TU's Failure to Notate

Discussion in 'Credit Talk' started by charlieslex, Oct 29, 2002.

  1. charlieslex

    charlieslex Well-Known Member

    Has anyone had any luck lately fighting TU with "an intent to sue" for failure to notate dispute? I have one derog left with TU. My file is with their special handling unit, result of BBB complaint (stupid waste of time). I know that it's a blatant violation, but I don't know if they will still go down easy or not. Charlie
     
  2. javan

    javan Well-Known Member

    I brought this up with Mr. Richman. His response was that I was confused between the *duties* of those that give them the info versus TU's duties. I also asked about the fact that TU list's entire account numbers on their reports. His response was that TU will list the info *anyway they want to*.

    good luck
     
  3. christi523

    christi523 Well-Known Member

    It is my understanding that the company who is reporting the info is the one to mark the account in dispute, not the CRA.
     
  4. charlieslex

    charlieslex Well-Known Member

    Not when you dispute with the CRA. Charlie
     
  5. JohnM

    JohnM Well-Known Member

    Charles,

    I thought the reason we send disputes to the CA first, get green card and then dispute with the CRA is that it is the CA's duty to report that you had previously disputed with them.

    To follow your logic we could NEVER sue a CA over "failure to report dispute" if it is the the CRA who is responsible for noting the dispute.

    I have to disagree on this one.


    JohnM
     
  6. charlieslex

    charlieslex Well-Known Member

    If you dispute an item with a CRA the CRA must notate the item in dispute. If you will check EQ they will notate the item in dispute. They are the only ones. EX will if you dispute online. TU's software does not have the capabilities to notate an item in dispute. Charlie
     
  7. JohnM

    JohnM Well-Known Member

    The CRA notice of "consumer disputes this item - reinvestigation in progress" is on the account only until the dispute either comes back as "verified" or the accout is deleted after the investigation.

    This is a temporary dispute notice the permanent notice of "consumer disputes this item" can only be added by the CA and remains with the account until it ages off your credit report

    We may be mixing apples (temporary note) vs oranges (permanent notation). I agree that the apple is a CRA note the orange can only come from the CA, who must place that when verifing the account.

    TU's software lacks the ability to add this temporary notice but is capable of compling with the required CA added permanent notation.



    JohnM
     
  8. tracyb0313

    tracyb0313 Well-Known Member

    I think only EXP does this right. After your dispute comes back verified, THEY note it as item disputed by consumer. That's the CRA, not the CA or OC. When the creditor goes in and notes the account it says Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act). If EXP can do it right, why can't the other 2??
     
  9. charlieslex

    charlieslex Well-Known Member

    John M, That's my whole point. IT IS A VIOLATION not to notate an item WHILE IT IS BEING INVESTIGATED. Charlie
     
  10. JohnM

    JohnM Well-Known Member

    Charlie,

    I went back and read the FCRA section regading info in a credit report:
    That seems to say that the the CRA must note the fact and keep that notation on regardless of the outcome of an investigation. They might claim the notation "this imformation was verified on date xx/xx/xxxx and remained unchanged" implies a dispute and gives the results. But I change my opinion and agree with you the CRA does have an obligation to note the account as "Consumer disputes".

    Good call, Charlie!

    JohnM
     
  11. charlieslex

    charlieslex Well-Known Member

    John M, That's what we're here for to learn. Technically, you can use this to sue either TU or EX(except when doing an online dispute). EQ abides by the law from what I've seen. Charlie
     
  12. tracyb0313

    tracyb0313 Well-Known Member

    Charlie, doesn't EXP follow the law? On my reports, they are all noted correctly. On EQ, it tells you if a TL is in dispute, but when the dispute is over, it doesn't note anywhere that it has ever been in dispute.
     
  13. charlieslex

    charlieslex Well-Known Member

    I don't know if EX has changed or not. The only way it used to be notated was when it was an online dispute. They may have changed their software. Charlie
     
  14. humblemarc

    humblemarc Well-Known Member

    Please search for "Marie"''s letter to win easy lawsuit deletions from TU. They ARE supposed to mark "in dispute" and they know this. Mr. Richman is handing you a load of sh**, hoping you won't catch them on this and many other violations they commit regularly.

    They are an easy target for a lawsuit in my opinion.
     
  15. charlieslex

    charlieslex Well-Known Member

    humblemarc, That's the info that I was looking for. Thanks. Charlie
     
  16. JohnM

    JohnM Well-Known Member

    Charlie,

    The way I read the FCRA text that I quoted above, the dispute notation should remain on the TL, both EQ and EX remove the "in dispute " note after it is verified, this DOES seem to be a violation.

    JohnM
     
  17. charlieslex

    charlieslex Well-Known Member

    The 2 negs that I have on EQ are both notated after they verified. I'm sure that you are right. Maybe I'm a RNG, as GEORGE says. Charlie
     
  18. JohnM

    JohnM Well-Known Member

    Charlie,

    I have been lucky in that all my disputes with EQ have ended with the derog either deleted or updated to reflect a positive status (hence no notation was needed).

    I have one EXP account that has been disputed three times and it is not noted as "in dispute" it shows "this account was verified on date xx/xx/xxxx and remains unchanged", and of course my TU (TU=Totally Useless?) disputes have never been noted.


    JohnM
     
  19. charlieslex

    charlieslex Well-Known Member

    John M, It looks like it time for "Intent to Sue". Good luck! ;) Charlie
     

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