thanks for the reply. i'm building a case against sherman. one more question. do you know which section of the fdcpa it violates?
FDCPA Violation Cass Opinion http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm Communicating false credit information Section 807(8) - § 1692e(8) FCRA Violation Harvey Opinion http://www.ftc.gov/os/statutes/fcra/harvey.htm Duty of furnishers to provide notice of dispute Section 623(a)(3)
butch, et al could probably tell you which letters to send to whom, my guess would be the sample letter for requesting deletion from the CRA. grounds for requesting deletion of the tradelines would be for violating FDCPA, Section 807(8), and FCRA, Section 623(a)(3). along with the copies of the correspondence disputing the account with the ca/oc, and proof of service. note that the fcra doesn't set a concrete timeline for when they have to submit the updated information; and if they haven't updated the tradeline since the date of service it gets a little fuzzier, the third paragraph of the harvey opinion gives a little wiggle room in allowing them to not update the information until after the dispute process is completed, under the FCBA (for cc accts and other open accts) thats two billing cycles (unless you have a smoking gun letter from them which states that the investigation is complete... ) then if they don't update to put the >CONSUMER DISPUTE< notice, then you have proof that even after the investigation period they failed to notify the CRAs as required by the FCRA.
