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why are liens allowed to be reported this way

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virgo
Established Contributor

Re: why are liens allowed to be reported this way

The statutory provision is that a tradeline must be accurate. 15 USC 1681 (b). It doesn't need to be more specific than that. A tradeline does not have to be inaccurate in its entirety in order to deem it inaccurate. A single item will suffice. In the case of public record reporting, nothing on the tradeline is accurate say for perhaps the amount. There is nothing in the law that says they are allowed to report this way. I am not suggesting anything unethical by questioning this. On the contrary, I am asking for more transparency. As I stated in the letter, they have access to the filing party, why not report. We all know why they don't. As far as the CB's are concerned, they hired vendors to procure this information. They know exactly what they are paying for. They are culpable.

Message 11 of 28
ABuckNow
Contributor

Re: why are liens allowed to be reported this way

If you've not sent this letter yet, I would suggest editing it...I've read it and I don't understand what you are trying to convey.

I don't know if it's because of the grammar issues, or that I don't know your status/history.

Edit the first sentence so that it's an actual sentence.  I'm not just being picky - I actually don't know what you're trying to say.  What is the FTB?  If it's some federal agency, use the proper term for it, especially if you shorten it to an acronym.

State clearly, prefferably near the beginning, in simple unemotional terms, what your point(s) is(are).  Then expand on it, point by point: orgainze it into paragraphs, then summarize at the end.

You want more info included in a PR TL, like $ owed, phone number, address?  You don't want CRA to get PR info from 3rd parties?  You don't want CRA to verify disputes electronically? *shrug* I'm not sure.

I have a great interest in CRA and their internal methods of record keeping and such - I'm curious what your intent here is.

Message 12 of 28
KingReem
Valued Member

Re: why are liens allowed to be reported this way

I'm starting to question the validity of the CB's verification Process because I have a Tax Lien from the NYSDOT&F and the County Clerks phone number which is provided is wrong I called and got the this number is disconnected recording so how in the world did they verify this if the number was disconnected something isn't up to snuff ill do the foot work myself if they aren't willing to verify the validity of the information contained on the report
Message 13 of 28
InvincibleSummer3
Established Contributor

Re: why are liens allowed to be reported this way


@KingReem wrote:
I'm starting to question the validity of the CB's verification Process because I have a Tax Lien from the NYSDOT&F and the County Clerks phone number which is provided is wrong I called and got the this number is disconnected recording so how in the world did they verify this if the number was disconnected something isn't up to snuff ill do the foot work myself if they aren't willing to verify the validity of the information contained on the report

They don't actually call the numbers themselves. The system they use is all automated, and it's unlikely they're checking for accuracy of phone numbers. When you dispute, they use that automated system to verify that the debt exists, not for correct contact information.

Message 14 of 28
RobertEG
Legendary Contributor

Re: why are liens allowed to be reported this way

Accuracy is a subjective determination that can only be resolved by the courts.  While you assert inaccuracy, they obviously dont. 

The issue of public record information being includable in one's credit file is certainly supportable.

To bring legal action based on an opiinion of inaccuracy being a fact kinda puts the cart before the horse, in my opinion.

 

Additionally, it is not a violation of the FCRA to have reported inaccurate information.  No statute can compel human accuracy.

That is why any dispute always provides the furnisher the ablity to simply correct an inaccuracy if they agree with the assertion of inaccuracy in the dspute.

Violation of the FCRA occurs when a party reports or a CRA includes information that is knowingly inaccurate.

 

I dont see reporting of information that is clearly inaccurate as a matter of fact, and dont see evidence that they considered it inaccurate, and nonetheless chose to report. 

Message 15 of 28
virgo
Established Contributor

Re: why are liens allowed to be reported this way

I apologize if my letter and its content is confusing. It truly did not occur to me to put Franchise Tax Board instead of FTB as I was sending the letter to those entities directly connected to the government (CFPB-Consumer Financial Protection Bureau, FTC-Federal Trade Commission).

 

But I think the whole point of the letter is being missed. It doesn't just have to do with the IRS or Franchise Tax Board. It has to do with all public record reporting.

 

If a CA put the incorrect contact number on your report you would dispute for inaccuracy. The Ca would have to correct the information. Why then, are the CB's allowed to continue to procure and report information that ,on its face, is inaccurate?

 

When someone can find the law that says they are permitted, BY LAW to report this way, I will acquiesce.

 

As far as the make-up of the letter, I own the typo's. I re-typed the letter in the box because for some reason, the copy and paste is my enemy. The grammar, punctuation, composition belong to my friend who tutors english/composition.

Message 16 of 28
InvincibleSummer3
Established Contributor

Re: why are liens allowed to be reported this way


@virgo wrote:

I apologize if my letter and its content is confusing. It truly did not occur to me to put Franchise Tax Board instead of FTB as I was sending the letter to those entities directly connected to the government (CFPB-Consumer Financial Protection Bureau, FTC-Federal Trade Commission).

 

But I think the whole point of the letter is being missed. It doesn't just have to do with the IRS or Franchise Tax Board. It has to do with all public record reporting.

 

If a CA put the incorrect contact number on your report you would dispute for inaccuracy. The Ca would have to correct the information. Why then, are the CB's allowed to continue to procure and report information that ,on its face, is inaccurate?

 

When someone can find the law that says they are permitted, BY LAW to report this way, I will acquiesce.

 

As far as the make-up of the letter, I own the typo's. I re-typed the letter in the box because for some reason, the copy and paste is my enemy. The grammar, punctuation, composition belong to my friend who tutors english/composition.


No, I wouldn't. Because if the debt is actually valid - if there is indeed a creditor to whom I owe money, what difference does it make whether or not the phone number listed is valid? And how do I know it's not an honest clerical error or a typo? 

Message 17 of 28
guiness56
Epic Contributor

Re: why are liens allowed to be reported this way

IMO, what the OP is getting at is if the actual entity you owe the money to is not listed, how do you know it is yours and how would you go about contacting them to make payments.  You honestly owe nothing to the county clerk.

 

I agree with OP.  PR should state exactly who is owed.  Be it a lien, a judgment etc.

Message 18 of 28
InvincibleSummer3
Established Contributor

Re: why are liens allowed to be reported this way

Interesting. Mine does say that. I suppose I'd assumed they all did.

Message 19 of 28
virgo
Established Contributor

Re: why are liens allowed to be reported this way

Maybe you wouldn't, but you should. You're going on the assumption that the debt is valid and it may very well be. --Not the point. As I stated in a previous post, the tradeline does not have to be inaccurate in its entirety in order for it to be deemed inaccurate. i.e. missing phone number. The FCRA was formed for this very purpose. There is no minor inacuracy It all adds up to a bigger picture in the long run. If we don't hold them to the standard that the FCRA mandates, then what's the point?

Message 20 of 28
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