DH has a stubborn Cap1 Paid/Charge-Off from Jan 2001 on all 3 reports. Of course, I have disputed several times with the CRA as "not mine", but always comes back verified. I did one round of the "Nutcase" series a while back, but got no response and decided to work on some other derogs for a while. But now I am ready to try again! Just finished reading the techniques talked about in these two great threads Thank you to those who wrote them and those who bumped them!: http://consumers.creditnet.com/stra...php?s=&threadid=16940&perpage=20&pagenumber=1 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=328507#post328507 My question is, since the Charge-Off is paid and technically there is no "debt" I am disputing, is the OC still required to mark it as in disputed when I question the validity of the TL? I feel stupid asking, but hate to assume. It seems like the people in these threads actually still had an amount owed to the OC. I know that the "Nutcase" series is designed for Paid/Charge-Off's, and I think those letters are great! But since I am dealing with a pretty recent Charge-Off and Cap! I like the idea of having some legal basis when working for this deletion.
My boyfriend is in exactly the same situation, a paid Capital One charge off. I've been reading the FCRA to try to understand what the responsibilites of an original creditor are, and here's the part that answers your question. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. It doesn't matter if the "debt" is paid or not. If the consumer disputes the account with the creditor, the furnisher of information (Capital One) has to notify the CRA that the account is in dispute. Elle
