Hi All I prev asked these question could someone help please I have a simple question I tired of going round and around with all three CRAs. So I decided to just sue since they keep verifiy things the even the creditors can't send me verification on after requesting several hundred time. What step do I take to do this well to start the process of suing the CRA should I just get the Small Claims Paperwork and send a copy of that first??? I have one other question When you dispute something with the original creditor do they have to follow the 30 day rule or can they take as long as they want to verify your disouted information??
The creditor has 30 days to investigate and get back to you. In the meanwhile, all their reporting to CRAs must have the notaion that the account is disputed by the consumer. If they fail to include the notation, it's a violation of the FCRA.
Here is what the law says about the 30 day period. (A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer. Now then, one of the major tricks here is being able to prove when they received your notice. If you did not use a certified, return receipt requested letter and save all of the receipts, you have no way to prove when they received your letter and thusly the start date of the 30 day period. Additionally, they also hae the option to wait until a few days before the end of the 30 day period and send you a letter demanding more information, thereby starting the clock all over again as of the date they receive your reply. Again, if that demand for information was not answered in a timely manner and sent via certified mail, you will have no way to know when the 30 day period will start and end. In order to avoid these costly and time consuming comedies from occuring to you, you need to send in 3 forms of identification with each letter. One of those should be a copy of a utility bill showing your proper address. Personally, I never send them anything that will give them any more information than they already have, so I use a sworn before notary public statement on my lawyer's letterhead giving my address and that's all. Next they want a copy of your drivers license. The best way to provide that is to go to a photocopy shop and take a blank sheet of white paper and fold it in half two times giving a sheet of paper that when unfolded will show 4 quadrants. Place the drivers license face down in the middle of the upper left hand quadrant, set the machine for 200% blowup and lightest possible contrast. Repeat for the Social Security Card. Bill Bauer
