin to process my dispute. 

 

 - I sent EX a dispute on the same date, they signed for it on 12/12/19. I disputed 8 items in the letter. I received a response on 1/17/20, dated on 1/13/20. 

The letter itself was 4 pages. In the response, EX only addressed 2 out of the 8 accounts in question. I called EX and they claim that I only disputed 2 items in my letter,

which makes no sense BECAUSE - the two accounts they sent me a response to were on page #2 (mid-bottom page) and the accounts they decided to ignore are on the bottom of page 1 and the top of page 2.

WHAT DO I DO?

 

So I came to my favorite place for a little bit of clarification on the amount of time the CRA's have to respond to a dispute. 

Any advice?

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Update: Still no response in writing from Equifax! 

 

I forgot to mention that I filed complaints w/the CFPB and the AG Office for my state on both EQ and EX

 

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what was the nature of the CFPB complaint? was it before the FCRA-based disputes closed?

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19 hours ago, hegemony said:

what was the nature of the CFPB complaint? was it before the FCRA-based disputes closed?

The nature of the Equifax complaint was that they failed to respond within the allotted time. I still haven't received anything in the mail from them. I checked when I got home. 

 

The Experian complain was two-fold. That they failed to respond in the allotted time frame AND they omitted 6 accounts from my dispute. 

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from the FCRA

 

Quote

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (a) Reinvestigations of Disputed Information (1) Reinvestigation Required § 611 - 15 U.S.C. § 1681i 59 (A) In general. Subject to subsection (f), and except as provided in subsection (g) 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, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate 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 or reseller. (B) Extension of period to reinvestigate. Except as provided in subparagraph (c), the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation. (C) Limitations on extension of period to reinvestigate. Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified.

Forgive my formating.    The FTC link to the FCRA is located here.  https://www.ftc.gov/system/files/545a_fair-credit-reporting-act-0918.pdf

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1 hour ago, MarvBear said:

from the FCRA

 

Forgive my formating.    The FTC link to the FCRA is located here.  https://www.ftc.gov/system/files/545a_fair-credit-reporting-act-0918.pdf

Hey Marv!

 

These folks think I'm stupid. I'm actually on the phone with Equifax right now. I asked to speak to a US based agent. 

The US Agent - initially said they didn't receive anything from me, but said one of the accounts in dispute was verified. 

- Apparently Equifax received the dispute information from Experian and based their conclusions off of the investigation performed by another company. SO EQUIFAX IS DENYING THAT MY DISPUTE WAS RECEIVED IN IT'S ENTIRETY. The did receive something from the CFPB today regarding my complaint. And it seems that only a "specialist" has the power to make changes to the report. I was provided a fax number and name of the specialist that's working on my issue and was guaranteed that it would be resolved by Monday, PENDING I SEND IN ADDITIONAL DOCUMENTS. ***This seems like a trick bag to extend their investigation time frame. 

 

Thoughts?

 

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Equifax will not recieve information from Experian, except in the case of a fraud alert or similar.  They normally do not share information except in the most limited circumstances.  

 

Did you send your dispute CMRRR?

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Some on this forum have questioned the wisdom of my system for disputing. 

It was designed to bypass the automated programs of the CRAs and prevent the outsourcing of the data to CSRs outside the USA.

https://whychat.me/GUIDEBOOK.html

https://whychat.me/GUIDE HIPAA PROGRAM.html

https://whychat.me/SOL PROGRAM GUIDE.html

 

Using dispute letters that can not be scanned and "read" by the current CRA computer systems requires that they be read and processed by Stateside CSRs

https://whychat.me/hipaadisp.html

https://whychat.me/initdispltrsol.html

 

Sending your disputes via priority mail with tracking #s but WITHOUT the requirement for a signature requires that your dispute be handled as a CONSUMER dispute and subject to the FCRA rules. The CRAs are permitted to handle NON consumer disputes differently and not be subject to the FCRA rules. They segregate any and all mailed correspondence that must be signed for to CSRs who handle NON CONSUMER disputes. Your CMRR letters wind up in the same department as letters from lawyers and CROs.

 

 

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Appears you have proof they received since you have tracking information.   I would suggest following Why Chat's lead.

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Unless you are in litigation and are speaking to opposing counsel, you are gaining NOTHING by being on the phone with ANY of the four bureaus.  And in those instances, you are talking to the attorney, not a phone jockey. 

 

Whatever you do, avoid the generic cut-and-paste tripe.  BE SPECIFIC!  I liken the work to writs...you basically get one bite at the apple.  Screw it up and you have made your task infinitely more challenging, in some cases all but foreclosing any possibility of relief except and unless you can persuade a judge in a court of competent jurisdiction that you are entitled, as a matter of law, to the relief sought.  There is a reason appellate courts tend not to entertain successive writs and the bureaus tend not to entertain successive disputes of the same account for much the same reason...

 

 

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32 minutes ago, centex said:

Unless you are in litigation and are speaking to opposing counsel, you are gaining NOTHING by being on the phone with ANY of the four bureaus.  And in those instances, you are talking to the attorney, not a phone jockey. 

 

Whatever you do, avoid the generic cut-and-paste tripe.  BE SPECIFIC!  I liken the work to writs...you basically get one bite at the apple.  Screw it up and you have made your task infinitely more challenging, in some cases all but foreclosing any possibility of relief except and unless you can persuade a judge in a court of competent jurisdiction that you are entitled, as a matter of law, to the relief sought.  There is a reason appellate courts tend not to entertain successive writs and the bureaus tend not to entertain successive disputes of the same account for much the same reason...

 

 

Thanks. I never use templates. I always write in letter in my own words and it's always very colloquial. 

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