05-19-2013 02:50 AM
05-19-2013 02:53 AM - edited 05-19-2013 02:54 AM
I'm in the same boat. Involved the 605(b) tactic, and wrote a nice letter to the FDIC for their "non compliance."
*edit: mine's from Midland.
05-19-2013 09:26 AM
When a creditor sends information to the CRA it is done electronically through a tape or some other media. It is possible it was not deleted from that media. Have Jefferson insure it is updated to show the TL deleted.
05-19-2013 10:49 AM
I have a question for you but you don't have private messages enabled...
If i'm hijacking the thread, please just ignore me.. Sorry
I originally disputed the tradelines which is still showing in progress (though when i mailed back up information they created a second dispute which came back verified already) So...then I submitted my FTC identity theft form to midland. (They had a different name, address for the account!) Well, MCM agreed to delete last week. Well, today I got an update from equifax that they not only updated the information, costig me points!, but they( or EQ) added a third dispute to the tradelines? Is this normal? Will these two disputes eventually go away and the lines deleted or do I need to take action...
Sorry for butting in..
05-19-2013 11:00 AM - edited 05-19-2013 11:03 AM
The proper procedure is to send the identity theft/police report directly to the CRA, which requires them to block the asserted identity theft information from any credit report they issue. FCRA 605B. The creditor is not involved in that block, and no dispute or "proofs" are involved.
You send an identity theft report to the OC to demand their business records pertaining to the account. FCRA 609(e).
Receipt of an identity theft report by an OC does not compel them to delete the reported information. If sent in the form of a request for business records under section 609(e), it gives the consumer the right to all business records in possession of the creditor pertaining to the alleged identity theft information.
Sending an identity theft report to a CRA or the creditor is not in the form of a dispute. The OC can still verify accuracy based on their records.
An identity theft report does not establish factual basis for fraud or identity theft. It is an assertion by the consumer, supported by their swon statemeent before a law enforcement agency.
05-19-2013 11:30 AM
ok.. so why did Midland ask me to send the FTC form to them? I'm really confused here about what they are doing and what my next step should be...
He said "send the form to me and i'll delete."
05-19-2013 03:40 PM
I actually have it in writing from them requesting the ftc affadavit. Is that illegal or just against the rules? What should be my next step? Did this happen to you?
05-19-2013 04:13 PM
The debt collector can certainly make their own decision to delete on the basis of reciept of a police report or an FTC affidavit.
Nothing improper in their doing so, but it is not compulsory on their part.
Sending it to the CRA ensures that it is immediately blocked from your CR. No debt collector intevention or deletion is required.
If/when the debt collector also deletes their reporing, it becomes deleted from your credit file, not just blocked from your credit report.
I would still do both.
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