TU Response: Re: Dispute Status Our records show that your creditor(s) previously verified as accurate the item(s) that are listed below. Therefore, under the Fair Credit Reporting Act, we consider this dispute frivolous and we will not reinvestigate the item(s) unless you can provide court papers or a recent, authentic letter from the creditor(s) that explains what information should be updated. This was for the NCO dispute I sent in to TU, I understand if I disputed this repeatedly but I only disputed this item once back in Jan, and did not dispute again till the first of May. NCO still hasn't responded to my Validation(knew that this was going to happen) just wanted to build a paper trail against them for verifying with TU, but as you can see TU is being alittle B@#$h excuse the french . Has anyone received this response from them befor and what would you suggest the next course of action? TIA Kinetix
Threaten to sue TU for violation of the FCRA. You can dispute it as many times as you want, especially if you know that it is inaccurate.
You can dispute it as many times as you want BUT they don't have to investigate if they feel it is frivolous. Now, if you provide them with some new additional evidence of your claim and they STILL claim it's frivolous, then you have a lawsuit.
I got this same exact letter two weeksends ago. and it was a dispute for NCO. I only diputed once before back in March. The only thing I have'nt done yet was send a validation letter to NCO, which I have all ready to go. So I will keep a careful eye on this as soon as I send the Validation letter to NCO. NCO and all there little other a/k/a's our monsters! anyone with NCO really have to go after them. I read a message on this board before that NCO is really, really bad at validation, so you may win this one when it has to be deleted due to their neglect. I hope I'm right with you in that ballpark. kathy
i just got the same letter from tu regarding a usa funds student loan that i am disputing. I will be sending them documentation and a copy of their letter and hoping that they mess up!
Thanx for the response, just got home from work. I wish I had documentation to provide TU with, but NCO isn't giving me anything to work with..zilch,nada,not even a hello when can we expect our funds. I don't want to call NCO becuz obviously those conversation are useless and hilarious,I'm sure that most of those who has spoken with them in the past know what I mean. I'm kinda lost on this one.
Kinetix, I would write to TU again and tell them that you are notifying them that there is a dispute between yourself and whomever is reporting this account and as such, they are not to rely on their initial source. Request that they go beyond their initial source in investigating this tradeline. You might want to try to research the following: In Richardson v. Fleet Bank of Massachusettts, et al, the court held that the company failed to follow reasonable procedures by relying on creditors for accurate credit information because the company had reason to know of the dispute between the consumer and the company. In Bryant v. TRW, the Defendant consumer reporting agency unsuccessfully argued that, under §607(b) (these are actually numbered differently in the U.S.C, but I think the FTC used a different format for clarity) of the FCRA, 15 U.S.C. §§1681 et seq., it was not liable as a matter of law, for reports it issued in good faith, and as a result of inaccurate information provided to it by Plaintiff'screditors. The court held that Defendant was not free from liability when the credit reports at issue was not accurate. Once inaccuracy was determined, defendant's agency procedures were determined to be not reasonable to ensure maximum possible accuracy, pursuant to §§607(b). In Cushman v. TransUnion, the court ruled that defendant was obligated under 15 U.S. C. §1681i(a) to verify the accuracy of its initial source of information, and to go beyond the original source when the source was likely unreliable. Hope this gives you a place to start! L
Ah thankyou whyspers, that really brings a whole new perspective to me on this. I will definetly look into this approach, you have some good points there. I was just confused on who togo after. Thanx again. Kinetix
