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jmyers76
Posts: 50
Registered: ‎06-18-2012
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Refusing to make an investigation Fcra 611

I made an dispute on a ca account on my credit report through the cra.  Instead of making an investigation as per fcra 611, the ca sent me a letter asking for more information before they would begin the investigation.  Then they reported the investigation as completed to the cra.   I dont understand how they can say an investigation is complete, when they refused to begin one when i asked for one in the first place?  I feel like i have stepped through the looking glass.

 anybody?

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Repo-ed
Posts: 2,960
Registered: ‎02-09-2012
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Re: Refusing to make an investigation Fcra 611


jmyers76 wrote:

I made an dispute on a ca account on my credit report through the cra.  Instead of making an investigation as per fcra 611, the ca sent me a letter asking for more information before they would begin the investigation.  Then they reported the investigation as completed to the cra.   I dont understand how they can say an investigation is complete, when they refused to begin one when i asked for one in the first place?  I feel like i have stepped through the looking glass.

 anybody?


You need to send the dispute to the OC, and not the CRAs. They'll will almost always say the investigation is complete, as they just have a few buttons they click.

 

Robert I'm sure has a macro handy and will make a post soon regarding the rights in direct dispute vs sending dispute to the CRAs

5/2012: 560 credit scores across the board and $500 secured CC
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RobertEG
Posts: 18,528
Registered: ‎03-19-2007
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Re: Refusing to make an investigation Fcra 611

[ Edited ]

When you dispute through a CRA, they are the party who resolves the dispute, not the furnisher of the disputed information.

 

The CRA is required to send a copy of the dispute to the debt collector, and the debt collector is required to conduct an investigation and report back to the CRA within the dispute perid. FCRA 623(b).   The CRA then makes their "reinvestigation" and makes the determination based on all information before them, including any report back from the debt collector.

The CRA has the authority to dismiss a dispute filed with them if they consider it "frivolous or irrelevant."  If they do so, they must send a notice to that effect directly to you.  Again, the furnisher/debt collector has no such authority.

 

If the debt collector sent anything to you, it is meaningless.  It is not part of the process, and they cant dismiss or refuse to investigate the dispute.  If they refuse to investigate a dispute referred to them by a CRA, they are in clear violation of FCRA  623(b).  

 

 If they reported back to the CRA that they verified, it raises a cloud on whether they actually conducted a reasonable investigation as basis for their verification of accuracy back to the CRA. 

 

 I suggest you send a method of verification request to the CRA under FCRA 611(a)(7) along with a copy of the debt collector's letter stating that they did not conduct an investigation.  Let them deal with their statement that they verified without investigating.

 

 

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jmyers76
Posts: 50
Registered: ‎06-18-2012
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Re: Refusing to make an investigation Fcra 611

Robert,   Thank you so much for clearing that up.   I thought that was how it worked, but, frankly the behavior of this CA is confusing the heck out of me.   I m pretty sure they havent conducted a investigation.  Especially when my dispute was filed on a friday evening, and reported as valid on a Saturday morning....  It doesnt pass the smell test.

  Thank you again for your advice:smileyhappy:

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RobertEG
Posts: 18,528
Registered: ‎03-19-2007
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Re: Refusing to make an investigation Fcra 611

Take a peek at FCRA 623(b), which is conspicuously titled "Duties of Furnishers of Information upon Notice of Dispute."


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