I just have a fast question - When disputing with the original creditor (say Providian, for example...) - when they get your dispute, they have to add a notation to your credit report that the item is being disputed, right? And if they don't, they are in violation, right? If so, what is the next step one should take if they have not added the dispute notation? Thanks.
There is nothing that states the OC must immediately report to the CRA that the account is in dispute. What I gathered from reading 623 is the next time the OC reports they MUST add the notation that the account is in dispute with the consumer. I have not had one OC who actually reported this to a CRA. Here is what I do..... 1. Send out validation letter to OC stating you are in full dispute over the alleged tradeline on "eq/tu/ex" Credit report. Send it US Mail Certified return receipt for proof. 2. Dispute the tradeline with the CRA. Wait the 30 days and see if it comes back verified. If it does then it must say on the new reporting "Consumer disputes account with creditor" or something to that specific wording. If it doesn't you have just nailed the OC for failure to report an account in dispute. You can then mail the OC and intent to sue letter based on their validation with the CRA and failure to mention this little detail. It has worked for me several times. Make sure you contact the CRA for the exact address and contact info for who is reporting the tradeline. This is the address where you will send your dispute/validation letter to. You then have proof from the CRA's of the address and a new copy of your credit report showing the date of last reporting and with no notation of dispute. Send the OC copies of this with your lawsuit. It will be deleted! Say Bye! Bye! Tac
i went back and read this again and I think I see what you're saying now. First I dispute it with the OC - then with the CRA. When the OC verifies with the CRA, it must then show that it is in dispute. Ok. That makes sense. So, how many days should I wait in between sending my letter to the OC and disputing with the CRA?
Has this worked for anyone? Please help... I have disputed off everything I can except for three charge-offs. I would pay for deletion - but none of them will agree to it and I don't want to restart the 7 year clock.
Tell me where in this rule it says the next time they report:What the rule says is if it is reported, and then disputed, the notice of dispute MUST be placed on that acct. (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.
So... if they don't note the account is in dispute, then they are in violation and I can go the "intent to sue" route and ask for deletion, right? I'm just at my wits end. Some of you lucky ones who have had charge-offs deleted - how did you do it? Of if you have had any luck in negotiating a pay for deletion, how did you go about it?
If you send a dispute letter to a furnisher of info, they must put a notation on the report that the consumer disputes the acct. Period. If you have the proof to back up your allegations, and you are willing to follow thru, then go ahead and send your letter.
Well, I am not disputing that the accounts are mine. They are - and I know they are - and I would pay for deletion if they would agree to it, but what I will dispute is that all three CRA's have different balances and different dates for each of the charge-offs. So that is going to be the basis for my dispute. If they do note that the accounts are in dispute, and if they do ever figure out what I actually owe - then I will beg and plead for deletion with payment in full. These are the last three derogs on my credit reports... but they all weigh heavily on my scores. I need 17-30 points to get each of my three scores into the 600's.
It's in the letter section here. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=163679#post163679
LKH the letter you post does not address the question of posibly getting a deletion for lack of adding "consumer disputes" I think she was asking for a deletion strategy, possibly through the oc not verifying acount in dispute.
It has worked for me at least 4 times in the past several months. I send the OC a validation letter stating I am in full dispute over the account and the information they are reporting. I do not go into specifics about what I am disputing but rather want proof of the info they are reporting about me because I know certian aspects are false. I then immediately dispute the item with the CRA. Within 30 days you will know if the OC has followed the law and tells the CRA you are in full dispute over the account. None have EVER done this, so your chances of catching them on a violation are very, very good. When I hear back from the CRA in writing I then mail the OC another letter this time stating their violations and a copy of the lawsuit that is to be filied if they do not delete. Some OC's have gone down to the wire and waited until the day before or day of to contact me and tell me they agree to delete in exchange for dropping the lawsuit. I would have sued if they did not delete as they did violate the law. All 4 of these accounts I owed several thousand dollars to and all were charge offs. I will also state that they were all past my state's SOL for me to be sued on them. Give it a try because I know it works! It will take alot of time and persistance on your part to get them to delete. In my opinion a copy of the lawsuit is the clencher. Tac
tac, you ae right it haS been five months since I started dealing with the OC . I have filed suit and have papaers being served.so you are telling us that they will most likely wait to the very last minute to agree to deletion they actually verified my account five times with out any consumer dispute notation. Iam prepared to sue them. Thank for sharing your experience. I hope you are right. But if they do not delete I am prepared to sue for five thousand dollars 1000 per time they validated with out consumer disputes.have all my credit reports and several green cards. I sent them a copy of the court papaers with court number and they only verify with notation now. But still no change. yet. Hope your right! thanks Oh yeh they have cuased big damages this is the only negative on my account.
