Failure to Respond to Deletion/Correction Letters
As a consumer you should take the time to review your credit report on occasion. The reason you would want to do this is to check for credit reporting accuracy. Negative remarks from billing errors reported by mistake could result in bad credit. If a negative error appears on your credit report it is your burden to dispute it. In order to dispute an untrue report on your credit you must write letters to the creditor and the three credit bureaus.
The three credit bureaus are Experian (formerly TRW), Equifax and Trans Union. It is recommended that you send letters as opposed to making telephone calls because with a letter you have written dated proof of alerting all parties involved of your dispute. As a consumer you have rights as set forth by a federal law. This law is known as the Fair Credit Reporting Act and became effective in 1970. This Act was constituted to protect consumers from fraudulent or erroneous credit reporting. According to this law after you have sent a letter requesting negative information be deleted or corrected on your credit report, the agencies you addressed it to have 30 day to respond to your request. It is imperative you understand your credit rights. Distressingly enough, requesting a deletion or correction is a time-consuming process. The FRCA set forth time limits to assist the consumer in resolving issues as quickly as possible. A good credit rating is important and if your report has a bad rating due to an error it is understandable you ant it resolved as quickly as possible.
So what do you do if you do not get a response from some or any of the bureaus or creditors after 30 days? You are entitled to receive accurate and complete information and it has to be corrected without charge to you. The credit bureaus by law do not have the right to ignore your request for investigation of errors on your credit report. If you have not received a response it is suggested you write another letter.
The information you include in this letter is very important. Most importantly, do not forget to keep a copy or the original letter(s). It would be a very good idea to send it certified mail. Make a note to date your original letter of dispute and the follow up to no response for deletion or correction request. The letter should contain the date and you would be wise to insert an RE: at the top of the letter indicating something to this effect: Failure to respond to deletion correction letter. If you want to, you can capitalize all the words and make them bold. This will only help in your case, as the intent of your letter will be obvious. Address the letter "To whom it may concern," as you probably do not have the name of a direct contact at the credit bureau. In the body of the letter include the date of the original letter you sent to initiate investigation. Clearly point out to them that thirty (30) days has expired from that date and items have not been removed from your credit report nor have you received either acknowledgment of the letter or any contact whatsoever regarding the status of the investigation. Enclose a copy of the original letter with this letter. Other important factors to include in the body of this letter are the information that, as of (the date you are sending follow up letter), you have failed to respond to my request, and indicate in this part of the letter that a copy of the original letter is attached.
In the second paragraph of the body of the letter you state the law to them. May consumers are ignorant of their rights so you need to let the credit bureau know you are aware of them. In this part, you should include that the law stipulates that the bureau must investigate within 30 days of receiving the letter and must respond within five days of completing the investigation. Let them know that they have not followed the stipulations of the law. Let them know you feel you are being slighted and they are not following the rules set forth by the federal government. Your good credit standing is important so you need to be firm and insist you get treated fairly. You should also include that you are suffering or may suffer damage because you need to rely on accurate credit reporting and a complete and true statement of your credit record. Close by saying you demand investigation on the error begin and an update is done on your report as requested immediately. The last sentence of the letter should indicate that, if these actions are not taken, you will contact the Federal Trade Commission. If they do not respond to this letter, contacting the Federal Trade Commission is exactly what you should do. End the letter by writing "thank you" or "sincerely" and printing or typing your name, first and last, your address social security number work telephone, home telephone or any other phone number at which you can be contacted. Double-check this information to be sure that it is accurate and you will leave them no excuse for not being able to contact you.