I have a Nextcard listing on my Equifax report that I keep disputing. This time however, I wrote a letter to Nextcard letting them know this account is NOT mine. It was signed for by them on March 10. I then disputed on line with Equifax the same day and the investigation was to be completed by April 9. Equifax verified this already and I haven't heard a thing back from Nextcard yet. Don't I have a violation here? Nextcard can't verify with EQ until they verify the account with me, right? Any suggestions on what I should do next? Either Nextcard messed up and verified with EQ when they weren't suppose to or EQ didn't really get confirmation and just verified without getting anything. Please...suggestions?? Any help would be appreciated!!! Thanks. Mysti Summer
I know George!! How the HECK could they verify the account then?? This account was closed LONG before they went BK too. So....now what??? Mysti Summer
Dont really need FDCPA on this... they need to be reporting to the CRA that it's in dispute. FCRA § 623. Responsibilities of furnishers of information to consumer reporting agencies (a)(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.
Not a shot! Of course they can. What is to stop them? You are trying to use FDCPA and FDCPA does not apply to original creditors in most states. If you do have any thing to complain about at all it would be under FCRA and not under FDCPA. Jason is on the right track here.
Hello Mysti I would contact equifax and request to speak with a floor lead. Then explain to equifax that this is not your card and advise them that the electronic update that nextcard used is incorrect. Also would contact Nextcard and advise them that this is listed wrong. If they believe that it is listed and refuse to change.... ask them if they have a dispute resolution group or department that can handle this issue. ** Your best bet is to work on both issue at the same time.If the creditor refuses and it is listed incorrect advise them that you are going to file a complaint under FCRA. Both parties need to prove that this is yours.... File Complaint : https://rn.ftc.gov/dod/wsolcq$.startup?Z_ORG_CODE=PU01 The Law : http://www.ftc.gov/os/statutes/fcra.htm Good Luck ****
So you are a credit repair organization? $400 a year to send disputes to the credit bureaus eh? I guess you didn't realize that in U.S. v. ICR (International Credit Repair), a case in Birmingham, Ala in which the FTC joined as friend of the court it was ruled that it is illegal to repair anyone else's credit unless you are a non-profit organization. Well, whatever. I'm sure not going to bash you for being a credit repair organization, legal or otherwise. Have fun. We will see if others treat you as badly as some have treated me because they believed that I am a CRO which I am not because I've never repaired anybody else's credit in my entire life.
I am not sure what you are trying to stat ! ! In the US ....the consumer has this right.If this is a internation issue diff laws do apply.
It seems that we are both in the same boat so to speak. I am not sure what you are trying to stat !! either. Sorry about that.
You stated that ICR is illegal unless non profit. Which maybe but a clouded area... I am stating US laws.. that cover laws in the us... **
International Credit Repair is a US based company and I know of nothing they do that is international in scope nor has anything to do with any other country. Maybe they operate in Canada too, but if so I am unaware of that. The decision by the US Federal Court in Birmingham obviously applies to all those who attempt to be credit repair organizations or companies. It stated in no uncertain terms that it is illegal to repair anyone else's credit for pay unless one is a non-profit organization. International Credit Repair (ICR) had a non-profit organization set up which was supposed to do all the credit repair but apparently that didn't hold water either. They were fined over $2million dollars and had to refund all money paid to them for the last year and give free credit repair help to a certain number of people as well. Obviously FTC intends to put all credit repair companies out of business at the earliest possible time. That is one of their stated missions
Obviously FTC intends to put all credit repair companies out of business at the earliest possible time. ==================== Why bill? The END ************************* LB 59
Probably because the government puts out press releases all the time that claim that information on a credit report cannot be removed unless it is inaccurate or false in some meaningful way and both common ordinary people and credit repair companies are proving them wrong every day of the week. Seems like the government don't much like people who prove them wrong and will attempt to prove that what they say is right no matter what it takes to get the job done. Something like the bumper stickers that say that people shouldn't steal because the government hates the competition. (LOL) They don't seem to like the debt consolidation companies any better than they do the credit repair companies either.
I'm really not interested in getting into discussions about what you believe you can or cannot legally do. If you think you can legally operate as a credit repair organization then do so with my blessings. I've been through those kinds of discussions and arguments before an nothing is to be gained as a result. Go in peace and do whatever you please as far as I am concerned.
Bill, While normally your advice is appreciated I have to disagree with you here. Have you heard of the CROA? It outlines how someone can run a LEGAL credit repair business. Being a Non Profit basically means that you are not governed by the CROA. http://www.ftc.gov/os/statutes/croa/croa.htm
although I prefer to do things on my own, i think it's a shame that CRO's would be "illegal". Whether we agree with them or not, it should not be a crime. Obviously there's a lot of questionable practices within that industry, but I think it's wrong that the industry itself should be illegal.
Then disagree with me. I'm not interested in pursuing the arguement pro or con. I am not your judge nor your jury. You want to do credit repair than be my guest. (LOL) I could care less.
