The FCRA mandates that: (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. Also under the FCRA: (c) Limitation on liability. Sections 616 and 617 [§§ 1681n and 1681o] do not apply to any failure to comply with subsection (a), except as provided in section 621(c)(1)(B) [§ 1681s]. -------------------------- They have to show that the account in dispute or they are violating the law. But I need some information about California law related to this. I send a nutcase by Doc, I will claim in court that this was my dispute letter. ----------------------------------------- June 10, 2003 Bank of America 1825 E BUCKEYE RD PHOENIX, AZ 85034 To Whom It May Concern: I am formally requesting that you validate all tradeline notations you have submitted to the three major credit reporting agencies by NCO Financial or Bank of America for me, XXXXXXX. Due to possible inaccuracies in these Credit Reporting Agency reports, I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable. Please be advised that I am not requesting a verification that you have my mailing address; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline. I have enclosed two documents which will verify my address: a photocopy of a California Driver's License and a photocopy of a recent [NAME OF UTILITY OR TELEPHONE COMPANY] statement. Please know that you have 30 days from the tracked and confirmed delivery of this lawful notice to either answer these demands or to remove the associated negative tradeline notations from the CRA reports. Any other action may constitute evidence of your intent to abridge one or more civil or other constitutional rights. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes. I look forward to a timely and amicable resolution to this matter. ---------------------- That's before I realized that they don't have to validate at all. Now I only see this as a dispute letter to OC. They have to show the accout in dispute, or else they are violating FCRA right? PS:They need show the account in dispute.. how do I know they showed it in dispute? I disputed the items in question as soon as I recieved the confirmation e-mail from USPS. Do I pull everyday? or at the end of the investigation they have to show it in dispute?? Help me out here please....
