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Has anyone had success with a Direct Dispute to LVNV? They have simply verified every other attempt I've made to correct their inaccurate information without changing anything, this is the only thing I haven't tried with these jokers.
I can't answer that but a DD gives you more leverage because you can provide any and all documentation that you have supporting your claim.
They have to respond within 30 days directly to you.
Hi Guiness,
Thanks again for all your help.
Can't they just take your documentation and use it to update your tradeline instead of deleting? I don't trust them, at all. I'm starting another thread outlining what I've done so far. It's under "What am I doing Wrong" if you don't mind taking a look.
They don't have the paperwork, they admitted it but they still won't get off my cr and the cra's are just letting them verify and verify.
They can do the same thing in resonse to a direct dispute...... verify the accuracy as reported.
They are required to conduct a reasonable investigation, and either correct the asserted inaccuracy if they agree, verify if their investigation shows the information to be accurate, or delte until such time as they provide verification.
They are not required to provide documentation in support of their verification.
Thus, if they verify, the dispute process is concluded.
If you feel that you can show that their verification was done eiither without having conducted a reasonable investigation, or that their investigation actually showed the reproting to be inaccurate, but they nonetheless verified, you would need to get the matter before a court in order to compel their production of the means and results of their investigation.
That is beyond the scopre of the dipsute process per se. You would need to initiate legal action for false verification.
So that's where I am I guess. They are falsely verifying so I have to pull in an attorney. I just need this handled, it should be off in six months but they have it on for another year and a half.
How long does the process take with an attorney? I've been working on this for months and I'm just about out of time.
@RobertEG wrote:
If you feel that you can show that their verification was done eiither without having conducted a reasonable investigation, or that their investigation actually showed the reproting to be inaccurate, but they nonetheless verified, you would need to get the matter before a court in order to compel their production of the means and results of their investigation.
That is beyond the scopre of the dipsute process per se. You would need to initiate legal action for false verification.
Are you suggesting bringing a lawsuit under FCRA 623(a)(8)(E)?
Thank you for your input, guiness.
RobertEG, lawsuit under FCRA 623(a)(8)(E), just so we understand each other? Everyone is welcome to comment.
Yes, the basis woluld be failure to have complied with FCRA 623(a)(8), as well as the implementing federal regulations set forth at 16 CFR 660.4, which put meat on the bones of the direct dispute process. But I would be aware of the initial burden......
In bringing legal action, you would need some basis to support an assertion that their investigation was either not reasonable, or that they conducted a reasonable investigation, but verified contrary to what that investigation showed. Otherwise, they are likely to motion the court to dismiss. A simple "I dont think they conducted a reasonable investigation" may not convice the court that there is adequate basis to proceed to trial.
If you have some basis to support your action, and the issue proceeds to trial, that opens the door. You can then request the court to require them to provide you discovery of any information in their possession that is material to their investigation. You then get the facts.
Thanks guys. I respect guiness' and RobertEG's opionions, and certainly RobertEG has studied the FCRA very closely. But there is a problem with this suggestion, which I won't get into.