what to do when the CA is dispute

Discussion in 'Credit Talk' started by SilentBob, Sep 14, 2002.

  1. SilentBob

    SilentBob Well-Known Member

    I have a Collection account that Genesis financal is trying to collect. The SOL is about to or already has ran out. Im not sure of the date . Date of last activity on my equifax report is 12/99 and Im thinking the date in which I was last late was before that BUT anyone here is my question.

    I have disputed this account a couple of times in hopes of it not getting verifed and then deleted. The last time I had it verifed it come back as verifed but updated. The update is now that the CA is investigating and the resolution is pending. Now this account was also on my experian report. It just got deleted on that report as they didnt verify in the 30 days.

    What should I do about them and my equifax report?
     
  2. SilentBob

    SilentBob Well-Known Member

    bump
     
  3. LKH

    LKH Well-Known Member

    Here is the applicable law:


    § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

    (a) Duty of furnishers of information to provide accurate information.

    (1) Prohibition.

    (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

    (B) Reporting information after notice and 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.

    (C) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address.

    (2) Duty to correct and update information. A person who

    (A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

    (B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate,

    shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

    (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.

    (4) Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.

    (5) Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.
    (b) Duties of furnishers of information upon notice of dispute.

    (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

    (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.

    (2) Deadline. A person shall complete all investigations, reviews, and reports required under paragraph (1) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) [§ 1681i] within which the consumer reporting agency is required to complete actions required by that section regarding that information.


    My suggestion is that you sent the ca a demand to remove letter based on the relevant rules of this section. Tell them they are reporting unverifiable info and if it isn't removed by xx date, you will file complaints with the FTC, BBB yours and their state atty general as well as referring the matter to your own atty for any possible further action to protect your rights.
     
  4. dmplz618

    dmplz618 Well-Known Member

    SilentBob, I have the same problem with the same collection agency and CA. I am going to try the suggestion given above and see what happens.
     
  5. SilentBob

    SilentBob Well-Known Member

    Sorry to hear that ,. If you would shoot me an email with your details. My email is on. I would like to see if they are trying the same with you that they are with me
     

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