Direct Dispute Letter question

[DaBears]

My attorney is on vacation this week but he stated to me I can do this one on my own. I had noticed a collection from PRA for a HSBC account that I had back in 12/05. It showed a last payment made on 04/06 in the amount of $393.00 I never sent them a payment of that amount. I disputed with PRA then I received a letter from them on 1/11/13 that they had th TL deleted from all 3 CRA's. HSBC still has it listed on 2 of 3 CRA's. Is there a paticular Dispute Letter I can send them (HSBC) since PRA couldn't verify  and had to delete the TL? Worse case I would need to wait till my attorney gets back from his vacation. Thanks inadvance. 

[RobertEG]

As I understand the scenario, you sent a direct dispute regarding an alleged payment.

Was the payment reported by the OC or the debt collector?

Who was the direct dispute sent to?

With repect to resolution of the dispute itself, the party to whom you sent the dispute was required to send you notification of its resolution after their 30 day investigation period expired.  I dont see a clear statement of their resolution of the dispute that addresses the accuracy of their reporting to each CRA.

If they chose to delete with one or two CRAs, but did nothing with the third, then adverse reporting that was subject of the dispute would still remain unsettled.

They were required to respond by either deletion, verification, or correction.  The dispute thus remains without proper action on the remaining reporting.

Their deletion with one CRA might imply a lack of ability to verify, but is not an express statetment as such.  Lack of verification is not the same as an express stattement that its accuracy cannot be verified.

In my opinion, whoever you addressed the direct dispute has not complied with the statutory requirement to resolve the dispute by providing verification of the accuracy of the information that still remains in your CR.  I would send them notification that they are in violation of their requirement under FCRA 623(a)(8) to send notice of results of their investigation of your dispute regarding the information that still remains in your credit report.  They must either verify the accuracy, correct it so as to make it accurate, or delete.

[DaBears]

I did a dispute with Transunion. I haven't sent a dispute to HSBC. Transunion and PRA both sent me a letter the account was deleted cause PRA couldn't verify. It was originally reported by the OC which PRA had also had on their end. I talked with HSBC today and the lady said I have to fax them a dispute letter to there Monitor Research dept. I said something is not making since to me. The account was sold to PRA, I disputed the payment on the account I even have a bank statement from my bank showing I never made a payment of $393. PRA deleted and now HSBC wants me to fax them a dispute letter so they can research. 

[RobertEG]

Better understood....  you have an unresolved CRA dispute, not a pending direct dispute.  You dont need to file a second,  direct dispute to resolve the matter.

If you file a dispute with one CRA, then the obligation of the furnisher of the disputed information does not end with only that one CRA.

FCRA 623(b)(1)(D) states, with regard to furnisher responsibility with a dispute filed with any CRA:

"If the investigation finds that the information is incomplete or inaccurate, report those results to all other credit reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis."

You do not have to file another dispute, compelling another investigation that they have already been compelled to complete and report its finding.

That is just plain silly to assert they have already investigated, made a finding, but need another dispute to make them investigate again.  They are blowing you off when the responsibility already resides with them.

I would notify them that they are not in compliance with FCRA 623(b)(1)(D).

[DaBears]

Thank you so much Robert, I knew something was not quiet right with this. should I just call them since I have the number already?

[RobertEG]

Sure, give them a call.  Perhaps they will comply informally.

If they balk, then shoot them written notice of their non-compliance. 

If it progresses to the stage of requiring civil action, building a written record of your prior attempts to correct the matter, supported by the statutory basis, will much improve your case before a judge.

[DaBears]

They want me to send my bank statement to them via fax so they can research the account to see how the payment was made......you gotta be kidding me. I just got done telling him if PRA couldn't verify how are you.

[DaBears]

This should work? 

Dear HSBC,

You are inaccurately and incompletely furnishing information regarding the above-referenced account to the Credit Reporting Agencies in violation of the reporting requirements of the FCRA, Section 623, Responsibilities of Furnishers of Information, and for which you are responsible. I want this account deleted!

I dispute your information of a payment in the amount of $393 that you claim I made in April of 2006, Please find a copy of my bank statement showing I never made a payment of $393. I also have a copy of my Equifax credit report showing a payment of $393. I request evidentiary documentation that substantiates the information you have furnished and its reporting. Should you not be able or willing to provide me with the substantiating documentation as verification to cure this violation, within the next 30 days, please have the information deleted from each of the CRA's you initially furnished it to. I would prefer not to use the courts to resolve this matter

[Burned2manybridgesB4]

Doing their legwork? That's the equivalent of "We ran out of hammers, so can you provide one, so we can nail you to the wall?" That's funny, sending them your statements to prove you didn't pay....

[DaBears]

I was going to send it, I will let me attorney handle it when he gets back from vacation. Whats funny is they said they sold/transferred the account to PRA but yet they have to investigate to where the payment came from?? LOL