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Actually per the FCRA guidelines, they are REQUIRED to list the account in dispute until they provide documentation proviing otherwise. Neglecting to do so is a violation of that statue, so they have violated that section. For DEBT dispute thru a CRA, they are required to submit documentation within 30-45 days to the CRA otherwise the CRA has to delete the information. Failure to do so constitutes a violation of the reporting system. Their is no unlimited timeframe regardless if its a medical debt, credit card debt, utility debt, etc.
Where in the FCRA, exactly, are you getting the creditor has to send information to the CRAs.
That is not the case. The consumer can send documentation supporting their dispute and that will be forwarded to the creditor. Nowhere does it say the creditor has to send anything to the consumer or CRA. They only have to determine if the dispute is valid or not,
sending valid documentation is required per the FCRA by the credit reporting agencies when an account is disputed. That safe-guard was put in place to protect people from errornous reporting. Simply getting a response back from a creditor saying yes mr x with social xyz and dob abc has an account is not an investigation. That's an account inquiry by the reporting agencies using the E-OSCAR system.
Feel free to read this report by a consumer lawyer from the national consumer law center.
http://www.nclc.org/images/pdf/pr-reports/report-automated_injustice.pdf
Have you ever read the FCRA? Documentation is not required. The only person that can make someone provide that is a judge.
Hence the reason why it is going to court
Just so you know. CRA's, CA's and OC's keep all related disputes. If the judge finds it's all frivolous he can hold you accountable for the unpaid debt. Good luck.
Community Leader,
DaBears
@goosedog wrote:Hence the reason why it is going to court
And that's where the rubber meets the road. There is vagueness in some of the rules and regulations. As Robert and guiness have posted many, many times.... That is up to the courts to decide. And I personally, wish you the best of luck. Let us know how it goes.