Weird Request from Equifax

[Frdtrtnfx4]

I have been fighting with Equifax since September 2010 about a credit card account that should be deleted. I have two letters directly from the credit card company stating this account is to be deleted, yet Equifax is claiming this account is accurate. SO, I talked to a lawyer and said send the letters certified mail, if they still dont erase them, we can take action. So i send the letters certified mail, and i get a request from Equifax to provide additional personal identification because they cannot locate my credit file. My lawyer said most of the time Equifax will just ignore items to be deleted unless you threaten them with a lawsuit, which we did. Could Equifax finally be taking this threat seriously?

[30daylate]

A threat to sue them will definitely get their attention. I am not sure how much you are paying your lawyer but their is a credit repair law firm that is pretty good at taking care of these things that charge a monthly fee instead of hourly and they are good. They got a negative item off from Chase Bank for me from all 3 credit bureaus. I got a hold of them by calling the AAA paralegals.

You really don't need to send it certified mail though. From people that do it themselves I haven't heard about sending it certified. Those costs can really add up. Equifax is requesting more information which means they are taking you seriously; one thing you need to realize is that most of the dispute process is automated so you don't have anyone in particular that you are working with. I would send them the requested info and wait to hear back. I think they have 30 days to respond from when you send the additional information.

[Frdtrtnfx4]

My lawyer said the best way to go is certified mail, that way you keep a paper trail and Equifax can never say they didn't get anything. Unfortunately, he said a lot of times they will just ignore this kind of stuff. I don't even know why i have to go thru an ordeal like this, the creditor is telling them to delete it, yet they keep telling me its accurately being shown on my credit file.

[Lian]

Your scenario makes no sense to me.
If the OC reports a deletion to the CRA, then the CRA must delete.
The CRA is not the determiner of what a creditor can and cannot delete. They don't investigate instructions to delete.

[Frdtrtnfx4]

How doesnt my scenario make sense? Plain and simple.... The OC is instructing the CRA to delete the account, yet the CRA is telling me they have received no such instructions from the OC. I have letters from the OC that stat they have contacted the CRA to have this account deleted.

[bradh]

I agree with Frdtrtnfx4, certified mail is the best route. in cases such as these a proven paper trail is a powerful tool. even better, pair the certified mail with a notarized cease-and-desist letter from your attorney. that should get their attention!

[Lian]

Sorry, what I meant is what makes no sense to me is any grounds for the CRA to refuse to accept the reporting of a deletion by the creditor. I didn't mean that your scenario made no sense.The CRA makes no sense. This seems to be an open and shut case......

[Frdtrtnfx4]

Oh its ok... When I talked to Equifax over the phone I asked them why this isnt being deleted and they said they were not instructed to.. I told them that I had been told by the OC that they were indeed instructed. I told them about the letters, they told me to fax them, I did it and they came back saying it was accurate. So..... thats where I am now, I sent the ITS letter to them with the letters certified mail, already got me return receit, so they cant say they didnt get anything from me. I called the OC and told them that Equifax was saying they were not instructed to delete this account. The lady said she sent 2 requests, I asked her for a confirmation # and she said they do not get confirmation #'s, all they get is a confirmation the request went throught.

[Lian]

At ths point, I would cease playing a "he said, she said game" over the phone, and start the legal process that requires written response, and CRA deletion.

I would send a direct dispute to the OC, asserting the inaccurate inclusion of information in your CR. They must, within 30-days, conclude their investigation, and report the results back to you, in writing, within 5-days thereafter.

If their investigation concludes, as you have apparently established, that the reporting is inaccurate, then the OC has the direct obligation under FCRA 623(a)(8)(E)(iv), to promptly notify the CRA to delete. That puts the OC on the defensive for a possible FCRA violation if the CRA then asserts no request for deletion was received from the OC. Put some heat on the OC to assure deletion!

[Frdtrtnfx4]

Well the response I got from Equifax is somewhat confusing. I believe they asked me for proper identification so they can send me my credit report. I got a letter today from them, not saying anything about my investigation, they gave me a copy of my credit report as per my request? I requested a corrected report after the results of my investigation were done. NOW WHAT? Its almost like they are completely ignoring my request for investigation about the credit card account on my report. This credit card account was still showing up on this report they mailed me. How long do they have to respond to my request for investigation?