Question on Old Posting

Discussion in 'Credit Talk' started by TallSmith, Jan 21, 2004.

  1. TallSmith

    TallSmith Well-Known Member

    Here's something written by Lizardking & Butch awhile back.
    The question is, does this directly correlate with my situation? See below with Butch and Lizardking first and then my situation:

    quote:
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    Originally posted by Butch

    Here's the caveat; If you notify the CRA the CRA will begin an investigation by contacting the OC. This provides an opportunity for the OC to put the account "in dispute" notation in your file which you DO NOT want.

    Forget that! Just as soon as you have your violation on the OC file and get a case number. Bypass the CRA altogether.

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    As someone who has sued an OC, I must disagree with that advice.

    Under the FCRA, you cannot sue a provider of information (OC) unless you have first attempted to dispute it with the CRA. Only after that CRA dispute process has not resolved it, can you file against the OC for a FCRA violation.

    Trust me on this. It was in their motion for dismissal and I had to file an amended complaint.

    Once I made clear in my amended complaint that I had already tried to dispute it through a CRA prior to suing, then the OC lawyer knew that I was prepared and that I knew the law. Then we settled out of court for $1,000.

    Lizardking


    I sent letter disputing OC entry on an old c/o acct and then disputed with CRA. The CRA reports back that the OC confirmed their entry. However, the account was settled in full and I have a letter stating this from the OC. Now I get a letter from the OC saying they can't locate my account........after they have verified it with the CRA. Suggstions????
     
  2. TallSmith

    TallSmith Well-Known Member

    <bump> for one of those that knows the answer
     

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