FCRA, and is consumer required to send OC what?!

Discussion in 'Credit Talk' started by mindcrime, Feb 25, 2013.

  1. mindcrime

    mindcrime Well-Known Member

    Granted it's been a number of years since I've read the FCRA front to back, however I do not seem to recall the following:

    Is a consumer required to send copies of their credit report to a creditor in order to 'prove' that the account is reporting one way, while the creditor claims they are reporting it another?

    This is after a dispute of course, 3 in fact, all coming back verified yet in OC's hand signed LTR it states that account was PIF at beginning of same month that credit report shows delinquent.
     
  2. jam237

    jam237 Well-Known Member

    I would say no. You are not REQUIRED to do anything.

    My personal answer would be, I will send your lawyers a copy of my credit reports while we are in discovery for my lawsuit against you for violating the FCRA.
     
  3. mindcrime

    mindcrime Well-Known Member

    Thank you! After being told twice that "the FCRA requires you to send us copies of your credit report if you want to prove we're reporting wrong", I was done. I even asked her to tell me what section, and all I got was "it's in there". Right.

    I may not be as forward as you jam :) ... but after several months now of getting no where, they've left a paper trail a mile wide of FCRA violations, and must really want to pay me instead of just doing the right thing.
     
  4. jam237

    jam237 Well-Known Member

    Are you saying that I am as subtle as a sledgehammer?

    Wait, were you listening to my phone call, yesterday? (whistles innocently)
     
  5. jam237

    jam237 Well-Known Member

    The thing to keep in mind, when the dispute is done directly with the DF, it's not actionable.

    Not sure if there is caselaw for when the DF contacts the consumer AFTER they verified it with the CRA. I would argue that I only did the dispute through the CRA, which is actionable.
     
  6. mindcrime

    mindcrime Well-Known Member

    Something like tha...I mean, ummm....Would I say that? ;)

    LOL, nope, but I'm sure I could take some pointers from you.
     
  7. mindcrime

    mindcrime Well-Known Member

    Sorry, should of been more specific. All disputes have been done through CRA. A modified DV LTR was sent to the DF during second dispute. DF then sent account history.

    After my last dispute, I contacted DF to ask why it is they sent me documentation acknowledging account was paid off in month x, while they continue to verify to CB that it was 30 days late that same month. (account had final payment due April 12th, payment made May 19th...I would expect April to be marked 30 days, NOT May)
     
  8. jam237

    jam237 Well-Known Member

    That's the one I thought it was.

    99% of the time, providing documentation to the CRA is unneccessary (they don't use it anyhow, per the FTC study) but when there is something that contradicts the reporting (their letter saying this isn't how we're reporting) you could send that, as long as it doesn't contain anything to hurt you.

    If you provide the CRA the letter, and it is still verified opposite of the account history, you now have them continuing to verify opposite of what they are saying the account history is.
     
  9. mindcrime

    mindcrime Well-Known Member

    Therein lies the issue. Account reports considerably less negatives on report vs. what documentation from DF provided. However, we're talking 6+ year issues at this point. I'm not thinking the additional older/much older lates would drive score down though. Watched another CA from timeframe disappear and score squeaked up minimally (low double-digits).

    I would now have the CRA or the DF? I feel as though I've got DF x3 at this point considering I know have their own evidence showing I wasn't late in May and 3 times they verified to CRA that I was.

    I wouldn't mind having the CRA....maybe a 611 (a)(5)(A) ? .... it would be inaccurate for them to find the account late in that month given the more than sufficient information provided by the consumer.
     

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