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major Experian hassle - pls help

Date: Tue, 06/16/2009 - 03:23

Submitted by anonymous
on Tue, 06/16/2009 - 03:23

Posts: 202330 Credits: [Donate]

Total Replies: 8


one collection on my EX file - 138$
I tried contacting the collection agency 3-4 times by CMRR to validate the debt
no response - 6 months of trying
45 days ago sent a letter to EX asking them to verify the info or delete. i asked them to thoroughly prove that the debt is mine...
I used the format for the letter from this forum.
Today I got a letter from them stating only that the debt was updated and that is mine and that it stays on my file. no other information.
I don't know what else I can do. CA does not respond.EX keeps "updating" with no real information given to me.
Please help me deal with EX
thank you, I appreciate any advice.


i field an online complaint with FTC. any other things you guys think I should do? i am sick of spending money on CMRR trying to communicate with EX and the CA in issue. I would want to give EX one more chance but not sure what to tell them to make them act seriously.thx


lrhall41

Submitted by on Wed, 06/17/2009 - 15:49

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It seems like Ex is known for doing this they did this to mine also. They just keep updating! Contact your local Better Business Bureau. Also if this doesn't work you could file a civil suite against that creditor for providing incorrect information on you credit report. Ask EX for the contact number and who they are verifying this debt with! EX has to have a person and phone number to who is verifying this debt. Keep copies of everything that you send to them.


lrhall41

Submitted by on Sat, 06/20/2009 - 11:05

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As NASCAR said, all that TRW (Experian) does when you dispute through them, is to send what's called an ACDV to the CA. The ACDV is an electronic dispute notification. The CA then logs onto E-OSCAR, receives the dispute, and replies whether the account is accurate or if it needs to be modified. If the CA chooses "accurate" then Experian leaves it as is on your credit report. ..... Legally, the ACDV is all Experian is required to do under the law; they are not required to obtain actual proof of the debt. As long as the CA sends back the ACDV as "accurate", Experian technically is not breaking any laws.

However .... The FACTA (2003 amendments to the FCRA) prescribes a method for consumers to dispute accounts directly with a data furnisher (instead of disputing through the bureaus). Upon receipt of the dispute, the DF has 30 days to respond or else it should be removed from your credit file.

Send Experian copies of the letters you sent to the CA, along with the signature cards for return receipt, showing that the CA received your disputes and never responded.

Send off one more letter to the CA, quoting the laws below, and threaten to sue them if the leave it on your credit report without responding.



[quote=15 U.S.C. ?? 1681s-2]8. Ability of Consumer to Dispute Information Directly with Furnisher
(A) In general. The Federal banking agencies, the National
Credit Union Administration, and the Commission shall jointly prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.
(B) Considerations. In prescribing regulations under subparagraph (A), the agencies shall weigh--
(i) the benefits to consumers with the costs on furnishers and the credit reporting system;
(ii) the impact on the overall accuracy and integrity of consumer reports of any such requirements;
(iii) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute; and
(iv) the potential impact on the credit reporting process if credit repair organizations, as defined in section 403(3) [15 U.S.C. ??1679a(3)], including entities that would be a credit repair organization, but for section 403(3)(B)(i), are able to circumvent the prohibition in subparagraph (G).
(C) Applicability. Subparagraphs (D) through (G) shall apply in any circumstance identified under the regulations promulgated under subparagraph (A).
(D) Submitting a notice of dispute- A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that--
(i) identifies the specific information that is being disputed;
(ii) explains the basis for the dispute; and
(iii) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.
(E) Duty of person after receiving notice of dispute. After receiving a notice of dispute from a consumer pursuant to subparagraph (D), the person that provided the information in dispute to a consumer reporting agency shall--
(i) conduct an investigation with respect to the disputed information;
(ii) review all relevant information provided by the consumer with the notice;
(iii) complete such person's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611(a)(1) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and
(iv) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.[/quote]


lrhall41

Submitted by DebtCruncher on Sat, 06/20/2009 - 11:24

( Posts: 2293 | Credits: )