Can any of the Credit Expertts here (Lizard, Marie CHarlie, co-experts) please tell me what section of the FCRA compels Experian to consider my unanswered validation attempts as evidence with the Collection agency. I need to quote the section and then I will file suit against them here in Orange COunty california. Thanks A million to all you kind hearted people that sharre your wisdom...it is invaluable
I am not sure you CAN prove unanswered validation attempts to the CRA's satisfaction...but you can prove it to the satisfaction of a judge. Send Estopple letter and sue the CA for violations of the FDCPA and FCRA. They will settle with you promptly or you will make some cash if it actually goes to court, just remember to serve them properly. You could also file suit against the CRA for obviously verifying an account which you can not get validation on. But getting the CRA to "HEAR" you or your evidence and act on it would be less likely. -Peace, Dave
Easy 15 U.S.C. § 1681i(a)(4) it breaks down like this: § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (a) Reinvestigations of disputed information. (4) Consideration of consumer information. In conducting any reinvestigation under paragraph (1) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph (1)(A) with respect to such disputed information. You want to include your info with the original dispute, because if start a dispute then send them supporting docs in a second letter (during the dispute) it gives the cra 15 more days (45 total)
Still I would think it would be tough (if not impossible) to prove to the CRA that the CA ignored the 3 validation attempts...unless the CRRR and the original letter were returned unopened and you can convince them they were totally ignored, like marked REFUSED, or sent to an invalid address or something. ...I mean what do you? send the CRA 3 green CRRR receipts and say you did not get an answer from the CA, I swear? so please update my reports. If a tree falls in the forest and there is no one there to see it...how do you know it really fell? (Woody from Cheers). Now don't get me wrong, proving this to a judge would be easier...but the CRA? hmmmmmmm. -Peace, Dave
well, you could type a Demand letter to them... copy all the info, fax and then mail it to their main counsel and consumer dept... and see what happens. I wouldn't expect much. this will take a lawsuit I would first start with the ca and sue them for continued collection efforts without validation.. and then I'd hit the cra with a lawsuit after winning the ca lawsuit... 1k min each lawsuit I agree the average checker won't consider this evidence, a manager at the cra might... but then again, a more heinous issue is something like the cra not considering a credit card statement or letter from a creditor as proof of a credit line... and they ignore those all the time.
Yea I agree, if he demanded procedures and then sued the CRA on the evidence they sent him for verification. I just did not want Edward to think it would be easy or even possible to go the route he was taking. I also see now that you are suggesting going for BOTH CRA and CA...I always knew you were a crafty one Marie Edward, you have enough evidence to begin filing against the CA for violations of the FDCPA in their failure to respond to your 3 validation requests and continued collection activity by verifying each dispute with the CRA. As Marie says, send the procedural requests to the CRA now also, and if you wish, after you win the CA battle, go after the CRA for reporting the listing after repeated dispute attempts. -Peace, Dave
Re: CRA-LizardKing Sr/Ms Could you publish the documents you used to sue the CRA's. I would like to successfuly sue them also but am unsure as to how to word the documents. Thank you. Mike
