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Phantom payments and PRA

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psjhvac79
New Contributor

Phantom payments and PRA

I have phantom payments on my CR reports from PRA. One on (experian) it saids I made some 60 dollars payments a while back for 6 months or so . EQ shows a payment history of almost 4 years now of on time payments. I know this falls under 808 of the law and understand it might be their way to start SOL over again. Is there anything you pros see that I am missing. Do I have a fighting change at getting rid of these clowns?
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1 REPLY 1
RobertEG
Legendary Contributor

Re: Phantom payments and PRA

The first approach to any inaccurate reporting is to file a dispute of its accuracy, either via the CRA or directly to the furnisher of the disputed information.

 

The reason for first using the dispute process prior to pursuing other means, such as asserting a violation of either the FCRA or FDCPA, is that inaccurate reporting is not, per se, a violation.  Violation occurs if it can be shown that reporting was willfully reported with knowledge of its inaccuracy, or they were negligent to the pont that they should reasonably have know of its inaccuracy.

 

A furnisher should be advised of an asserted inaccuracy and given the opportunity to correct.  The dispute process gives them the opportunity to correct.

It may well be that it might be determined that they negligently or willfully reported inaccurate information, giving rise ot civil liability on their part under FCRA 616 or 617, but the consumer is raely in an initial position to document willful or negligent noncompliance in their reporting.

They must investigate and respond to your dispute, putting their position on record.

 

A dispute only requires deletion of the information that is disputed if they cannot verify its accuracy.

Thus, the resolution of a dispute by correction of that information would not be basis for deletion of their entire collection.

 

 

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