CA sent me a collection notice on something i didn't sign for and i have tons of Proof. I sent the CRRR and they receveived it signed and etc..., Today i check my EXPerian report and guess who Shows up??? The CA reported the debt anyway. They put in the Status Field " NO STATUS" and in the notes field it reads "Account in dispute under FCRA"!!!! WTF!!! They still can't report this right? Sounds like Continued Collection to me. Plus I complied with the 30 day Mini Miranda... I can't believe they reported it and think ok, well it's under dispute sir, so what do you want.... Correct me if i' wrong fellow creditnet crew???
No need to correct you, you are right. I guess I shouldn't post this, since you are only asking to correct you if you are wrong...I am confused... -Peace, Dave
Once notified of a dispute, they may not continue or start reporting the acct. Rule 611 of the FDCPA: b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. From the FDCPA staff opinion letter (cass) II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute. So, nail their asses to the wall.
Was this the first notice from this CA? Did they sign for your letter within the first 30 days? They ARE allowed to report within the first 30 days to your report, if they receive a dispute from you they must remove it, BUT if they receive their dispute from you after 30 days they can leave it as long as they put that :dispute FCRA" crap on the account.
Nave, i was just using a figure of speech : ) Wanted to make sure i wasn't missing anything, i've had computer brain fallout...... LKH Thanks i' also read that and was like *&^$# I can't be interpreting this wrong, but those A Holes.. KHM i've never knew they can report it within the 30 day period then remove it. They signed for this before the 30 Day period, i got the green card and also in fact i sent it Express Mail with the CRRR attached, i got the delivery conf sig info from the USPS showing that also.. So they got it. They must either think they received it after the 30 days and are reporting it as you Say KMH, or just evil. Either way i have to send out a letter, I want to file right and bypass the steps... oh well that sounded good.
