Transunion Response to Verified

[Anonymous]

The problem is the account really is not mine, I don't know what documentation to give them it's from another state which I've never even been to. I sent documents showing I physically lived in my state during the time the debt appeared to be opened but I'm not sure that was good enough.

I'm going to start an investigation with the CA like Robert says and see what happens

[RobertEG]

If the OC fails to comply with your dispute, they are in violation of the FCRA, but you can't sue them unless you have disputed with the Credit Bureaus FIRST.

Disputing with the credit bureau FIRST is not something you can shortcut or forget. In order to place the liability of reporting accurately squarely on the shoulders of the OC, you must have disputed the listing with the credit bureaus. This means you have either online, via the telephone or in writing, disputed a listing with the credit bureaus and then WAITED FOR THE RESULTS OF THE INVESTIGATION.

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That is pure rubbish.  Whoever wrote this has no understanding of the final direct dispute process, or was written by one in the creditor community, advocating their dead position..  It was obviously wrtten prior to 7/1/2009.

A lillte history, in  order to support my statement.

The FACT Act of 2003 entered the legal provisions for direct dispute into the FCRA at section 623(a)(8),  allowing a consumer to directly dispute with the one who reported information to their credit files, without having to go through the intermediary of a credit reporting agency, as was normally required under the dispute process of FCRA 611(a). 

However, in inimitable Congressional fashion,final implementation of these provisions of FCRA 623(a)(8) were delayed until the lobbyists could have time to persuade the regulatory federal agencies to enact regulations that were most favorable to them. One of the things proposed by the creditors was a requriement that the consumer must first dispute throught the credit reporting agencies.The final rules rejected this.

The regulatory process has now run its course.  Final implementing regulations were published in the Federal Register on July 1, 2009 (Fed Reg, vol. 74, No. 128)., and became effective as of 7/1/2010. The final rules have now been incorporated into the Code of Fderal Regulations at 16 C.F.R. 660.4.

The direct dispute process is now a matter of law, with proscribed procedures. No requrirement of any prior dispute with a CRA is a part of the final implementation of direct dispute.

Sample direct dispute letter:

“This is a notice of direct dispute with you, under the provisions of FCRA 623(a)(8)(D), of the accuracy of information you have posted to my credit file.

“In compliance with FCRA 623(a)(8)(D), this notice includes:

“Identification of the specific information being disputed:

            (specify the account(s) numbers, and the specific information)

“Basis for the dispute:

            (how the reporting was inaccurate)

“Supporting documentation:

            (all documents that support your dispute; make sure to include,

             as part of your documentation, a copy of the portion of your

             recent credit report showing their reporting)

“Under the provisions of FCRA 623(a)(8)(E), you have the duty to review all of the information in my notice of dispute, and to complete your investigation, and report back to me within 30-days of my notice of dispute..”

[RobertEG]

The problem is the account really is not mine, I don't know what documentation to give them it's from another state which I've never even been to. I sent documents showing I physically lived in my state during the time the debt appeared to be opened but I'm not sure that was good enough.

________________________________________________________________________

If you are alleging that the account was not yours, that opens up totally different avenues of action under the FCRA.

That is not a dispute, it is an assertion of no know commitment for what was posted.

That falls under the umbrella of potential identity theft.  You dont have to prove, or even allege, that any actual or criminal identity theft has occured.  The statute is premeptory... It allows you to prevent that.

The procedure is a bit time consuming, but will cover your buttocks

1. Go to your local police station.

    File an allegation of alleged identify theft based on your documented showing of reporting to your credit report of information

    that you had/have no knowldege, or authtorization of.

    The police will probably have no idea of what you are talkng about, but INSIST that they document your allegation, and issue you a formal

    "police report."  You dont need evidence, just your allegation.  Filing a false police report has potential criminal liabilies. so once you have

     that document from them, you have the means to pursue your case

    FCRA 603(q) calls this an "identity theft report"

2. Then file with the CRA, under FCRA 605B,  a reqeust that this information be blocked from any credit reporting.

     Include proof of your identitiy, a copy of the identity theft (police) report, and a statement that

    "the information is not information relating to any transaction by the consumer."   FCR605B(a)(4).

[Anonymous]

I got a response today from two of the credit disputes experian and transunion that the account does not exist.... I pulled my report and sure enough the original collection agency deleted sometime between the letter I sent them and during the CRA I was disputing.

Finally success and got it off 4 years early !!!!!!!!! Awesome

[RobertEG]

Super!   Great persistence!

My advice, repetititive though it may be, is NOT to dispute credit reporting  through the CRA under FCRA 611(a).  That proces is still there, but I dont recommend its use. 

The CRA will  first santitise it to a three-digit code, send it electronically under their e-Oscar process to the party who posted the disptued information,  and that party then responds back wit a yes or no.  It is a sham.

Cut the CRA out of the dispute process entirely.  Dispute directly with the party who posted the disputed informtion.

The key now, since it is a new process as of 7/1/2010, is to carefully comply with each provision of the directn dispute process, in order to eliminate all chance of the party asserting that your Notice of Direct Dispute lacks any of the required provisions.

My revised sample direct dispute letter:

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

► (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb) 

►  This is a direct dispute of credit reporting. This is not a request for debt
         validation/verification  under FDCPA §809(b).
                  (don’t let them just simply sluff it off as a meaningless  DV letter)

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:

            (specify the account number, and the specific information that is disputed under

             that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation

              of any statutory or regulatory provisions?   account or express agreements?  CRA reporting gudelines?)

“Supporting documentation:

            (all documents that support your dispute; make sure to include,

             as part of your documentation, at least a copy of the portion of your

             recent credit report showing their reporting of the disputed information was actually reported to your credit file. 

             The impelementing rule require showing that it appeared in your credit report)

 “Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you,  to complete your investigation of this information, basis and documentation, and report back to me the results of your investigation within 30-days of this Notice of Direct Dispute.” 

[Anonymous]

awesome sample letter Robert !

I'll use it for the 623 I'm sending out today thank you.

I'll also add in  "This letter has been sent by certified mailing"

[RobertEG]

Excellent addition, aot! 

Unlike DV, GW and PFD letters, which have no set perod for response, direct disputes do have a fixed date for response that is pegged to their date of receipt of the dispute.