wrote to CRA about neg tradeline from tel co. & explained i did not belong to me...days later I rec'd a letter from CA saying they are "unable to confirm an error"...in essence the letter says we checked our sources (in 3 days?!?) and there is no error but we are not sure, so too bad...in contacted the OC some yrs ago & they could not identify... what is my next step?
"Unable to confirm an error" is so ambiguous it could also simply mean what you got from the OC: The OC does not know of any account in your name, or may have to research, or they don't know where the records are on the account, or didn't reply, etc. It may, or may not mean they "confirmed" it was correct. What did, or can, they provide to prove it is your account? Dated statements with your name, address, and telephone number on it obtained from the OC, showing telephone activity, or payments? When did this first show up? Did you ever have an account with that telco? Is there an account number, or telephone numbe associated with the account?
it is ambigious! it means nothing.. after disputing w/ the CRA direcly, it was the CA for which the acct. was assigned to who sent me this letter...is it customary for the CRA to ask the CA (instead of the OC) if i am disputing the acct does not belong to me...i have contacted the OC directly on several occasions and they cannot identify (i have to guess because the alleged debt is so old - 6 or 7 yrs) i don't know if i should dispute w/ CRA again or CA? tx for your reply
it is ambigious! it means nothing.. If you disputed with the CRA, the CRA should investigate, basically asking the CA if it's accurate. If the OC posted the TL, they should verify with the OC. If the CA posted the TL, they should verify with the CA. In other words, they are only verifying that whoever posted the TL says it is correct. If the CA says yes, then the CRA should send you the result of its investigation. Although the CA might contact you, either before or after your dispute with the CRA, their contact is not a substitute for the CRA's responsibility to investigate and report their results to you. If they have not done so, insist that they send you the results of their "investigation". That verification that the TL is correct, done by the CRA asking the CA, is what you need to go after the CA under FCRA. Otherwise the CA could just claim the CRA made the mistake, and the CRA could claim the CA made it. The CRA verification with the CA does not obligate the CA to check anything with the OC. They can at that point just verify that the CRA TL matches their own records. Disputing with the CA under FDCPA is what requires the CA to go directly back to the OC to verify that the debt is accurate. Do you have anything from the OC in writing? Did the OC post a similar TL, before the CA began collecting? Has the CA previously contacted you? Is this letter from the CA their first contact with you? Did their letter indicate that you had the right to dispute the debt with them? Have you disputed directly with them, in writing?
it is ambigious! it means nothing.. Since the CA sent a letter directly to the consumer in response to the CRA dispute, the "least sophisticated consumer" might think it means they actually checked with the OC. It might imply the consumer would get no different answer if they disputed directly with the CA, particularly if the CA had not notified the consumer of his right to dispute as required under FDCPA. This might discourage a consumer from using his right to dispute with the CA and stop collection activity unless and until validation of the debt was obtained and forwarded from the OC. Since the CA was under no obligation to go back to the OC to confirm anything in a CRA dispute, "unable to confirm an error" means only that the CA thinks the TL is correct. Needless to say, discouraging consumer disputes is very popular among CAs.
