I sent a letter to a CRA agencies stating that a CA could not validate an account they have listed on my credit report. I had a previous post on the CA validating, it is here http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=53220 I just got the results back from the CRA investigation and the CA verified that it was mine with them? Can they do this since they couldn't validate with me? Anyone have any ideas on what letter to send the CRA?
Depends on the CRA. Which one? I actually called EX (I was in their special handling dept after ITS) and while on the phone with me, she called CA. She also realized that they couldn't verify! It was deleted immediately! She did this on a 3 way call with me and that CA. I could hear every BS line the guy gave her. They got rude to HER and that is why she deleted immediately! LOL
It was with equifax. I don't call them though because I want everything in writing but if I don't get anywhere I may have to call. Can I record the conversation if I tell them I am going to?
Sorry to have to tell you this, but, as long as the CA posts on your CR's that "Consumer disputes account information", there's not much you can do. I've been disputing with a CA for over 5 months now, and have disputed the info to all of the big three TWICE. It keeps coming back "verified", even tho the CA refuses to validate the information with me. They've never even bothered to send me a letter saying that they got mine, altho I have a green card showing that they did recieve my second letter. At this point, I'm filing complaints with the FTC, BBB, and the Attorney Generals office. Below is a link that SCmomof5 posted under the title of "a must read". You should check it out, because it certainly enlightened me about how CRA's and CA's constantly violate the FCRA and the FDCPA. http://www.naca.net/BennettFCRATestimony.pdf
File in small claims court in your County. It will get their attention, and maybe you can even pick up a couple grand from it.
They don't list it as "Consumer Disputes account information". There is no notation anywhere that states this tradeline is disputed.
Send an email to robin.holland@equifax.com Tell her that you are livid and are considering a lawsuite do to willful non-compliance (not assuring Maximum accuracy). What happened for me is that Vicki Banks, her subordinate, called me. We discussed the legal issues behind the listings they 'verified'. Vicki put them in dispute status and they were gone within the 30 day period, yet were verified continuously before I talked to Vicki. Can't hurt to try.....
Re: Re: CRA verified??? Is this a violation I can take them to small claims court for or would I have to report it to the FTC?
1*Sorry to have to tell you this, but, as long as the CA posts on your CR's that "Consumer disputes account information", there's not much you can do. 2*It keeps coming back "verified", even tho the CA refuses to validate the information with me. tropicaljo ========== 1*Except SUE them. 2*This is a 1000 violation each time it happens. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: CRA verified??? The CA hasn't listed this accout has "consumer disputes" so would that be another violation? 1. Sue the CA or the CRA?
Re: Re: CRA verified??? lbrown... One thing I've learned in the past few months that I've been at this credit repair stuff is that this game has some tricky twists, and it's best not to just jump up and file lawsuits. I guess I should have noted that in my case, I've been disputing the alleged debt as "not mine/I don't owe you anything" for about 5 months now, but the alleged debt is past the SOL for collections, and the creditor claims to have sent an initial dun letter back in Apr./2002. I never got it, but was told that they don't have to prove that you recieved it, just that they sent it. Also, on an old debt that has been reported to CRA's, I've been told that there are no provisions in the FDCPA that gives a CA a certain length of time to validate. That 30 day thing in 809(b) only covers that very first dun letter you are supposed to get from them. Also, I've been told over and over that, the CA's a$$ is covered for a lot of these violations as long as he lists on your report that the account info is in dispute, even for when the CRA's request verification. So, L877...if it aint posted that way, then yeah, you got a violation. Believe me, I'd love to sue the crappy CA that I'm dealing with, but I'm having to just be happy at the moment with filing complaints with the FTC, State Board of Collection Agencies, and the Att'y Generals Office. 1*Sorry to have to tell you this, but, as long as the CA posts on your CR's that "Consumer disputes account information", there's not much you can do. 2*It keeps coming back "verified", even tho the CA refuses to validate the information with me. tropicaljo ========== 1*Except SUE them. 2*This is a 1000 violation each time it happens.
Re: Re: Re: CRA verified??? So I should just file complaints with the FTC, the Att'y Generals Office, and the State Board of collection agencies?
Re: Re: Re: CRA verified??? Well, see, I've run into a wall trying to deal with this one CA. It's a long story, so I'll just save it. You should probably save filing complaints for a last ditch effort. You said that you've disputed to both the CA and the CRA, right? Have you gotten the updated reports since you disputed with the CA? Did the CA note on the updated report, with the account information that you dispute the information? If not, that is a violation. Someone more versed in the FDCPA section numbers can tell you which section to quote in your next letter to the CA. The thing is, this is not a process that you can cut corners on. From what I understand, and have done, is that you should DV the CA twice, then send an estoppel letter if they don't respond to your DV's, then if they don't respond, send an ITS. Chances are tho, if you call them on this violation, they will simply place the note in your account info. Unless your a "sue happy" person, and don't want to point out to them that they've neglected to follow proceedures, then this will just be one more hurdle to overcome. I've gotten 2 negs off of my reports, and 4 off my husbands reports, and haven't had take anyone to court yet, so there is hope!
Re: Re: Re: Re: CRA verified??? They haven't listed this as disputed on my CR. I have sent 2 validation letters and the estoppel. So I am pretty much stuck?? Any thoughts on what I should do now?
Re: Re: Re: Re: CRA verified??? Just read your other thread... and it looks like you've done the steps. I am not an expert in this arena, but if you're prepared to go file a lawsuit, go to court, deal with that headache, I'd go after them for at least the violation concerning not posting the account as in dispute. After reading your other thread, I'd ask Butch (or one of the other many experts here, ! ) what to do next. The reason I singled out Butch is because his advice to you struck me as reassuring, knowledgable, and level headed. Just remember for dealing with CA's and CRA's in the future, be specific about what you want, don't provide them with information that they already have access to (makes their job easier), don't offer them information they can use against you, and document everything in as much detail as you can. Keep copies of all correspondance and write down everything they say to you over the phone.
Re: Re: Re: Re: Re: CRA verified??? I agree with you that Butch's advice was reassuring. I guess I thought I was being specific with what I wanted from them (debt validation). What info did I provide them that they can use against me?
Re: Re: Re: Re: Re: CRA verified??? I just got an email from equifax saying that the CA verified the info and I must contact them to get this taken care of. What type of letter do I send now. Butch's advice on the first post was okay but doesn't say anything about what to do now since the CRA says there is nothing they can do. I don't mean to be repetative here but it is hard to get a straight answer here.
Re: Re: Re: Re: Re: CRA verified??? Didn't mean to imply that you'd offered info that you shouldn't. Just meant that for future reference. As for the CA verifying the info to the CRA without validating with you and they aren't listing the debt as in dispute, I think (and again, I could be wrong), you might have a clear violation against the CA, and maybe the CRA too, seeing how they are perpetuating the lie and damaging your ability to get credit. Can someone more experienced verify my thoughts here?
