I don't see why TU would ever let this go to court. When it is so simple for them to just delete. Remember the debt and the CA are no longer part of the picture. If they did not investigate in 30 days, they must delete. Making them think you are CRO could really help get rid of a stubborn TL or a BK. You can get it removed on a technicality, just like when you see someone walk out of jail because the evidence was initialed in the wrong place or some crazy thing. Im a doing this right now with TU for an Attention, LLC medical collection on my DW2B's report. Post Thanksgiving CHOD, 30 days are already up. And she was just disputing the DOLA, but now we will get rid of the enitre TL. Once I got the 'you are using a CRO letter' I knew I had them. Sh!theads!
Re: Re: TU's "You are using a CRO response" Agreed on point 1, but on point 2, CRAs interpret that letter as "additional information" that extends their 30 day deadline by 15 days! Wait out the 30 days!
Re: Re: TU's "You are using a CRO response" By any chance, would you point me to that part of the FCRA? 'Cause I think you're dead wrong this time, lbrown ... [color=0066FF]§ 611 (a) (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.[/color] So, if it's your name on the dispute letter, it means it's you notifying the agency, no matter what form is used for the letter. Period.
Re: Re: Re: TU's "You are using a CRO response" I received the same letter "implication of using a CRO" I delayed responding because of that exact clause - I figured they would misconstrue it as "additional information". Pulled PG on 30th day, noticed changes were made and I received investigation results, and updated CR on the 35th day. Just my $0.02, which after inflation isn't worth much...lol Shorty
Re: Re: Re: Re: TU's "You are using a CRO response" It ain't worth a nickel inflation or no inflation ;LOL
Re: Re: Re: Re: Re: TU's "You are using a CRO response" I know.....lol *But they say the first step to getting help is admitting you have a problem* lol Shorty
Re: Re: Re: TU's "You are using a CRO response" quote: -------------------------------------------------------------------------------- Originally posted by lbrown59 the FCRA says they must investigate or delete unless you used a CRO. --------------------------------------------------------------------------------You misquoted me as this isn't what I said . <><><><><><><><><><><><><> This is what I did say. A world of difference of wording and meaning. ..
And ... there's the magic word; (3) Determination that dispute is frivolous or irrelevant. (A) In general. Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information. Short of filing suit, I'm not quite sure how to deal with it. .
Here's what I've been thinking. This is the letter provided by the FTC. If we emulate this letter, pretty much word 4 word, and put the letters "source" in your original dispute, they should think twice about claiming frivolous. Date Your Name Your Address Your City, State, Zip Code Complaint Department Name of Credit Reporting Agency Address City, State, Zip Code Dear Sir or Madam: I am writing to dispute the following information in my file. The items I dispute also are encircled on the attached copy of the report I received. This item (identify item(s) disputed by name of source, such as creditors or tax court, and identify type of item, such as credit account, judgment, etc.) is (inaccurate or incomplete) because (describe what is inaccurate or incomplete and why). I am requesting that the item be deleted (or request another specific change) to correct the information. Enclosed are copies of (use this sentence if applicable and describe any enclosed documentation, such as payment records, court documents) supporting my position. Please reinvestigate this (these) matter(s) and (delete or correct) the disputed item(s) as soon as possible. Sincerely, Your name Letter Source: FTC - http://www.ftc.gov/bcp/conline/pubs/credit/bbcr.htm Enclosures: (List what you are enclosing) And then, if they pull this crap, sue them. .
determine if you are using a CRO or not, and sometimes business decisions are wrong. In these cases their wrong decision is going to get the TL deleted for you, and maybe even get you a $1000. If I am missing something here please chime in. Greg ============= Wait till the their 30 days are up and send its for ignoring the dispute. Just because they claim use of a CRO don't give them the right to ignore the dispute. Even if you did use one it don't give them grounds to break the law. ..
§ 611 (a) (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. Ok, I just had a little light bulb come on... what if we stop looking at this as credit-netters for a second, and think like the people who wrote this stuff. (humor me) what if the part in red up there simply means the consumer notifies the agency directly as opposed to notifying someone else directly. (i.e. the source of information, your mortgage broker, Equifax instead of its affiliate, the BBB, Planet Feedback, the FTC, or even a third party provider like Credit Expert., Privacy Guard, etc.) maybe thats what the word 'directly' means. anyone get what I'm saying here?
dh got this letter when we disputed items on his credit report. We didn't send the dispute letter cmrr..are we screwed because we didn't send it CMRR? (The original dispute letter was signed in ink by him.) and I have the letter from TU refusing to investigate because we used a CRO so our dispute was frivolous, it's dated Dec. 11th. He called TU on Monday and was told that they didn't investigate his dispute because he used a third party cro. He hung up without another word and we're getting ready to send out an ITS letter CMRR tomorrow. Are we handling this correctly? daisy
*****Wait till their 30 days are up and send its for ignoring the dispute if they haven't deleted or corrected the item. Just because they claim use of a CRO don't give them the right to ignore the dispute. Even if you did use one it don't give them grounds to break the law. PS:Don't send the ITS tomorrow if their 30 days to investigate aren't up yet!
Well ... good question Daisy. Let me ask you, are you prepared to follow up with a suit? Because you'll probably have to. I'm still racking my brain trying to figure the best way to handle these, AFTER THE FACT. I mean I know how but I can't get everyone else to do it. And that's to have your original dispute notarized. What do you think would happen if they did investigate? Think it would get deleted? ???
