CRA verification documents not available

Discussion in 'Credit Talk' started by McEngle, Apr 18, 2007.

  1. McEngle

    McEngle New Member

    I have two items left that I have been disputing for 8 months. I have sent many requests and have recieved no response, I disputed the collections to the CRA's explaining this and I recieved a letter from TU stating that the verification documents are not available. It is my understanding that the creditor has to furnish this information to the CRA's otherwise they have to remove them. Can anyone help me with the best way to get these removed?
     
  2. collectman

    collectman New Member

    Have you disputed with the OC or just the CRA. It sounds as though TU is unable to provide documents but maybe the OC can? The CRA has 30 days from the date they receive a dispute to verify or delete.
     
  3. BellaRuss

    BellaRuss New Member

    Send follow up letters to any CRA which refuses to investigate. Some people choose to call TU to dispute accounts. A simple letter asking them to reinvestigate the account because it is inaccurate, sent via US Mail. Use those words along with the account number.
     
  4. ontrack

    ontrack New Member

    When you dispute thru the CRAs, they just ask the DF whether what is being reported is accurate. The CAs don't send any "verification" documents to the CRA.

    That verification to the CRA does, however, make the CA responsible, under FCRA, for any error they are reporting, since they claim to have checked it for accuracy.

    What is inaccurate?
     
  5. McEngle

    McEngle New Member

    I have requested validation with the OC, disputed the collections with the CRA's. The collection is complately inaccurate it is something for dish network from 2003 and I have always had Comcast! I didn't even know about the debt until I found it on my credit report and I have been disputing it ever since, I have yet to recieve a response. In the past 8 months the dates have changed, it's went from 1999 last July to 2003 I disputed it as "validation requested, not mine" and provided my requests, mailing reciepts and explained that they have not made any effort to validate this debt, if they cannot provide sufficient documents supporting that the debt belongs to me, then TU needs to delete it. The response from TU basically says that they do not verify, or supply verification documents, if they don't verify how can determine whether the debt is valid? I'm going to continue to write them letters, would a prove it or remove it letter work?
     
  6. ontrack

    ontrack New Member

    If it is for Dish Network, which presumably would require a "dish" installed to get their service, you would know with certainty that you did not have their service.

    Be aware that Dish Network/Echo Star settled with a bunch of state AGs a couple years ago around violations of consumer protection laws. There have also been many consumer reports of problems with honoring offerred terms, termination of accounts, contracts signed thru local dealers where DN/ES claimed a different contract applied, crediting returned equipment, etc. In short, their practices generated a lot of alleged "bad debt", some of it not legitimate which many consumers would have refused to pay, and a lot of which would eventually have ended up in the hands of CAs. That makes for a lot of mistakes that can get compounded into other mistakes by further sloppy actions by the CA.


    Who is reporting, Dish Network or a CA?
    Who is the CA?

    You may be dealing with misidentification, or with id theft, but either way, they have not responded responsibly, you have disputed thru the CRA and they have "verified". Have you contacted your state AG, or a consumer protection attorney?
     
  7. BellaRuss

    BellaRuss New Member

    One of the simplest ways to get this deleted is to delete the old address from your CR, then write the CRA and ask that it be " reinvestigated ".
     
  8. ontrack

    ontrack New Member

    If you never had Dish Network service, are your credit reports showing addresses at which you have never lived?
     
  9. jam237

    jam237 New Member

    The CRA will *NEVER* have verification documentation.

    The CRA only asks that the data furnisher verify the trade line.

    Unless you have proof that for some reason, the data furnisher is UNRELIABLE, they can rely on the data furnisher's verification.

    Also, OC's do not have to provide validation, per the FDCPA; since they are not a debt collector.

    However, you can work around that, by encouraging them to break down your door to provide you with all of the documentation that you want.

    :)

    Look up Johnson v. MBNA; a data furnisher has a duty to CONCLUSIVELY VERIFY their reporting, not just from a cursory review of their computer records, but from a thorough review of the ORIGINAL DOCUMENTATION.

    So, you would want to encourage them to provide you with proof, of what you already know is false; that *YOU* while having Comcast cable, signed up for Dish Network service. Why would they want to rush out and provide you with the documentation, now?

    MBNA got whacked with over $90,000.00 in damages because it didn't thoroughly review Ms. Johnson's dispute from the original account documentation. Isn't that a nice little carrot and stick to provide to them. :p

    One of the best parts of my personal JvMBNA letter is that I actually DOWNPLAY the damages by bolding almost everything but, and it stands out more by downplaying it... :)
     
  10. ontrack

    ontrack New Member

    Actually, Dish Network MIGHT be a case where you could claim the DF is "unreliable" (engaged in consumer fraud and deception), due to the state AG settlements against it.

    Alternatively, file a complaint against them with your state AG anyway, since Dish may have reason to be responsive to such complaints. You might check whether your state is one that reached a settlement with them.

    http://www.doj.state.or.us/releases/2003/rel052203.shtml
    http://www.ago.state.co.us/press_detail.cfm?pressID=231

    Still thing your strongest hand is to just sue the DF if they have verified erroneously reported information. It should be more direct to win against them than against the CRA, and once you do, it should be more direct to use that to get correction of the CR info. Who cares if they refuse to produce any documentation in support of their erroneous charges? Let them keep it up when they have to defend themselves in court.
     
  11. ontrack

    ontrack New Member

    Although you may not be, or even have been, a customer, if they are reporting that you were, even erroneously, then their settlement agreement REQUIRES that they properly handle your complaint. Compliance with the settlement cannot be achieved by only properly handling complaints from consumers in the settlement states. Compliance with settlement agreements is often implemented by funnelling information on all communications classified as complaints thru a single department, with oversite by legal department, which is where a state AG complaint would end up.


    http://www.ago.state.co.us/pr/052203pr.pdf

    "In the Matter of:
    ECHOSTAR SATELLITE CORPORATION.
    ASSURANCE OF VOLUNTARY COMPLIANCE OR DISCONTINUANCE
    This Assurance of Voluntary Compliance or Discontinuance (â??Assuranceâ?) is entered into
    by the Attorneys General of the States of California, Colorado, Connecticut, Florida, Georgia,1
    Illinois, Louisiana, Minnesota, New Jersey, New York, Ohio, Oregon and Wisconsin (â??Attorneys
    Generalâ? or â??Statesâ?), acting pursuant to their respective Consumer Protection Statutes 2 , and
    EchoStar Satellite Corporation 3 (â??EchoStarâ?)."

    Additional terms of the settlement:

    "...
    20. Collections. Within thirty (30) days following the resolution of a billing dispute
    in a customerâ??s favor, EchoStar shall notify the applicable credit rating agency or agencies to
    correct or remove any negative credit reports made by EchoStar relating to such dispute.
    EchoStar shall maintain policies and procedures reasonably necessary to assure compliance with
    all applicable laws regarding debt collection.

    21. Customer Complaints. EchoStar shall maintain policies and procedures reasonably
    necessary to ensure customer complaints are quickly responded to and a good faith effort made
    to resolve such complaints in a timely manner.
    Such policies shall include, but are not limited
    to:
    (a) Policies and procedures reasonably necessary to ensure that customer
    complaints are logged, with such log containing the following minimum information: the name
    and account number of such customer, a summary of the customerâ??s complaint and action taken
    by EchoStar to resolve that complaint
    ;
    (b) Policies and procedures necessary to generally ensure that customer complaint
    calls to EchoStar Customer Service Centers are answered in a timely manner;"
     
  12. jam237

    jam237 New Member

    20 also makes them have to comply with the FDCPA.

    There are any number of times where settlements can make an OC subject to the rules of the CA, this is one. (FTC v. Leasecomm is another one that I know of off of the top of my head.)
     
  13. McEngle

    McEngle New Member

    I got a letter from TU today, it got deleted!
     
  14. ontrack

    ontrack New Member

    What was the reason you stated in your dispute?
    What was the reason TU said they removed?

    Keep your letter, lest the DF reinsert. If they do, they are required by FCRA to "certify" that it is accurate. Companies that make errors once, make them again.
     

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