Okay, here goes - Before I found this wonderful board, I started my attempt at cleaning up my credit report. Some dumb a** told me to start by requesting validation/disputing with the OC. I did just that. I heard nothing from most of them, nor has it ever said on my credit report that these debts are being disputed. (most were reported by CA's but I disputed with the OC's). Is the OC liable for not reporting the debt as "disputed"? After not hearing from the OC's, I went on to the CA's. I have not heard from most of them either and it's been more than 30 days. My credit report still does not list any debts as being "disputed". Is anyone liable there? I had one CA with 5 accounts. They half a**ed verified 3, and said they were going to tell the CRA to delete the other 2. They are all still on my report, none listed as disputed, and it's been over 50 days. Is anyone liable there? I have finally begun going to the CRA's, but haven't heard anything (and time's not up yet). If the OC and/or the CA's are not following the law, I would LOVE to sue them as I'm tired of being ignored. Do I need to send anymore letters or just go for it? Thank you to all who help us newbies. I hope someday I can get my reports cleaned up and help someone else in return.
Am I just unlucky or doing it wrong jezy ============== Doing it wrong. You need to read up and study the following : ------------------------------ http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826 THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' """"```--~~~~~~~~~--```'""'''
looks like to me jezy u got them on at least 5 violations of the FDCPA Section 807 (8) you disputed a debt and the CA fails to report it as disputed to the CRA's. and Section 809 (b) they CA has not validated your debt yet continue to report to the credit bureaus (ie verify the debt, and keep it on your report) so from what I see right now you have them on statutory damages of at least 10,000 5 x 2 x1,000 = 10,000
Thank you, however, I'm a bit "dense" on what to do now. Do I send a ITS letter and if so, to whom? I am under the impression that I can not sue a CA until I have attempted to validate with the CRA - or can I still sue for failing to list debt as "disputed"?
First I would send another validation letter #2 and also dispute it with the CRA's make sure you have copies of your credit reports from now so you can use that as evidence that the CA did not report it to the CRA's as in dispute..........give them 15days this time to respond stating that they have not responded to your first letter....then 16 days from now when they don't respond shoot off the ITS letter giving them another 15 days......then go file on the CA in small claims court.....send all letters CMRRR so u have your documents to prove that the CA did violate the FDCPA.
I don't see why you have to dispute it with the CRA's before you can sue......the CRA's fall under the FCRA......CA fall under both the FCRA and the FDCPA. but you can sue them on FDCPA violations too which is where most of there violations come from anyway.....also check out this web site and look over in the right hand corner click the info and look under using small claims court to correct your credit and profit from it. look under the all credit articles. WWW. carreonandassociates.com
Re: Re: Am I just unlucky or doing it wrong That's a great point LSmith. Before one has an FCRA case against a DF for inaccurate reporting, one must FIRST dispute with the CRA, which in turn is required to notify the DF, who must investigate. The original idea, I would imagine, was to make sure that both the CRA AND the DF are aware that a problem exists, so they could work together to resolve, since they are both, as you point out, required to comply with the FCRA. This is designed to make sure everyone is "in the loop". It doesn't work that way of course. lol This ought NOT be confused with an FDCPA case however, in that regard you're exactly right. That has nothing to do with the CRA. I'll see if I can dig up the Amicus Brief from the FTC in the Nelson V. Chase case. Explains it far better than I ever could.
Re: Re: Am I just unlucky or doing Butch Thank you so much for clarifying which parts of the FCRA apply to what entities! This kind of post helps those of us that are new. When us new folks try to read thru the posts it gets very confusing . I've search high and low to try and find someone who has reduced the actual FCRA to plain english but to no avail.
Re: Re: Am I just unlucky or doing I just went back to the sticky on the unofficial FAQ, I just found that the link to FAQ is actually imbedded in the first post! I didn't understand where the information actually was. I just read it for the first time! It is really well done.
Re: Re: Re: Am I just unlucky or doing I just read it for the first time! juliedeale **************** Ah! now you're progressing!
