What's wrong with "frivolous"!?

Discussion in 'Credit Talk' started by runawayjim, Aug 29, 2003.

  1. runawayjim

    runawayjim Active Member

    There is a letter in the sample letter folder that is a response to a CRA accusation that you are using a Credit Repair agency. Why is it necessary to send this letter? If the CRA indeed does only send this accusation and fails to actually verify the item you are requesting, wouldn¡¯t it be better to wait the 30 days and have them be in violation of the FCRA for failing to remove an item? Who cares what their reason is for failing to verify (i.e. forgot about you, lost in the system, think you¡¯re working with a CRO, etc.).
  2. jlynn

    jlynn Well-Known Member

    Because frivolous is an accepted reason to not proceed with a dispute per the FCRA:

    (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.

    (B) Notice of determination. Upon making any determination in accordance with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency.

    (C) Contents of notice. A notice under subparagraph (B) shall include

    (i) the reasons for the determination under subparagraph (A); and

    (ii) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.

    GEORGE Well-Known Member

  4. rhondak

    rhondak Well-Known Member

    But the law doesn't state what a good cause for determining whether or not they can call a claim "frivolous"? That bites.

    Seems like a huge loophole for them to jump through to keep from verifying.
  5. rhondak

    rhondak Well-Known Member

    ...and if you're telling them "it's not mine" how the heck to they expect you to have any "further information" or "documentation"? That doesn't even make sense.
  6. lbrown59

    lbrown59 Well-Known Member

    THE END ** *** ** LB 59
  7. lbrown59

    lbrown59 Well-Known Member

    If you're telling them "it's not mine" how the heck do they expect you to have any "further information" or "documentation"?
    1*That doesn't even make sense.
    1*Credit reporting isn't about making sense; it's about scaming the public.
  8. rhondak

    rhondak Well-Known Member

    That is it in a nutshell.

    I have been so ignorant about all of this until recently (until coming here and other sites) when I actually needed credit and didn't have it.

    It literally makes me sick to think about all the people who still don't know.

    I remember several years ago, my sister calling me crying saying a collector was threatening to garnish her wages if she didn't pay her husbands student loan (not a fed loan, trade school loan) My sister is handicapped and makes $7/hr (waived her rights to SS and decided to work) and signed nothing for her (now ex) husband's student loans. (Oh yeah and he was on ss, no job, that's why they went after my sister)

    I PAID THE DAMN THING OFF FOR HER because they upset her so much. God, if I had known then what I know now.
  9. Butch

    Butch Well-Known Member

    Re: Re: What's wrong with "frivolous"!?

    Dear Sirs,

    Although I paid this stupid thing off, there now arises a serious doubt as to the debt's authenticity. Please provide complete validation.


    Just thinkin out loud Rhonda.
  10. rhondak

    rhondak Well-Known Member

    Re: Re: What's wrong with "frivolous"!?


    That school is out of business now.

    It just really torques me off when I think about it now.
  11. rhondak

    rhondak Well-Known Member

    Re: Re: What's wrong with "frivolous"!?

    ...and the jerk never did work one day in the field he went to school for. Hell, he never worked one day in ANY field that I know of. Just took my sisters very small paychecks and blew them, somehow ran up $30K in CC debt she didn't even know about - that's when she finally divorced him and filed BK SEPARATELY.

    The a--hole then was trying to send his utility bills to my mom, who promptly sent them back.

    but I digress - insomnia sucks - I'm just ranting now.

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