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Successfully disputed item, now its BACK!!! FDCPA violation?

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superfrustrated
New Member

Successfully disputed item, now its BACK!!! FDCPA violation?

I disputed a delinquent account on my credit report and won.  I received a letter stating the account would be removed (this letter was sent from the creditor themselves).  The account was not even mine - it was my mother's and it was opened years before I was even born.  Somehow, when she asked them to issue me an authorized user card when I went off to college, the company added me as a JOINT user.  However, during the dispute they acknowledged the error and agreed to remove the account - but its back on my credit!  I've read that this (the account re-appearing) happens a lot and instead of going through the hassle of trying to dispute the account every 12 months or so, I want to get this taken care of once and for all and was thinking filing an FDCPA dispute would get their attention.  But, given the details I mentioned above, would I prevail?  Also, sounds like I might have to engage an attorney and incur fees....so I dont really want to pursue this unless I can win.

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2 REPLIES 2
guiness56
Epic Contributor

Re: Successfully disputed item, now its BACK!!! FDCPA violation?

Don't dispute with the CRAs, send a direct dispute to the creditor. 

 

This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

Identification of the specific information being disputed:

           (specify the account number, and the specific information that is disputed under

             that identifying account)

Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or

             regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not

              yours? etc.)

Supporting documentation:

            (all documents that support your dispute; it is recommened to also include,

             as part of your documentation, at least a copy of the portion only of your

             recent credit report showing their reporting of the disputed information was

              actually reported to your credit flle.  The implementing rule suggests a  showing

               that it appeared in your credit report)


Message 2 of 3
RobertEG
Legendary Contributor

Re: Successfully disputed item, now its BACK!!! FDCPA violation?

If you disputed and the furnisher did not verify the accuracy of the disputed information, which is apparently the case, the disputed information cannot be reinserted in your credit file without the furnisher first having provided the lacking verification of accuracy by way of a Certification of Accuracy to the CRA.

If the CRA accepted that pre-certification, then they were required to have sent you written notice within 6 business days.  FCRA 611(a)(5)(B).

 

If you never received the required notification from the CRA, chances are high that the creditor never provided the pre-certification to the CRA, making them in violation of section 611(a)(5)(B).

 

Teh fault lies with either the creditor for not having complied with the reinsertion provisions of that section, or with the CRA for not having provided you notice of their reinsertion in compliance with that section.

 

Thus, in addition to disputing possible lack of compliance by the creditor, I would additionally file a complaint (not a dispute) with the CRA for their apparent violation of section 611(a)(5)(B).

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