Thought on Disputing with OC's..

Discussion in 'Credit Talk' started by Shorty-red, Feb 11, 2004.

  1. Shorty-red

    Shorty-red Well-Known Member

    I've read tons of threads and done numerous searches for disputing with OC's. While analyzing the FCRA, since the FDCPA doesn't apply, I had a thought....didn't everyone see the smoke (LoL).

    Based on the following sections of the FCRA........

    623(a)(1)(B):
    Reporting information after notice of confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

    (i)the person has been notified by the consumer at the address specified by the person for such notices, that specific information is inaccurate; and

    (ii) the information is in fact inaccurate[/color]

    Also,
    623 (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.

    Would it be possible to demand verification and/or investigation of the alleged debt directly through the OC??

    It doesn't specifically say that they HAVE to provide anything, but that they must investigate. Couldn't thi be taken as they must also be able to prove it in some way - for example, if it should reach litigation.

    Anyone else got any thoughts on this?

    Shorty
     
  2. jlynn

    jlynn Well-Known Member

    623(a) is not actionable by a consumer.
     
  3. Shorty-red

    Shorty-red Well-Known Member

    Actionable as in we can't sue them on a violation of it, right?

    But, can we still dispute it based on that section, then if they violate, file a complaint with the FTC?

    I have 3 CC's, not mine, charged off in 2000, still in state's SOL, I believe I have succeeded in having the CA's deleted, and was trying to think of a way to prevent waking this sleeping giant. SOL isn't up until 2/2006

    Shorty
     
  4. lbrown59

    lbrown59 Well-Known Member

    << I have 3 CC's, not mine, charged off in 2000, still in state's SOL,
    SOL isn't up until 2/2006
    Shorty-red
    ><- <>- ><- <>
    If it's not yours SOL don't matter.

    ><- <>- ><- <>
    Con artists prey on stressed-out debtors
    http://immediamail.net/ct?id=22215&urlid=16303&lid=18&nlid=15&sid=1540&cid=617&oop=p

    >>
     
  5. jlynn

    jlynn Well-Known Member

    Correct

    Don't hang your hat on the FTC. They won't do anything but stick it in a file until they have a large enough group of similar to investigate.

    I have to agree with LB. If they aren't yours why are you worried about the SOL and waking them up? I would want them wide awake as you scream remove this erroneous TL!
     

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