Sent this out CMRR Debt may or may not be mine. I know for sure it is reporting incorrectly Consumer who wants answers. Ford Motor Credit PO BoX 542000 Omaha, NE 68154 To whom it may concern; I am writing in regard to the below referenced erroneous accounts listed on my credit reports. If you provide financing through Nissan, then it is possible I have an account with you for my 2008 Nissan located in Germany. If you did not finance my 2008 Nissan, please delete the erroneous information that is listed on my report. I have not lived in Omaha Nebraska where these accounts are reported to be & my Nissan cost about $15,000 less than what these wrong accounts are reporting. This is not a refusal to pay, but a notice that this account is disputed and corrections are requested, if corrections are not to be made, please delete this erroneous information from my credit files. Please provide copies of the legal notices and proof of the commercially reasonable manner of the sale and resale of the subject vehicle. Please send me a copy of a contract that I and this Mr. Tanner supposedly signed when this Nissan was purchased. If no such proof is provided within 14 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA. Sincerely, Nissan Owner I then copy pasted the NTL's from 3CRA's in relation to FMCC Date 28 days later I recieved this. Dear Nissan Owner: Should you wish to dispute the accuracy of information reported or in the event you believe this account was opened without your knowledge. Please provide us with all necessarry documentation. Then they ask for copy of my credit report. basis of dispute specific info being disputed etc. The y want copies of my credit report (just page with FMCC) I want to validate this debt as mine, based on the info they are reporting. Why would I give them all of my identifying information. The letter was a request for them to validate the debt. What is my next step with Ford?
Under the FCRA, there is no requirement to provide documentation to validate a debt. The FDCPA only applies to a debt collector. So, if you believe the debt may not be yours, send a dispute to any CRA that it is reporting to. To survive a 'not mine' dispute... They only need to provide 2 of: name, address, SSN, DOB. They most likely will survive that. You would then need to increase the forcefulness demanding a conclusive verification under Johnson v. MBNA, to the specific dispute that the debt is not yours because you never lived there. Every time they verify with a less than conclusive verification, they and the CRA is violating the FCRA, and it's an ACTIONABLE violation. Actionable means that it is something that you would have a reason to sue them for, if you need to. The more times you can demand verification, the better, because you gain more leverage as the amount of damages increase exponentially.
Under the FCRA's dispute provisions, a dispute through the OC is not only non-actionable, but they can ask you to disprove the debt, as opposed to them validating the debt.
If it was me... I would write them a letter that says something to the effect of under the provisions of 15 U.S.C. § 1681s-2(a)(8), your company was required to conclusively verify my dispute which I made directly with your company. You are not allowed to frivolously demand that I conclusively verify that you are reporting information incorrectly. I have no idea how or why your company started to report onto my credit report, that is why I demanded that in accordance with the Fair Credit Reporting Act that your company verify that your company is, in fact, reporting correctly. NOW, violating 15 U.S.C. § 1681s-2(a) is NOT ACTIONABLE, which means that you can not sue them for violating it. Which is why I told you in my original answer to DISPUTE it with the three CRAs, using a specific dispute (even "I'VE NEVER FINANCED A FORD, I HAVE ONLY DRIVEN A NISSAN") Note I'VE NEVER FINANCED A FORD I HAVE ONLY DRIVEN A NISSAN is saying NOT MINE, without saying NOT MINE. They would need to have in their possession conclusive documentation that you financed a FORD, and not a NISSAN to survive a court challenge that they investigated your dispute conclusively. When the dispute is through the CRAs, then it is an ACTIONABLE suit, and if they would verify incomplete, inaccurate, or unverifiable information to the three CRAs, they'd be owing you up to $1,000.00 per tradeline, per dispute.
Thank You Jam. I faxed and emailed today. Need CRA fax #'s. How do I word Dispute differently? I know they do not have to validate.
CRAs fax #s are in a sticky. You want to word the dispute so it matches your circumstances, I gave an example in the last post that may work, but you want to tweak it.
