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To dispute or not to dispute

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RobertEG
Legendary Contributor

Re: To dispute or not to dispute

Some reasons for not disputing through a CRA:

 

Putting the merits aside for a moment, and considering just the process, when you dispute through a CRA, they must then refer your dispute to the party who furnished the disputed information.  They have 5 days to do that, but it introduces an unnecessary delay.  They are just an unnecessary middle-man.  The merts of how the CRAs do this, which I will discuss below, is the real reason why one should not dispute through a CRA. 

 

The  CRA will then tag the account with a Compliance Condition Code, which idicates that the account is under FCRA dispute.  That code will block certain parts of the account from FICO scoring until a new Compliance Condition Code is entered by the CRA, indicacating resolution of the dispute.  When you dispute directly with the furnisher of the information rather than through the CRA, that normally does not happen, since the CRA does not know of the dispute.  That process of flagging the account leads to short term abnormaliies in your credit score that are usually confusing.

 

ONce the furnisher of the information is referred a dispute through the CRA, they are then required to conduct an investigation of the disputed information, and report back to the CRA before the expiration of the total time period of 30-days from date of your dispute, thus allowing the CRA to complete its "reinvestigation" within the 30-day period, and comply with its statutory requriement to then send you the results within 5-days therefter.  Under the direct dispute process, the same 30-dsy period applies, but all the back-and-forth between the CRA and the furnisher of the information is avoided.

 

Now, on to the more substantive reasons.  When a CRA initially refers your dispute to the furnisher of the reported information, they use an automated process called e-Oscar.  It is form filled out by a clerk, and has provision for less than 10 broad codes that describe the reasons for the dispute.  The referral form also provides a short box for the clerk to enter additinal comments which is restricted to something like 50 words.  That is what your dispute is reduced to by e-Oscar,  The supporting documentation that you laboriously put together to support your dispute is rarely, if ever, forwarded with their e-Oscar form.  So you have an instant and serious handicap in that all of your supporting docmentation is not received by the furnsher of the information, leading to very shoddy investigations on their part,  Omce completing their investigation, the furnisher of the information then transmits their findings back to the CRA using a form with a code number.  Your dispute thus becomes basically te transmission of coded numbers back and forth between the CRA and the furnisher of the disputed information.

 

When you file a direct dispute, you totally eliminate all CRA involvement, including their sanitization through e-Oscar.  That is THE primary reason why the new direct dispute process was advocated so stongly by consumer organizations.  When you file a direct dispute, you are assured that all supporting documetation is received by the furnisher of the information.

 

In fact disputing through q CRA can result in your loss of the right to file a direct dispute.  If you dispute first with the CRA, a subsequent direct dispute on substantially the same grounds can be dismissed by the furnisher, without investigation, as "frivolous or irrelevant."

 

As a final reason, disputes through a CRA under FCRA 611(a) grant the CRA the right to conduct a "reinvestigation" whatever they consider that to be, once they receive teh investigatin results from the furnisher of the information.  I personally dont want a CRA, who is not a party in substance to my dispute, interjecting their subjective opinions.

 

There are only two scearios where I would dispute through the intermediary of a CRA.  First is when you dont have the address of the furnisher of information, and thus cant send them a direct dispute.  The CRA dispute process has an advatage in such situations, as the CRA must determine the contact address, and if they cannot contact the furisher or they furnisher does not respond within the 30-day period, the CRA can delete the disputed information as being unverified,

The second sitatuation where I would dispute through a CRA is when the direct dispute process is simply not availqble.  One situation that comes to mind are disputes relaing to credit inquiries.  Credit report inquiries are specifically exempted from the direct dispute process, so if you wish to dispute a credit inquiry, you simply have no choice.

 

Message 11 of 15
bichonmom
Senior Contributor

Re: To dispute or not to dispute

Robert, Thank you for your detailed reply. I was wondering why the online dispute form was so limited and didn't even allow me enough space to include the info I wanted. I had to edit it down to practically nothing - like a sentence or two. Now, I know they were using that system.

 

I find it interesting the EQ quickly removed the exact same item when I disputed it with them; while EX has it "verified." I just hope that I will still be able to get this removed by the CA or CRA as a result of the complaints I've filed.

 

At this point, I'm not involving the CRA, but they do have my file noted as "dispute filed and verified, meets requirement of FCRA." They are supposed to be neutral, but frankly, it feels like they are working for the creditors/CAs, etc. It's like their word is law and mine has no validity whatsoever.

 

Hopefullly there won't be a next time, but if there is, I will definitely know better.

 

Thank you.

 

 

 

EQ FICO 750 | TU FICO 761 (Walmart) | EX FAKO 767 | Goal: 800+

Edits, funky spacing and spelling due to my iPad not getting along with the forum editor!

Message 12 of 15
bruiseviolet
Frequent Contributor

Re: To dispute or not to dispute

From a moderator and myFICO forums standpoint, advocating and suggesting that someone dispute accurate info is a big no-no on these forums and therefore you really wouldn't see too many comments about that in here. There are mentions in the T&C and TOS that talk about this and a disclaimer at the front page of this board that seperate FICO from being considered a credit repair organization and therefore this forum agressively removes any suggestions to dispute legit stuff. However, talking about disputing, in and of itself, is AOK. But you don't see as many dispute suggestions in here as compared to other forums because of those rules

 

Why would you not dispute something, especially with a CA?  It only seems logical.  If you know you owe the debt to the original creditor- and you know you owe it- then you pay it.  But if the OC sells your debt to a CA, I think the SMART move is to DV with the CA to make sure you legally owe them the money.  If they can't prove I owe them the money- why the heck would I pay it?  My opinion is that you need to always take the position that they need to prove to you.

 

I know I owe the money to the original creditor- so unless the collection agency can prove that they made a legal transaction and can prove I owe the debt to them now instead of the OC, I am always going to assume I don't owe it to them.  They have to prove to me that I do in fact owe THEM the debt. 

 

If you borrowed $5,000 from your mom and didn't pay her back, and 1 year later your cousin knocked on your door and said, "Hey you owe me $5,000 because you never paid your mom back"  Would you just willingly say "Ok- I will pay you the $5,000"  or are you going to say, "Wait a minute- prove to me that I owe you the $5,000 still and not my mom!"  

 

Message 13 of 15
rckstrscott
Valued Contributor

Re: To dispute or not to dispute


@bruiseviolet wrote:

From a moderator and myFICO forums standpoint, advocating and suggesting that someone dispute accurate info is a big no-no on these forums and therefore you really wouldn't see too many comments about that in here. There are mentions in the T&C and TOS that talk about this and a disclaimer at the front page of this board that seperate FICO from being considered a credit repair organization and therefore this forum agressively removes any suggestions to dispute legit stuff. However, talking about disputing, in and of itself, is AOK. But you don't see as many dispute suggestions in here as compared to other forums because of those rules

 

Why would you not dispute something, especially with a CA?  It only seems logical.  If you know you owe the debt to the original creditor- and you know you owe it- then you pay it.  But if the OC sells your debt to a CA, I think the SMART move is to DV with the CA to make sure you legally owe them the money.  If they can't prove I owe them the money- why the heck would I pay it?  My opinion is that you need to always take the position that they need to prove to you.

 

I know I owe the money to the original creditor- so unless the collection agency can prove that they made a legal transaction and can prove I owe the debt to them now instead of the OC, I am always going to assume I don't owe it to them.  They have to prove to me that I do in fact owe THEM the debt. 

 

If you borrowed $5,000 from your mom and didn't pay her back, and 1 year later your cousin knocked on your door and said, "Hey you owe me $5,000 because you never paid your mom back"  Would you just willingly say "Ok- I will pay you the $5,000"  or are you going to say, "Wait a minute- prove to me that I owe you the $5,000 still and not my mom!"  

 


The quote you put in italics was relating to direct disputes with the CRA regarding accounts you know are valid. You are confusing DV with dispute. Frivilous disputing is how a lot of books and repair shops work, and sometimes it does work, and sometimes if jabs you right in the back. Just google Lexington Law and see exactly how many complaints you have. 

 

Ultimately, you may have had success or will have success with CRA disputes. But as several previous posts indicate, you may set the ball in motion to make these accounts virtually impossible to make changes on in the future.

 

DV letters are standard practice. But in the terms of this board, DV stands for debt validation. Disputing using means CRA disputs; at least thats how I gathered it from the context of these posts here.

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 14 of 15
llecs
Moderator Emeritus

Re: To dispute or not to dispute

Ditto to rckstrscott. DVing and disputing are two different things. DVing is quite OK to talk about on here. IMO, the main purpose of DVing is to determine whether or not the debt is yours (just in case there's a question), to determine the balance owed, and to determine whether or not the CA even should be collecting on that debt. Also a DV opens the lines of communications by which to PFD.

 

 

Message 15 of 15
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