OK I have been trying to read through the FCRA and make sense out of it..... ) 1) Can the CRA be held responsible for not reporting a note on an account that is disputed with the creditor? i.e. send validation to the creditor-request investigation from the CRA telling them the account is under dispute with the original creditor? 2) What section has the creditor violated by not responding to validation? 3) Under what section can I find information on the CRA verifying inaccurate information on an account? Thanks!
You are getting the FCRA and the FDCPA mixed up. And there is also the FCBA. You can get them with google and those abbreviations.
Ok that's what I was looking for. Thanks! Heres the situation. Tell me what you think, please!! repo in 10/99 charged off in 1/00 (they sold the car for less than half of what I owed so if your thinking of letting a car go back THINK TWICE!!) They never sent it to a collection agency. I sent validation in 9/01 - no response I receive a letter from a collection agency in 10/01 (has not been added to my report yet) I sent them a validation letter - no response I sent original creditor estoppel - 10/01 - no response So if I understand correctly I have them on the following: Original creditor on FDCPA for the following violations 1) for not providing me with the validation I requested. 2) for not ceasing collection of the debt until validation is provided to me (by sending it to collections) And under the FCRA for: 1) for not reporting the account being in dispute with them. 2) for not investigating the disputed information. And for the Collection Agency: FDCPA 1) not providing the validation I requested How close am I? Any that I missed?
Donna - you were pretty close except that the FDCPA is for 3rd party collectors. Original creditors do not fall under the FDCPA guidelines. Original creditors must follow the FCRA.
According to some people's experience, LKH, a lot of them feel that they do fall under it, or they don't know any better. It seems to work with them a lot of the time.
You mean that the cras have to note on my report that an item has been disputed by me? I am sorry this sounds like a dumb question (I guess that would be because I should know better after being on this board for so long!) I never realized this! Not all the cras have done this. I will have to check, I don't think TU has. Does anyone else have a problem with this not being done? Is it worth pursuing, and if so, what exactly should I do? Send a letter with the portion of the FCRA that states they are to do this? Good Luck Donna. I hope you sick it to them.
So after I send validation letters, the notation should show up on my reports, place there by the ca or original creditor?
If I understand it correctly...... Once you notify the creditor/ca that you dispute the item they must put a note on your report stating that the account is under dispute by consumer.
