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Regular Contributor
adio413
Posts: 114
Registered: ‎06-06-2012
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where to send dispute info re: CbCS

have a collection for $287 from CBCS from a pepco light bill. the DOFD is 9/2010 but at that time, i was living in an apartment where the utilities where paid by my landlord. i have a copy of the lease........ where/who  should i send it to? dispute with the CRAs or FTC/BBB?

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Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: where to send dispute info re: CbCS

Have you had any contact with CBCS?  I'd start by disputing with them directly before going another route.  If they say no, then I'd move on to the BBB and see what they say.


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Regular Contributor
adio413
Posts: 114
Registered: ‎06-06-2012
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Re: where to send dispute info re: CbCS


Shogun wrote:

Have you had any contact with CBCS?  I'd start by disputing with them directly before going another route.  If they say no, then I'd move on to the BBB and see what they say.


i called themabout a month ago and asked if i PIF could they deleted the item off of my credit report......... they said 'no it'll just report as CO; paid in full

 

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RobertEG
Posts: 18,455
Registered: ‎03-19-2007
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Re: where to send dispute info re: CbCS

[ Edited ]

First, you dont "dispute" with either the FTC or any BBB.

Disputes under the FCRA are, at the consumer's option, either sent directly to the furnisher of the information (the creditor or debt collector who reported), or are sent to a CRA for their handling. They address inaccuracies in information reported to their credit files.

 

If, either alone or in addition to a dispute, the consumer wishes to pursue action against a party for their violation of any provision of the FCRA, they can file a complaint with the FTC, who has authority under that statute to take sanctions or initiate their own legal proceedings against the violating party.  They are not part of the actual FCRA dispute processes.

 

A BBB is one step removed.  They have no standing to initite legal action for any asserted FCRA violation, and are thus a third party to the process.  They are helpful in sending correspondence and inquiries, but have no legal enforcement authority.

 

As for disputing an allegation that you are not legally responsible for the debt, such as an asserted contract obligation of another to pay the utilities, that is an issue of fact that needs to get before a third party who has authority to resolve factual disputes.  The CRAs are not that party, and the FCRA dispute process is not that process.

 

When a dispute is sent, the furnisher of the disputed information receives a copy and responds back to the CRA, either providing a statement that their investigation has found the information to be accurate, correcting the reporting, or if no response is received, the CRA can delete it.  Their verification does not have to provide "proof," it need only state that they have conducted a reasonable investigation of its accuracy, and have found it to be accurate. 

 

The CRAs dont have judges, and have no means to resolve issues of he-says, she says.

 

If your dispute has been verified by a statement that they confirm the accuracy of their reporting, then getting the facts before a party with authority to compel  the production of evidence that supports their determination and render a decision on the matter is the next step.  The CRAs are not that party.  The courts are that party.

Moderator
Shogun
Posts: 12,952
Registered: ‎04-15-2011
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Re: where to send dispute info re: CbCS

Well,  I'd go the other routes then.  File with the BBB, State AG, FTC and dispute with the CRAs as not being yours.  Make sure you send proof on that last one.  Seems they should have just cooperated in the first place.  IMHO   Good luck!


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+

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Current scores after adding $81K in CLs and 2 new cars since July 2013
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Regular Contributor
adio413
Posts: 114
Registered: ‎06-06-2012
0

Re: where to send dispute info re: CbCS


RobertEG wrote:

First, you dont "dispute" with either the FTC or any BBB.

Disputes under the FCRA are, at the consumer's option, either sent directly to the furnisher of the information (the creditor or debt collector who reported), or are sent to a CRA for their handling. They address inaccuracies in information reported to their credit files.

 

If, either alone or in addition to a dispute, the consumer wishes to pursue action against a party for their violation of any provision of the FCRA, they can file a complaint with the FTC, who has authority under that statute to take sanctions or initiate their own legal proceedings against the violating party.  They are not part of the actual FCRA dispute processes.

 

A BBB is one step removed.  They have no standing to initite legal action for any asserted FCRA violation, and are thus a third party to the process.  They are helpful in sending correspondence and inquiries, but have no legal enforcement authority.

 

As for disputing an allegation that you are not legally responsible for the debt, such as an asserted contract obligation of another to pay the utilities, that is an issue of fact that needs to get before a third party who has authority to resolve factual disputes.  The CRAs are not that party, and the FCRA dispute process is not that process.

 

When a dispute is sent, the furnisher of the disputed information receives a copy and responds back to the CRA, either providing a statement that their investigation has found the information to be accurate, correcting the reporting, or if no response is received, the CRA can delete it.  Their verification does not have to provide "proof," it need only state that they have conducted a reasonable investigation of its accuracy, and have found it to be accurate. 

 

The CRAs dont have judges, and have no means to resolve issues of he-says, she says.

 

If your dispute has been verified by a statement that they confirm the accuracy of their reporting, then getting the facts before a party with authority to compel  the production of evidence that supports their determination and render a decision on the matter is the next step.  The CRAs are not that party.  The courts are that party.


aw **bleep**............:smileymad:

 

Regular Contributor
adio413
Posts: 114
Registered: ‎06-06-2012
0

Re: where to send dispute info re: CbCS

[ Edited ]

Shogun wrote:

Well,  I'd go the other routes then.  File with the BBB, State AG, FTC and dispute with the CRAs as not being yours.  Make sure you send proof on that last one.  Seems they should have just cooperated in the first place.  IMHO   Good luck!


 lol wrong reply!!

Regular Contributor
adio413
Posts: 114
Registered: ‎06-06-2012
0

Re: where to send dispute info re: CbCS

ill get the lease next month and send a copies to the CRAS and also the ftc


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