I am new to repairing my credit and have started taking the steps that I have read here. I am disputing credit card accounts that I know are not mine with the CRA's and the OC. I sent out my certified mail and all my greens cards have since returned. Yesterday I received my first response from TransUnion; which was not a response but some type of form letter. Basically stated some basic policy and information for as to how and why they can report items. The next page gave me a list of all my creditors contact information, telling me that I can contact them with regards to the information they are reporting to them. From what I understand, this is not a validation, nor did they make any attempt to contact the OC or CA's to verify any of the information they are reporting. 1) Should I respond to the CRA now? Wait until the 30 days then respond? What should my response now be? I have also sent out ITS letter to a CA for re-aging an old Sprint PCS bill from 2001. Was I right to do so? Last, I sent out and ITS letter to SBC for pulling my credit report without having my permission? Was I right to do so? Any help from all that are out there would be greatly welcome! Thanks again for all the help!
if these truely are not your accounts have you reported that this is a case of fraud to the CRA's. also OC's are not required to respond within any set time frame and are not bound by the FDCPA but instead by the FCRA which is a little differant. JD
No I have not reported them as fraud to the CRA's. I know that they are not my accounts, however, a family member used my SSN without my knowledge and even though that hurt, I am not looking to get them in trouble. Therefore I am requesting the validation because I know they don't have my signature on anything, and hoping they can't validate and therefore need to drop them off. Unfortunately if that does not work, then I will need to consider the fraud notification aspect. Thanks for your reply!
"I am disputing credit card accounts that I know are not mine with the CRA's and the OC." -Unless your state law allows it, there is no consumer "right" to dispute an account with the original creditor. ONLY AFTER you have disputed the account with the credir reporting agency, does the consumer protections of FCRA 623 apply "Yesterday I received my first response from TransUnion; which was not a response but some type of form letter" -Trans Union will send a "reply" letter after they receive your dispute. THIS IS CONFIRMATION THEY HAVE RECEIVED YOUR REQUEST. It should be kept along with the return receipt as evidence. "From what I understand, this is not a validation, nor did they make any attempt to contact the OC or CA's to verify any of the information they are reporting." -You are correct. It is mearly a courtesy reply. VALIDATION is not done through the credit reporting agency. THE dispute, only requires the credit reporting agency to contact the "furnisher of information" and provide them with the "dispute" info. "1) Should I respond to the CRA now? Wait until the 30 days then respond?" -You kinda have to. They have 30-45 days to complete the cinvestigation. "I have also sent out ITS letter to a CA for re-aging an old Sprint PCS bill from 2001. Was I right to do so?" -What authority did you cite for your "suit". Be aware that the federal statutes ALSO protect the collection agencies from "bad suits". SO unless you have done your homework on the law, intent to sue letters do little but set your "story" in stone. "Last, I sent out and ITS letter to SBC for pulling my credit report without having my permission? Was I right to do so?" -Why did they not have your permission? And was it for promotional purpose PRM ?
hiding90, Thanks for your response. My ITS letter stated that re-aging was in violation of the FCRA, section 605(a) based on the FTC's Amason letter, section 2. Is this correct? SBC pulled a hard inquiry when I set up my new telephone service. On the phone they asked for either my SSN or Drivers License #. They specifically told me that they would pull or run my credit if I gave them my SSN instead of my DL. So I gave them my SSN, and they ran my credit without my permission, therefore I think they are in violation of FCRA 604 & 616. Correct?? Agian, thanks for your time!
"My ITS letter stated that re-aging was in violation of the FCRA, section 605(a)" -FCRA 605 (a) ONLY pertains to Credit reporting agencies: "(a) ....no consumer reporting agency may make any consumer report containing any of the following items of information:" "(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(1)" THIS is not a "furnisher" (SPRINT) violation. "..based on the FTC's Amason letter, section 2. Is this correct?" "http://www.ftc.gov/os/statutes/fcra/amason.htm" -This letter, and section 2, discusses whether the 7 year reporting period is "a time set in stone", or can actions by the consumer somehow "reset" (re-age) the 7 years. The simple answer is NO. -The 7 year reporting period starts from the original date of delinquency (give or take a few months) -Re-aging an account can be covered under a few other sections: -FCRA 623 (b), allows a consumer to take action against a collection agency, OR original creditor (furnishers of information) for failing to conduct a proper investigation ONLY after you send a dispute to the credit reporting agency FIRST. " (1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall -611 (a)(2) is the "disute process" with a credit reporting agency. (A) conduct an investigation with respect to the disputed information; (B) review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i]; (C) report the results of the investigation to the consumer reporting agency; and (D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis." "http://www.ftc.gov/os/statutes/fcra.htm#623" MAKE SURE YOUR DISPUTE LETTER WAS "DISPUTING" the "original date of delinquency" and not identity etc. You may have to start over with a "fresh" dispute if it had not been clear before. Sending a "courtesy copy" to the original creditor wouldnt hurt either. Although not actionable, it will be beneficial in court "SBC pulled a hard inquiry when I set up my new telephone service." -I am not sure where this "hard" and "soft" inqury business came from ANY inquirie HAS TO BE PERMISSIBLE! And under the FCRA, the consumer DOES NOT HAVE TO SHOW DAMAGES. So the argument of "well it was not a hard inquirie, so its not a violation caus I cant show damages" is wrong Remember, this is a PRIVACY issue, whether you have "Actual damages" or not. "On the phone they asked for either my SSN or Drivers License #. They specifically told me that they would pull or run my credit if I gave them my SSN instead of my DL. So I gave them my SSN, and they ran my credit without my permission, therefore I think they are in violation of FCRA 604 & 616. Correct??" - I am confused, did you give them your DL or SSN? -If you gave them your DL BECAUSE you did not want the report ran, and they made it clear they would not run a reoport, they MAY be in violation of 616 (B) : "(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;" -BUT, it is a hard arguement when it is their policy to run credit checks on customers. You would have to get copies of their policy etc.
Unless your state law allows it, there is no consumer "right" to dispute an account with the original creditor. ONLY AFTER you have disputed the account with the credir reporting agency, does the consumer protections of FCRA 623 apply hiding90 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> So how do you dispute with the CRA when the OC isn't reporting?
Re: Re: Validation & intent to sue ??? -what would be the NEED to do anything if they were NOT reporting? -I may be a little confused on the question
hiding90- I gave SBC my SSN; however, they specifically told me it was for their files for information and that they would not be pulling my credit. I specifically told them that I did not want to pull my credit pulled as well. Thanks!
hmmmm.. This may come down to "he said he said". Unless the conversation was recorded, its kinda a moot issue. The inquirie probably did little to effect your score. I am at a loss to what else you could do..Let me go and re-read the entire thread and see if anything popsinto my head
1*what would be the NEED to do anything if they were NOT reporting? -I may be a little confused on the question hiding90 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> 1*Prevention and avoiding geting screwed with jacked rates. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
