Mega Contributor
RobertEG
Posts: 18,434
Registered: ‎03-19-2007
Re: Interest on Deposit?

Whether or not the amount they are attempting to collect is correct is an unresolved issue.  You cant presuppose you are correct, and thus compel deletion as being factually inaccurate.

The DV process gives you the right to request they verify the amount they are attempting to collect is, from their records and honest investigation, accurate.

They have done so.

You disagee.

 

You can, of course, pursue the same argument by disputing the accuracy of their reporting of what they have verified through the DV process.

Just as with the DV process, they dont have to "prove" accuracy, they have to conduct a good faith investigation, and based on those results, make a finding as to its accuracy.  I would thus expect the same finding.

 

To pursue further, you would need a third party with the right to require both parties to present their case, and make a legal finding as to who is correct.

That party is a judge, not the CRAs, the FCRA dispute process, or the FDCPA DV process.

 

If, in a legal proceeding, it is discovered that they knew, when verifying under either the FCRA or FDCPA processes, that the information was in fact inaccurate, you then would have an additional cause of action against them for willfully reporting inaccurate information, and making knowingly false verification of accuracy.  Possible actual and punitive damages.