How to deal with EXP's WAS PREVIOUSLY INVESTIGATED

[dixiedrifter]

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.

[NanaSi]

Hey, Dixie..why don't you put this in the database? It's a good resource!

[breana902]

Hey, Dixie..why don't you put this in the database?  It's a good resource!

 

Yes it is!! I bookmarked it for later use - or maybe tonight!

 

I wonder. I haven't written to experian and received a letter back stating they won't reinvestigate, so I don't have that as proof. However, I did try to do it online and got a message that it was previously verified and it won't let me go any further. I wonder if I can use this letter if I print up that response as proof?

[SilentBob]

Looks like a good letter.

 

Maybe instead of

"I will NOT accept another reinvestigation of the account ONLY deletion."

 

maybe:

 

"This is NOT a request for another investigation, ONLY deletion of the account.

 

That way there can be no question of your demand. Not what you won't accept but what you want.

[cjsmom]

Yipee Skippee, I LIKE it!! I'm keeping it handy too. Have my dispute letter going out this week.

 

Thanks!!!! :wink:

 

Cjsmom

[rdew123]

I think everyone has problems with transunion and Experian saying that the item has already been verified.

 

:roll:

[swood89083]

Dixie,

This thread is talking mainly about Experian refusing to investigate. My question is what do you do with Trans Union on this issue because at least in the letters they send me it does say my disputes are frivoulous which is obviously in accurate because they haven't investigated these new disputes at all.

 

Thanks

[breana902]

Delayed thanks Dixie. Got my "previously verified" letter from experian today. This letter will come in handy.

[dixiedrifter]

Be sure and save it for the end game. Once you get the previously verified responce on all the TL's you want gone, then you can knock them out in one swoop.

[breana902]

Be sure and save it for the end game. Once you get the previously verified responce on all the TL's you want gone, then you can knock them out in one swoop.

 

Oh, didn't think of that. Thanks for the warning! I will wait alittle bit!

[Craig]

Be sure and save it for the end game. Once you get the previously verified responce on all the TL's you want gone, then you can knock them out in one swoop.

 

Excellent advice, dixie, and great letter. Thanks.

 

I have a couple of more accounts from EX that probably will come back "previously investigated", just as my Diversified Adjustments collection account came back today - very quickly.

 

Good thread.

[SilentBob]

How many people has this worked for?

 

I just got one letter back and am sure I will get another one back also.

[crofttk]

..."This is NOT a request for another investigation, ONLY deletion of the account...

 

I hear you Traveler, but "I will not accept" has so much punch AND this IS an INTENT TO SUE letter. I think that part is important. I hate to be wordy but how about:

"This is not a request for, nor will I accept, another investigation, ONLY deletion of the account."

 

I hate to ADD words but I think it covers BOTH bases.

 

Iny any even, Dixie, my complements, I have several items in dispute for both myself and DW which MAY get a response which would merit your letter and I will give serious thought to trying this one out !

Thanks !

[KMK]

Do you think I could send a modified version of this letter for my situation?

 

Thanks

[DISPUTER]

Has this worked for anyone?

[moneyelf2]

Wow Dixie!

 

Definiltely going into my help files binder. What a load when they claim frivolous or previously verified blah, blah, blah as an excuse to break the law. Thanks

[breana902]

Be sure and save it for the end game. Once you get the previously verified responce on all the TL's you want gone, then you can knock them out in one swoop.

 

Just looked over all my "previously investigated" letters and all my negative TLs on experian. The end game is here! Actually has been here since the end of August - but I finally have alittle bit of time to take care of this now. My letter goes out tonight.

[tleser]

will this work for TU too? I got a "this dispute is frivolous since we've already verified" on a second dispute I did on one of my wife's student loans. Has this worked for anyone yet? I just read this whole thread now and I don't think it was verified in here if this has yet worked. Crossing fingers.

[breana902]

will this work for TU too? I got a "this dispute is frivolous since we've already verified" on a second dispute I did on one of my wife's student loans. Has this worked for anyone yet? I just read this whole thread now and I don't think it was verified in here if this has yet worked. Crossing fingers.

 

No, read the thread again. The basic premise here with experian is that they didn't call the disputes frivolous.

[tleser]

right, I understand that. However, just because TU calls the second dispute "frivilous" doesn't mean it's true, and doesn't mean they DONT have to reinvestiage according to the FCRA right? Seems like it would apply just the same. Am I wrong?

[breana902]

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.

 

Above states that they shall reinvestigate UNLESS it is determined to be frivolous. So that statement means they don't have to reinvestigate if they call it frivolous. So, according to the FCRA TU does not have to reinvestigate once they deem it frivolous.

[tleser]

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.

 

Ooops, I stand corrected. I guess that one word TU uses does make a diffference but is that one word something they can just arbitrarily use at will to get around redisputing? Basically are we screwed by getting this letter? Thanks for the responses.

[pryan67]

Actually, it states "REASONABLY" determined to be frivolous...IS it reasonable to determine that a dispute is frivolous, just because it's allegedly been investigated before?

[DISPUTER]

I will ask yet again, HAS THIS WORKED FOR ANYONE???

[the F&I car guy]

<bump> has it worked???