Need diection in 623 dispute

[Anonymous]

Hi all! I've been reading through some different boards after seeing a false broken lease on my credit report. I have already filed a dispute with transunion. The results were "new informaion" but it never got taken off. I read about a 623 dispute and I am wondering if anyone knows if that is what I'm needing to do at this point.

I'll briefly explain the stuation with the broken lease claim. It is from 2010. When I signed my lease at an appartment complex the lady there miss calculsted the 12 months and instead put 10. She said it was fine and not worry about it. 10 months later my lease supposedly ends (per my contract) and I move no issue. Fast forward to earlier this year, I got my free credit report, and saw they are claiming I broke the lease!

[RonM21]

Do you have this info in some sort of writing from the original mistake, showing the miscalculation?

[RobertEG]

Filing of a direct dispute (FCRA 623(a)(8)) is an alternative and not supplement  to the filing of a dispute via a CRA,

You pick the filing of one or the other.

The implementing rules for the direct dispute process (16CFR 660.4) state that once you have filed a dispute via a CRA, a direct dispute on substanatially the same basis can be dismissed without any investigation as frilvolous or irrelevant. 

Stated differently, you are only entitled to require one invesitgation of your dispute.  You cannot file a dispute via thte CRA and then repeat by filing a direct dispute.

Your issue is one of interpretation of your contract with the landlord.

Remedy is to file a civil action, thus permitting you to obtain any relevant facts from the landlord and a binding legal decision from the court.

[Anonymous]

No they have told me they don't have any old records including our original contract. So if there is no proof how can transunion not delete this. This is so frustrating

[RobertEG]

The FCRA dispute process is not a legal fact-finding process that requires production and evaluation of proofs.

They must conduct a reasonable investigation, and make a finding based on that investigation.  They are not reqiured to "prove" their verification.

Otherwise, the admin dispute process could not have a required resolution period of only 30 days.

Gathering and evaluation of proofs is for the courts.

[grillandwinemaster]

So as Robert started, file a civil action, and since there is no proof or original contract, this should be remedied in your favor.