The CRA's and a challenge question

Fuba,

Did you use the same reason for disputing the tradeline twice. I noticed that If you dispute a tradeline say for the first time. and you use the reason "amount incorrect". the account comes back verified and you turn around and dispute it again with this same reason, they call it frivilous. This happen to me a few times, until I started using a different reason each time. It seem to work for me. Maybe if you try disputing it again use a different reason why you are disputing it.

kathy

 

Fuba,

If the CRA did not declare your dispute frivolous, the 30 day rule still applies. Wait until the 30 day period has expired and send the CRA a certified letter demanding deletion of the disputed item since they did not complete the dispute investigation within the 30 day window. Declaring your dispute frivolous (or you sending them additional information) is the only circumstance that releases the CRA from the 30 day investigation completion requirement. State this in your letter along with the FCRA citation and threaten to file suit if the item is not deleted.

 

You must provide *NEW* information.

Do you change the dispute each time. ie: "Not Mine", then "Wrong DOLA", etc...?

TU is famous for this!

 

TELL THEM THE CREDIT LIMIT IS WRONG...that's how I lost my AMEX BLUE account on EXPERIAN...NOT my idea!!!

I WANTED $15,500...NOT N/A AS THE CREDIT LIMIT!!!

IT'S STILL NOT BACK (6+ MONTHS)!!!

 

Dear Fuba,

May I suggest a reading of the Cushman Vs. TU case, it's at: http://www.proselitigant.net/wwwthr...umber=10&page=0&view=collapsed&sb=5&o=0&part=

Here's a clip:

We now turn to the questions of a consumer reporting agency's obligations pursuant to § 1681i(a) and a plaintiff 's burden of proving a claim of negligent noncompliance with that section. TUC contends that § 1681i(a) did not impose on it an obligation to do any more than perform the reinvestigation it performed in this case. That is, TUC believes that when a consumer informs a consumer reporting agency that information contained in her consumer report is inaccurate, the consumer reporting agency is obliged only to confirm the accuracy of the information with the original source of the information. According to TUC, it is never required to go beyond the original source in ascertaining whether the information is accurate.

This position has been rejected by the United States Courts of [**10] Appeals for the Fifth and Seventh Circuits. See Henson, 29 F.3d at 286-87; Stevenson v. TRW Inc., 987 F.2d 288, 293 (5th Cir. 1993). In Henson, a state court judgment docket erroneously stated that an outstanding judgment had been entered against the plaintiff. Two credit reporting agencies included the erroneous entry on their consumer reports regarding the plaintiff. See Henson, 29 F.3d at 282-83. The plaintiff sued those credit reporting agencies pursuant to both § 1681e(b) and § 1681i. See id. at 284, 286. Section 1681e(b) requires consumer reporting agencies "to follow 'reasonable procedures to assure maximum possible accuracy' of the information" contained in the credit report. Id. at 284 (quoting 15 U.S.C. § 1681e(b)).

The Seventh Circuit upheld the district court's dismissal of the § 1681e(b) claim. See id. at 285-86. However, the court reversed the district court's dismissal of the § 1681i claim, distinguishing between the duties imposed by the two sections of the statute. It stated:

A credit reporting agency that has been notified of potentially inaccurate information in a consumer's credit report is in a very different position than [**11] one who has no such notice. . . . [A] credit reporting agency may initially rely on public court documents, because to require otherwise would be burdensome and inefficient. However, such exclusive reliance may not be justified once the credit reporting agency receives notice that the consumer disputes information contained in his credit report. When a credit reporting agency receives such notice, it can target its resources in a more efficient manner and conduct a more thorough investigation.


Happy Reading and don't take no prisoners,