Yeah, I like that approach too. The only problem is that some of the CRA's, particularly the {Evil}EXP is incapable of such meaningles emotions such as sympathy.
Re: Re: results of my dispute letter HELP!! This duplicate post brought to you complements of error message upon hitting submit button. >------------>> LB59 That's right : Never admit anything when disputing
Re: Re: Re: Re: results of my dispute letter HELP!! the FCRA doesnt say 'new': § 611(a)(1)(B) "Extension of period to reinvestigate. Except as provided in subparagraph (C), the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation. " So...is your informing the CRA relevant to the reinvestigation? I'm sure the CRA thinks so. another interesting thing: (A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer. I'm afraid the CRA could use that part in court--and it would hold up--IF you had actually used a third party....which my sister DID. GURUS PLEASE HELP ME IF YOU SEE THIS: I've searched here and I've read all the FTC opinion letters, FCRA, FCBA, FDCPA, etc. Where in the heck does the FTC say CRAs dont have to process disputes submitted by third parties? Is that it in red up there? HELP. thanks
should i start a new thread? how can a CRA claim they are permitted by the FTC to cast aside disputes made by 3rd parties? someone here must know.
Actually, I would put the ball back in their court. Cite the FCRA and the REQUIREMENT for reinvestigation. Then I would be emphatic that I did NOT use a 3rd party vendor, but even so, "there is nothing in the FCRA that eliminates your obligation even when a 3rd party vendor is used!" I would then tell them that their letter is all I need at this point to win $1000 for "willful non-compliance" and that unless they can cite chapter and verse of the FCRA that supports their position, they need to (1) delete the offending TL(s) or (2) inform me of their intentions so that I can have all the documentation I require to enforce their compliance through civil litigation.... the second option will cost you $1000 in the process, so let your legal counsel know that he will need to bring your checkbook!
Re: Re: results of my dispute letter HELP!! thanks for taking pity on me SCmom, lol. I guess the fact that no one here has shown me exactly where the FCRA (or any FTC opinion letters) give CRAs permission to respond like this means THERE IS NONE? (I'm really not as dense as I seem, lol, I'm just trying to make 100% sure.) I've looked everywhere I can think of, and I can't find any reference to 3rd party involvement, let alone whether a dispute from them can lawfully be considered 'frivolous'. "...and that unless they can cite chapter and verse of the FCRA that supports their position..." I like that part. thanks again.
Re: Re: results of my dispute letter HELP!! The only verbiage that I see in the FCRA that gives wiggle room in refusing third party disputes would be. 611 (1) (A) "disputed by the consumer and the consumer notifies the agency directly" Now FACTA adds ", or indirectly through a reseller" But that would only be that if XYZ Corp pulls all three CRA reports, and you dispute to XYZ Corp; XYZ Corp, is required to pass along that dispute to all three CRAs, and all three CRAs are required to act on that dispute. I forget the web site which listed an FTC action against a reseller which is the basis for this amendment to the FCRA.
Re: Re: results of my dispute letter HELP!! The "3rd PARTY" gets it's information from the BIG 3...if something is WRONG...IT IS DEEMED TO BE CORRECT BECAUSE YOU GOT THE INFORMATION FROM A 3rd PARTY??? HUHHH???
Re: Re: results of my dispute letter HELP!! GEORGE: I said nothing about the information being assumed to be correct. I said that, under a literal reading of the FCRA, the CRAs could technically deny any third party disputes, because they are not "disputed by the consumer and the consumer notifies the agency directly" FACTA adds the ONLY EXEMPTION to the "CONSUMER NOTIFIES THE AGENCY DIRECTLY" clause, by requiring resellers of credit reports to pass disputes received to the CRAs, and the CRAs to accept those disputes, AS if they were submitted ot them by the consumer directly. A reseller is defined as a company which obtains the reports from other CRAs, and then compiles them for their own reports. If you get denied because of a report based on a reseller; and dispute it with the reseller like you would with any other CRA; *NOW* the reseller has to pass that dispute on to the CRAs that contain the disputed information; and the CRA has to accept your dispute to the reseller, as if it was your dispute to that CRA personally; EXCEPT that when they mail the results of the investigation, it goes to the RESELLER, instead of to the consumer; who then has to pass the results on to the consumer. I've spent way too much time reading through the new FCRA today...
http://www.ftc.gov/ro/chro/croa1.htm SEC. 404. PROHIBITED PRACTICES.(6) (a) In General.--No person may-- (1) make any statement, or counsel or advise any consumer to make any statement, which is untrue or misleading (or which, upon the exercise of reasonable care, should be known by the credit repair organization, officer, employee, agent, or other person to be untrue or misleading) with respect to any consumer's credit worthiness, credit standing, or credit capacity to-- (A) any consumer reporting agency (as defined in section 603(f) of this Act);(7) or Still doesn't say anything about frivolous or irrelevant. But when have you met a CRA that complies with the FCRA? Therefore it is logical to assume that they will also use their own intrepretation of the CRO Act.
Re: Re: results of my dispute letter HELP!! I have been saying this since day 1 and I get shot down every time. Stop using these standard form letters! The CRA's have seen them all. Soparkdiva ================= Great then use it to your advantage, >------------>> LB59
Re: Re: results of my dispute letter HELP!! I have been saying this since day 1 and I get shot down every time. Stop using these standard form letters! * The CRA's have seen them all. Soparkdiva ================= *-Great then use it to your advantage, >------------>> LB59
Re: Re: results of my dispute letter HELP!! 1*A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer. 2**I'm afraid the CRA could use that part in court--and it would hold up--IF you had actually used a third party....which my sister DID. Where in the heck does the FTC say CRAs dont have to process disputes submitted by third parties? Is that it in red up there? HELP. crowmom ************************************************************************************************************************************************************************* 1*If this were so then you couldn't have your lawyer go to bat on your behalf. I don't think they can legally interfere with your right to hire a lawyer. 2**I'ts still a dispute directly instigated by the consumer. I think what they are talking about is another party disputing without any participation or direction of the consumer. >------------>> LB59
Re: Re: results of my dispute letter HELP!! I said that, under a literal reading of the FCRA, the CRAs could technically deny any third party disputes, because they are not "disputed by the consumer and the consumer notifies the agency directly" jam237 ================ So what would you say would be an example of a consumer disputing indrectly? >------------>> LB59 http://www.send4fun.com/telephone.htm
