UPDATE!!! OC direct dispute no deliverable recourse?

[tipofthespork]

Ok so equifax and experian both recommended that I direct dispute an issue with the OC. My issue is probable reaging and different DOFD's listed by the CRA's (different by years). So I emailed the dispute and then sent a copy cmrrr. I have gotten no answer to the email and just found out the cmrrr was rejected. It was sent to the address on my credit report. Any recourse for them rejecting my dispute? By mistake I did tell them in the email that the cmrrr copy was enroute. Any chance they rejected on purpose?

[RobertEG]

The direct dispute rules specify, at 16 CFR 660.4(c)(1), that a furnisher is required to investigate a direct dispute if "a consumer submits a direct dispute to the furnisher at the address of a furnisher provided by a furnisher and set forth on a consumer report relating to the consumer."

You have complied with the rules by submitting it to that address, and thus have a valid, pending direct dispute.  Failure to accept the dispute is, in and of itself, evidence that you submitted it.  If they choose to ignore correspondence sent to the address they provided, they do so at their peril.

I would send a follow-up communication advising them that the date of your prior correspondence is considered to be the effective date of your dispute, and thus began their 30-day period to conclude their investigation and send the results to you.  Failure to complete their investigation within the 30-day period will be considered as their inabillity to verify the accuracy of the disputed information, and will thus compel their deletion of the disputed information.

[tipofthespork]

Ok so after attempting the direct dispute method and the CMRRR being rejected (turns out it was due to undeliverability). the company has moved and failed to update their address to the consumer reporting agencies (atleast experian). I tried to call and request they fix this but they wouldn't. Matter of fact they wouldn't tell me anything unless i gave them my employer address and phone number. Us military type know that means they are going to try to use your command to leverage you to pay the debt!! I refused ofcourse.

Remember this is to show that the DOFD is being reported inaccurate.

Today I sat down and prepared my dispute paperwork for Experian. My question is will they even go through all this info or did I waste my time? It's pretty lengthy:

1. Bank statements to show when payments stopped, thus establishing DOFD (49 pages)

2. Leave and Earnings Statement (military pay stubs) (24 pages). I did this to show that the pay did not come from another source than the bank account that had previously been used. sometimes military members do an allotment and it comes directly from our pay before we recieve it.

3. a statement explaining all my attempts to rectify this before involving the CRA. (2 pages)

4. a copy of my id card, for identification purposes.(1 page)

5. a copy of the returned CMRRR envelope unopened. (1 page)

6. a copy of my credit report with the account highlighted, as well as the address. (21 pages)

So all in all it's 98 pages long. will someone actually take time to investigate this or did I waste a morning gathering all this for nothing? Thanks

[tipofthespork]

one more question.

I know that you can't say without the whole picture but do you THINK this will give me any kind of increase? it's a charge off from 2007 that is reporting as a charge off from 2011. Thanks.

[RobertEG]

Having disputed and received verification, they can shut off the dispute process as having been investigated, and thus hold any subseqent dispute as frivolous or irrelevant.

The dispute process is not a fact-finding process.  Verification does not require their production of documentation... simply a finding.

With all of the documentation in your possession, it might be simpler, and would clearly provide you the opportunity to contest the actual facts, if you filed a civil action in small claims court as opposed to continuing to contest under the FCRA administrative dispute process.  The judge will require the production of facts, not just findings.

[tipofthespork]

Thanks Robert.

Just a couple more questions if you don't mind.

What if the inaccurate information was reported AFTER my last dispute? I disputed in august 2011 and then september 2011 they updated the DOFD and began reporting charge off status again.

Second question, what would be my basis for suit? would it be to correct the DOFD or monetary compensation? both? i'm begining me research on that now, but figured i'd ask as well. thanks.

[RobertEG]

The issue of dismissal of any dispute as "frivolous or irrelevant" based on a prior dispute is based upon whether the dispute is "substantially the same as a dispute previously submitted."  FCRA 623(a)(8)(F).  If a new dispute is directed at new information, it would not be "substantially the same."

Basis for a legal action would be violation of the FCRA by reporting a DOFD that is contrary to the requirements of FCRA 623(a)(5).  So, yes, getting the court to hold their reporting as being inaccurate would compel them to correct. 

However, monetary damages are a different issue.  Under FCRA 617, you must show that their reporting was at a minimum based on their negligence, and if that is proven, you are entitled only to actual damages.  To assert a claim for punitive damages, FCRA 616 requires a showing that their inaccurate reporting was done willfully  (i.e., with knowledge of its inaccuracy).  Tough to do.

[tipofthespork]

Yeah proving that would be tough to do. I'm not even looking for any financial gain from this situation, i just want it off my reports or to atleast report accurately.

Everything i've read says that the newer the derog the worse. well taking a 2007 charge off and making it appear as a 2011 charge off is probably destroying my credit.