When I found out I had an incorrect CA reporting information. I asked them to validate. They were unable and I forwarded a letter to their Attorney General. They responded with that they had made a mistake and would delete the entry. This letter was sent to myself as well as the attorney general. I pulled credit report this last week and the entry is on all three of my credit reports. Looking for a little direction as to what to do next. Shall I send them an additional letter? Shall I send the CRA the letters? Some other option? Thanks in advance! Parul
I suggest you send a copy of the letter they sent you that says they're deleting to each of the CRA's. The account should be off your reports within a week or two.
I think I will do that. As a side note, is the CA in violation of the FCRA by providing and not deleting information they know to be inaccurate... it has been 6 months since they sent the letter Thanks for the quick responses! Parul
6 months! Yes they certainly are in violation. Here is a section of the FCRA: § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. Now they obviously know they are reporting it in error, because they sent you a letter saying so. I suggest you also re-contact the attorney general in their state and advise him/her that they did not follow through with what they claimed they would. They are also in violation of the FDCPA: § 809. Validation of debts [15 USC 1692g] (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Per the FTC, leaving the collection account on your report is considered "continued collection activity".
In addition to sending a copy of the letter to the CRAs, is it worth while for me file anything in small claims court against the CA in question? Thanks again for your valuable insight Parul
Well it depends. If you're simply looking for a straight deletion, then I would suggest you hold off on filing a lawsuit for at least another 30 days. Hopefully the CRA's will not bother with an investigation (like when you place an item in dispute) and simply delete. If the CRA's don't delete the acount after they receive your letter (from the CA) and they actually initiate an investigation and the CA verifies, then the time for legal action would have arrived. On the other hand, if you've got some time on your hands, and you want to walk away with a deletion plus a few dollars, then you should start preparing your case against them. My suggestion, unless you can prove some serious actual damages on account of the CA not removing this invalid account, would be to send the letter to the CRA's, check your reports in a week or two, if it's gone, great, if it's "under investigation", well then wait out the 30 days, and proceed to file if the investigation of the collection account is "verifed".
Thank you again! You have a very good point. I dont have that much time so to speak. Just disputing will keep me busy for the time being. Hopefully they will just delete. Thanks again! Parul
