Ok. Here is my timeline. 5/17/04-the OC signs the greencard. I 5/21/04-I send a CRR dispute to the CRA, no greencard yet. Today I get a letter from the OC stating that they cannot locate the account in question, although they are reporting this on my credit file. The letter then states that they need me to contact the credit bureau and dispute the item, which the CRA will forward to them. It then says that once the CRA forwards the info to them, they will verify the information. It also goes on to say that they can only change incorrect infor...blah blah blah. What the heck. Is this a valid response to a validation? I don't think so. HELP
CHELE!!!!! LRNS....I was just going thru my files and found the same thing, I sent a follow up letter stating that it is their job to validate and not yours to update the credit bureau on what you're doing. BTW, that's not proper validation.
Erica!!! How the heck are ya?? Cool. I thought so. I will send another letter reminding them that they have to respond with proper validation. Should the countdown remain from the first greencard sign date?
Re: HELP-Bogus OC response to verif Yes, the countdown should still remain from the original date. And I'm good, struggling, but good.
Re: HELP-Bogus OC response to verif OC's don't have to validate, but they do have to verify in response to written disputes. Sit on it, pull all three files, in a month or so, and see whether or not it is showing as being updated after they received the green card, and whether or not they've notated that it is in dispute. When it comes time to dispute with the credit reporting agency, you want to demand an immediate deletion, because by the data furnisher's own admission, they can not verify the information which they are reporting. You want to demand a CONCLUSIVE VERIFICATION in accordance with Johnson v. MBNA, from the original account documentation; AND NOT from a cursorary review of the data furnishers computer records.
Re: HELP-Bogus OC response to verif OC's don't have to validate, but they do have to verify in response to written disputes. Sit on it, pull all three files, in a month or so, and see whether or not it is showing as being updated after they received the green card, and whether or not they've notated that it is in dispute. When it comes time to dispute with the credit reporting agency, you want to demand an immediate deletion, because by the data furnisher's own admission, they can not verify the information which they are reporting. You want to demand a CONCLUSIVE VERIFICATION in accordance with Johnson v. MBNA, from the original account documentation; AND NOT from a cursorary review of the data furnishers computer records.
Re: HELP-Bogus OC response to verif Ok. well, this is even better. Two other responses from the CA's (not the original creditors) were actual requests for additional information, such as my soc sec number, dob and full ten digit acct number. I gave them the acct number that was on my credit report. And my name. That is all they should need. This is the funny part though. I just recentlly changed my name because I was just married. But, there is no way that I am giving them that info. They did everything in their power to innacurately report their information, why shouldn't I do everything in my power to make sure it comes off?
Re: HELP-Bogus OC response to verif Ok, well, here is the question. Should I just wait for the greencard dates to fall over the 30 days, OR should I mail them letters reminding them of what their due dates are, along with a reminder that THEY put it on my report, so THEY should have their ducks in a row and it's not my responsibility to provide them with that info.
Re: HELP-Bogus OC response to verif Answered my own question. Mailing "friendly reminders to those that responded as we speak"
Re: HELP-Bogus OC response to verif The 30 days only applies when the dispute is through the Credit Reporting Agency. Don't send anything to the data furnisher themself, if you didn't dispute it with the CRA's that would be step 2, as soon as the green cards were signed for.
Re: HELP-Bogus OC response to verif did that....Sent the CRA's their letters and got the green cards too.
Re: HELP-Bogus OC response to verif Wait a Sec. Is the only purpose of sending the one and then the other to get the CA to screw up and perform collection activity? OR Like in my case is it so that I can send letters to the CRA's stating that they can not find these supposed accounts. HELPPPPP!!
Re: HELP-Bogus OC response to verif oops....was reading...I think I just answered my own question lol
Re: HELP-Bogus OC response to verif Look at the Cass Opinion on the FTC web site. Reporting (and verifying under 623(b)) is collection activity. Now, if they only update under 623(a), since that is by definition an 'automatic' thing, they are allowed to report, as long as they update the account to show 'in dispute'. The trick is to put them in a catch 22, if they want to keep the account listed, they have two choices validate in under 30 days, *OR* violate the FDCPA, and possibly pay $1,000.00 to you if you know that that is a violation.
Re: HELP-Bogus OC response to verif Heres the thing. Every one of them so far has said that they cannot locate the account. do I just demand deletion from the CRA's because they cant locate these accounts. The whole reason I am even messing with the CA's is only because of Exp. They will not re-investigate.
Re: HELP-Bogus OC response to verif They put in writing that they can not locate the account? If they put that in writing, send a copy of it to their offices stating that "How could ____ have verified this, when on xx/xx/xxxx, they stated that they can not find this alleged account? I am demanding that this erroneous account be deleted immediatly, because even the data furnisher admits that this account does not exist." If that fails, send the dispute through their BBB office in Orange, CA.
Re: HELP-Bogus OC response to verif yes. Each one has asked for additional information in order to identify the account.
