cancel
Showing results for 
Search instead for 
Did you mean: 

What to do what to do..hmmm

tag
goosedog
Regular Contributor

Re: What to do what to do..hmmm

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.

Message 11 of 17
guiness56
Epic Contributor

Re: What to do what to do..hmmm

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,

Message 12 of 17
goosedog
Regular Contributor

Re: What to do what to do..hmmm

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

Message 13 of 17
guiness56
Epic Contributor

Re: What to do what to do..hmmm

Have you ever read the FCRA?  Documentation is not required.  The only person that can make someone provide that is a judge.

Message 14 of 17
goosedog
Regular Contributor

Re: What to do what to do..hmmm

Hence the reason why it is going to court Smiley Happy

Message 15 of 17
DaBears
Senior Contributor

Re: What to do what to do..hmmm

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

Message 16 of 17
Shogun
Moderator Emeritus

Re: What to do what to do..hmmm


@goosedog wrote:

Hence the reason why it is going to court Smiley Happy


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.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 17 of 17
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.