Hi all couple of questions ( 1) how long should it take a CRA to flag the acct disputed once the creditor informs them to do so? I had a creditor tell me in writing that they will notify the CRA to flag the acct disputed but it may take up to 60-90 days to appear . I was under the impression iit would only take a few days or so. It been 2 months already. the creditor claims they notified the CRA to flag acct and the CRA says no they were not informed . (2) can both be held liable?
ontrack , but how long does the CRA actually have to update the CR to show the dispute once the creditor requests it?
Harris Opinion http://www.ftc.gov/os/statutes/fcra/harris.htm If the data furnisher provides the notice of dispute, and the CRA doesn't provide it, they aren't following reaonable procedures. Even if the CRA's contract with the DF has expired. If the CRA is still listing the information, they must update it.
Jam, in the harris case the furnisher had to inform the CRA to correct that info and the CRA is required to ensure adequate procedures but in my case, the furnisher refuses to report accurate, verifable info and I supplied those doc to the CRA to correct the acct. if the CRA fails to correct it based on MY information and proof are they liable ? the CRA claims they will NOT delete or change the inaccurate info UNLESS the furnisher instructs them to do so.
(1) was about updating to show that the account is in dispute. -- Harris would apply to the CRA's responsibility to update if the data furnisher alerts them of it. Like was said, you would have to sue both, and let them both accuse each other of being the one who was at fault. Otherwise, you sue one, they claim it wasn't us, you then sue the other one, and guess what they say. Cushman v. Trans Union would be the case law for trying to get the CRA to delete, if you have proof of the data furnishers unreliability. And if you provide them proof of the unreliability, explicitly state that they are unreliable, the CRA can not take the word of the data furnisher as undisputed. Well, they can, but not legally...
do u have the link 4 the cushman case by any chance or can you tell me what district & ill search for it? thx
