Help!! Mindcrime, Jam??? Calling my credit experts! I have an issue that I need help with... The long and short of it is that a creditor keeps insisting that they are legally required to report to the CRAs (which we all know isn't true), and she's telling me that they can't remove something. I would have to PM you the emails, but her last one threw me for a loop and I don't know how to respond!!
Mam, The law doesn't require anyone to report anything to anyone. It only requires that anyone who chooses to report something to someone, and reports anything other than 100% complete, accurate and verifiable information, can and will be held financially liable to up to $1,000.00 per disputed tradeline, so if you choose to report to all 3 CRAs, and make as much as a single reporting error, I will sue you for up to $3,000, per dispute. Now, if you want to write me out a $3,000 check every month, I am certainly not going to refuse it.
Thanks Jam!! That's what I said pretty much, and she came back with "Yes, there is a law in place. The Connecticut General Statutes for Credit Bureau Reporting is : 52-362d(b) Non-custodial parent owes overdue support in an amount of $1,000. Upon payment of your order, Child Support stop reporting you and therefore has nothing more to do with it unless you go delinquent again. The credit agencies continuing to post information stating the status of the order is something you would need to take up with whatever credit agency is reporting the information through a Consumer Dispute. Again, I will send your zero delinquency notice to the address on our system/the address you have provided below." I looked up the "law" she referenced and it doesn't really address the issue at all... Just says they can report if you are in arrears
You would want to include that law, and the key word, CAN... Emphasize that if the information isn't deleted, you will sue, and each suit is for $1,000 per tradeline, goal is to make it more expensive to be on your report, than off of it.
Busy week for me but.........I second jams suggestions. Ultimately you want to instill in the creditor that you will see this through till the end and that if it takes a lawsuit, then that's what you'll pursue and really isn't it easier just to delete and make you go away than potentially losing thousands (tens of?) for a tradeline that reporting it on the consumer won't benefit them anyway?
What would the lawsuit be on the basis of?? It's for Child Support... When his account was first open it was late for about 6 months because the courts transcribed his address wrong and he never got notification of it... As soon as they found his right address and told him he was in arrears he paid right away. Anyways, he was in fact late so I'm not sure what we could sue them for?
If there is false information, and you dispute that false information with the CRA, and it's not updated with 100% complete, accurate, and verifiable information, it's a violation of 623(b) of the FCRA. You don't have to have a case now, but should any of the information remotely be incorrect in the future, you want them on notice that you will sue, and it's for an amount that snowballs. Up to $1,000, per tradeline, per dispute, per credit reporting agency.
