"dispute"

Discussion in 'Credit Talk' started by jjulez, Sep 7, 2002.

  1. jjulez

    jjulez Well-Known Member

    I know that I've read somewhere on this board that the CA has 'X' amount of days to report that a Collection tradeline is being disputed. What is that 'X' amount of days?
     
  2. Butch

    Butch Well-Known Member

    5,,

    I think
     
  3. jjulez

    jjulez Well-Known Member

    Thanks Butch...I have a signed green card dated 8/29/02. I've pulled EX & EQ tonight and both do not indicate 'DISPUTE'...is this CA in violation?#@$# Or am I being to excited about this process of repairing my husbands credit?
     
  4. Butch

    Butch Well-Known Member

    Down girl,

    lol, Let's wait out the first 35 days and then we'll develope a follow-up strategy.

    But yes - to answer your question - they are in violation if they fail to list as disputed. But I'm not 100% on the 5 day time frame. I do remember seeing something about that. You'll get more answers tomorrow.

    Now that you have your green card back it's time to dispute with the CRA's.

    This is where the 30 time frame kicks in.

    Don't forget to study the FCRA and FDCPA. And don't forget to get some sleep too.

    :)~
     
  5. sassyinaz

    sassyinaz Well-Known Member

    Butch dude,

    5!!!!!!!!!!

    5 is a good number, a FINE number, it could be the best number even, but it doesn't have a darned thing to do with how many days a CA has to note the tradeline in dispute.

    The number of days they have is X, just as originally posted.

    LOL, I'm cracking myself up -- going to bed too.

    There is no number of days for a required marking of a tradeline in dispute by a CA -- they only can't report the information again, after having been notified by the consumer, without it showing as disputed.

    The CRA's have 5 days, after notice of dispute from a consumer, to forward the information to the furnisher.

    The furnisher has 30 days, within the original 30 days of the CRA, to complete the investigation and report back the findings, not a new 30 days.

    A CA has 5 days from the initial communication to provide the mini-miranda rights and information requirements to a consumer.

    Yep, 5 is a FINE number, I say.

    Sassy
     
  6. Butch

    Butch Well-Known Member

    Actually I think Sassy's right.

    Seems I was thinking that in a case I saw they had 5 days to delete an unverifyable derog from a CR, once the CA figured out there was no evidence of the debt. Yeah that's it.

    Hey I tried.

    But I also qualified my remark Sassy, case ya didn't notice.

    :)~
     
  7. sassyinaz

    sassyinaz Well-Known Member

    of course I noticed, butch dude!

    SNORT and smoochies, goodnight.

    Sassy
     
  8. jjulez

    jjulez Well-Known Member

    Thanks Sassy...the picture is more clear now...and yes Butch, this CN addict is done 'tweaking' for the night or morning, whatevers
     
  9. Butch

    Butch Well-Known Member

    GEEEZ,

    Now that I've had some rest I can't believe I said that. LOLOL

    I was delirious and laughing myself stupid listening to Ttowns excitement.

    We were thinkin of the FTC Vs. PCM case.

    UNITED STATES DISTRICT COURT
    CENTRAL DISTRICT OF CALIFORNIA
    SOUTHERN DIVISION

    UNITED STATES OF AMERICA
    Plaintiff
    v.
    PERFORMANCE CAPITAL MANAGEMENT, INC


    In any situation where the defendant either knows that no original records exist, or is informed by the original creditor that no records exist, the defendant shall, within five business days after receiving the consumer dispute, notify all consumer reporting agencies to which the information has been provided that the information is to be deleted from the file of the consumer who has disputed the account;


    Sound familiar Jjulez?

    Don't worry I would'a caught it. It kinda bugged me as soon as I hit the submit button and I started looking.

    My point anyway, wait out these first 35 days. In the meantime it would be wise to dispute with the CRA's unless you're not in a hurry.

    Sassy's right, as usual. There's no mandated time frame in the FDCPA. It's via the FCRA, which means a dispute with the CRA's are in order if the time frame is important.

    If you're NOT in a hurry I might just wait to see what they come up with.

    :)
     

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