I sent dispute letters to several OC's. They never listed the account with the CRA as disputed. I contacted the CRA and I get back a letter saying they need more info. They ask why I am disputing the account. Do I answer them? Below is a copy of my letter: This is a request for deletion of a disputed item. I have attempted to have this alleged debt verified by the alleged creditor to no avail. I am respectfully requesting that Experian do what is legally mandated by the FCRA, and delete the account listing. DELL FINANCIAL SVCS/CIT On 10/03/03, DELL FINANCIAL SVCS/CIT received a dispute letter from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. As of today, Oct. 15, 2003, they have failed to provide any proof or respond in any way. When an alleged debt is disputed, a notation must be entered on the debtors report showing the item as in dispute. This was not done. As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor. Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its' entirety as there is no proof of its' existence as evidenced by my attached documented proof. **** Shouldn't this have told them exactly why I am asking for the account to be removed? Also since the OC didn't mark this as disputed how do I go about suing them for the FCRA violation?? I have 3 OC's that did not do this!
As per § 623 (b)(2) and § 611(a)(1) they have 30 days to complete all investigations, reviews, and reports. You've given them 12 days ...
The 30 day time limit doesn't even apply in this case since the dispute isn't coming from the CRA to the furnisher. The 30 day time limit only applys to resolving disputes through the CRAs.
Did you dispute the account with the CRA's? The way I see it, if you dispute with a CA they can not continue any collection activities. Until you dispute (after getting the green card back) with the CRA the CA doesn't have to mark anything as "In Dispute" Your original post seems to have two theories intermixed. The letter you sent to the CRA is for a few months later in the process. First you dispute with the CA, and get the green card back. Then you dispute with the CRA and see that the CA doesn't mark it as "In Dispute" Then you send an Estoppel to the CA stating that "Since they haven't provided you with proof, you can only assume that there is no proof and so the debt doesn't exist" Then if the CA still doesn't respond or delete the account, after about another month, you send somewhat of the letter you sent to the CRA stating that since they didn't respond, there is no proof of the alleged debt in order to have the CRA remove the tradeline. The CRA will not remove it, then after 30 more days you send an ITS to both the CA and the CRA (sueing the CA for validating the debt to the CRA while in dispute and not marking it as in dispute, suing the CRA for not accepting proof from the consumer which is a right clearly stated in the FCRA. You need move back a few steps and dispute the account with the CRA as "Not Mine" and check to see now if it is marked as "In Dispute" by the CA. ChrisB
Re: Re: Now What?? I beg to differ ... [color=0066FF]§ 623. Responsibilities of furnishers of information to consumer reporting agencies (b) Duties of furnishers of information upon notice of dispute. (2) Deadline. A person shall complete all investigations, reviews, and reports required under paragraph (1) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) [§ 1681i] within which the consumer reporting agency is required to complete actions required by that section regarding that information. [/color] OC IS a furnisher of information and IS obligated to investigate and report to CRA in 30 days. It's funny ... we have similar discussion in 2 or 3 other threads, I think ...
First off NONE of these are with a Collection Agency. It is all Original Creditors. I sent the OC a dispute letter and after I got the green card back I sent a letter (a copy of which is in my first post) to the Credit Reporting Agency. So I have already done what you stated above to do. I got a letter from the Credit Reporting Agency saying they need more info on my dispute. They need to know why I am disputing the account even though it stated why in the letter I sent them. What I am asking is, Do I respond to their letter? Also none of the OC's have listed the accounts as diputed with the CRA. I have sent dispute letters to the CRA's stating this. What do I do next?
Re: Re: Re: Now What?? vg, you left out this part: 1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall 611(a)(2) refers to a CRA receiving the dispute from the consumer. IMHO Jam is right.
Re: Re: Re: Re: Now What?? Yes, I did leave it out. But I just realized that I also left out this: [color=0066FF]§ 623. Responsibilities of furnishers of information to consumer reporting agencies (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. (B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate;[/color] Gotcha! Suing time ...
Re: Re: Re: Re: Now What?? You also left out the next part: (ii) the information is, in fact, inaccurate. Still have to prove that part. Gib
d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section. A consumer can't sue under that subsection. They must sue under B. neener
Arrrrgghhh ... look what you did - now I hate myself ... Seriously, 1. Does that mean I can use subsection (a) to file a compalint with FTC, so *they* can sue the OC? 2. Let say I dispute with CRA, they send me a letter stating the information is verified. Would that letter be enough for me (the consumer) to sue the OC for FCRA violation under the subsection (b)? Some day, jlynn, some day ... just give me more time ...
Re: Re: Now What?? Don't hold your breath for the FTC to sue. You just add your complaint to the pile and hope one of these days they get in the mood to go after them. They won't sue on one complaint. 2. yep if you can prove they didn't do one or more of the things outlined in 623(b). That's why with OC's you must dispute thru the CRA's before you can even think about taking them to court.
Re: Re: Re: Now What?? Got it, jlynn, thanks ... I'm working on some kind of a "True or False" summary about the OC's violations and would appreciate your comments when I post it.
First off NONE of these are with a Collection Agency. It is all Original Creditors. I sent the OC a dispute letter and after I got the green card back I sent a letter (a copy of which is in my first post) to the Credit Reporting Agency. So I have already done what you stated above to do. I got a letter from the Credit Reporting Agency saying they need more info on my dispute. They need to know why I am disputing the account even though it stated why in the letter I sent them. What I am asking is, Do I respond to their letter? Also none of the OC's have listed the accounts as diputed with the CRA. I have sent dispute letters to the CRA's stating this. What do I do next? Anyone??
Re: Re: Now What?? Sometimes you have to do things over and over to get results. sure. tell them you already sent them what they need, but since youre such a nice person, you'll explain it again. Use large font and VERY simply tell them what you want. They're kinda slow. from what i remember, just disputing with OCs wont make them list it as 'in dispute' with the CRAs, unless you also dispute directly with the CRAs. (which you say you did already.) You should read up on 623(b) of the FCRA. Do a search here.
Re: Re: Now What?? vg: hold on to the a violations, and keep track of them anyways... then dispute the discrepencies so that the furnisher verifies the discrepancies which the a violations were involving... if the furnsiher verifies the discrepencies, then the a violation is promoted to a b violation, and when you get to court, then you can pull out the documentation of the a violations to show willful and knowing violations... i have three letters to one oc which i in one way or another point out that they are reporting inaccurate or unverifiable information, they admitted that when i got the BBB involved, and then stupidly wrote in writing that essentially that they can't update the cras, i'm to send the letter to the cras, and if they won't accept it, then i have to dispute it, great, thank you, they now have one b (one more possible if they verify with EFX w/o notice of dispute), and a writen confession to the a violations to document that they willfully violated the fcra... plus, if i want to flabbergast them, if you total the a violations for the past year, its over 40 a violations between the 3 cras... btw: don't feel bad, butch had to brow beat the b differential into my head over the past few months...
Re: Re: Now What?? Implicit within § 623 is the requirement that any person with whom information is disputed is required to notify the CRA that the info. is disputed. Just can't sue until you dispute with the CRA. .
