Who wants to test their skills???

Bump

If the CRA's moved any slower............well then, they wouldn't be moving very fast at all now would they?
It may be that your sole purpose in life is simply to serve as a warning to others.
Ladies...if us guys say something to you that could be taken two different ways, and one of the ways makes you upset, we meant the other one.

 

OK, I posted a FNBM solution a while back and I hope you can find it through a search....

All you have to do is send a nasty letter to the Office of the President. Tell them about your ITS and their numerous violations. After I did that, they changed my acct to Bal = 0 closed at consumers request - PAA, never late and it took only a couple of days!!!

 

• 
  Not an expert, but I'll give it a shot ...
  
  
  1. FNBM reported an account to my bureaus that shows CO.
  
  TRUE, according to:
  
  FCRA § 607. Compliance procedures
  (b) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
  
  
  2. FNBM updates to the 3 CRA's showing verified on or around 10/03/2003.
  
  TRUE, according to the same as above.
  
  
  3. FNBM in updating does not disclose that I am in dispute.
  
  TRUE, according to:
  
  FCRA § 605. Requirements relating to information contained in consumer reports
  (f) Indication of dispute by consumer. If a consumer reporting agency is notified pursuant to section 623(a)(3) [§ 1681s-2] that information regarding a consumer who was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.
  
  
  4. FNBM pulls soft inquiry on at least EX on Oct 16th.
  
  FALSE, according to:
  
  FCRA § 604. Permissible purposes of consumer reports
  (a) In general. Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:
  (3) To a person which it has reason to believe
  (E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation;
  
  FTC, Credit Scoring "Inquiries by creditors who are monitoring your account or looking at credit reports to make "prescreened" credit offers are not counted."
  
  You are listed in the CRAs prescreened credit offer mailing lists and they can pull a soft inquiry at any time to offer you another CC, even if you have already closed an existing CC with them. You can remove yourself from the list by calling 888-567-8688. If you haven't done it yet, they have a permissible purpose.
  
  
  5 According to my figures, they have violated FDCPA section 807 paragraph 8.
  
  You are referring to the following:
  
  FDCPA 807. (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
  
  This is about false or misleading representation which a debt collector may not use in connection with the collection of any debt. You better use the #3 above.
  
  
  So, I see three violations. How am I doin'?

 

• 
  In addition ...

• 
  
  OBLIGATIONS OF USERS UNDER THE FCRA
  
  I. OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS
  
  V. OBLIGATIONS OF USERS OF "PRESCREENED" LISTS
  
  The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers of credit or insurance under certain circumstances. Sections 603(l), 604(c), 604(e), and 615(d) This practice is known as "prescreening" and typically involves obtaining a list of consumers from a CRA who meet certain preestablished criteria. If any person intends to use prescreened lists, that person must (1) before the offer is made, establish the criteria that will be relied upon to make the offer and to grant credit or insurance, and (2) maintain such criteria on file for a three-year period beginning on the date on which the offer is made to each consumer. In addition, any user must provide with each written solicitation a clear and conspicuous statement that:
  
  Information contained in a consumer's CRA file was used in connection with the transaction.
  
  The consumer received the offer because he or she satisfied the criteria for credit worthiness or insurability used to screen for the offer.
  
  Credit or insurance may not be extended if, after the consumer responds, it is determined that the consumer does not meet the criteria used for screening or any applicable criteria bearing on credit worthiness or insurability, or the consumer does not furnish required collateral.
  The consumer may prohibit the use of information in his or her file in connection with future prescreened offers of credit or insurance by contacting the notification system established by the CRA that provided the report. This statement must include the address and toll-free telephone number of the appropriate notification system.
  
  
  However, according to the first paragraph, you may ask them if they keep such a file ... because in their case the "prescreening" is the only PP for a soft inquiry.

 

I see two violations, one of which is good.

First is the verifying of the account with the credit bureaus without including notice that the account is in dispute.

Unfortunatly, OC are pretty much exempted from that statute. You have to hit them under section 623(b).

Second is the account review. Once an account has been sold to a CA, all business relationship with the OC ends. Therefore, there is no account to reveiw and hence no PP.

 

Re: Re: Who wants to test their skills???

• § 623(b) is about their duties upon notice of dispute. You have to use this:
  
  [color=0066FF] § 623 (a)(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.[/color]

• Not if it was a PRM.

• Therefore, they cannot show it as CO, it should be "Paid account zero ballance". That's the third violation ...
  
  
  In addition, § 623 (a)(1)(B)(i) forbids reporting information after notice.

 

• 
  One day, jlynn, one day you won't be able to catch me ...

 

Re: Re: Who wants to test their skills???

neener

Stick around you'll get it and hopefully I WON'T be able to catch you

 

Re: Re: Re: Who wants to test their skills???

• 
  Oh, yeah ... I'll be around. This board is the best addiction I ever had. And the most profitable - I'm learning a lot here ...