topic Re: What I would do in General Credit Topics

Help With A Dispute

senseidab — Fri, 06 Apr 2007 03:04:49 GMT

I had a collection account listed on my equifax report 6/06. Collection agency continues to report this as a paid collection. Original Creditor gave me documentation that my account has been reprortrd to collection in error. 4x certified letter with evidence sent to equifax re-investigated and still remains on my report. Can anyone give me a suggestion? TY

Mind elaborating on what "documentation that my acco...

Anonymous — Fri, 06 Apr 2007 06:16:44 GMT

Mind elaborating on what "documentation that my account has been reprortrd to collection in error" is? If the OC erroneously sells an account to a CA, it's still CA's account.

Letter from OC states that account was reported in error...

senseidab — Fri, 06 Apr 2007 12:17:38 GMT

Letter from OC states that account was reported in error due to divore dispute and change of address. TY

Divorce decree

Anonymous — Fri, 06 Apr 2007 15:50:31 GMT

Divorce decrees do not release you from a binding contract, however; I have seen items deleted from credit reports when you use the " Not mine" option and include that it is your ex-spouse's debt.

I think your tactic has failed because you dispute that it is a collection, whether paid or not it's still a collection and once verified it will remain on your report. Try the dispute above, all they can say is no.

One other note, use the online dispute- no paperwork required and I have removed items this way that belong to my ex-spouse.Also, anything less than 2 years old is hard to remove because they still have proof on file. Usually creditors archive or get rid of paperwork after 2 years and will not bother to verify that it is your account.

"Try the dispute above, all they can say is no. On...

Anonymous — Fri, 06 Apr 2007 18:12:41 GMT

"Try the dispute above, all they can say is no.

Using "not mine" is generally a bad choice as it may lead to the CRA inserting fraud alerts on all of your reports, which may be an extra hassle to remove.

Using online disputes is even worse idea - don't do the CRA's job for them. In fact with an online dispute they very frequently just check that the item is indeed in their own database and verify that based on that, without ever contacting the person reporting this.

Equifax Dispute...

Anonymous — Mon, 09 Apr 2007 02:17:22 GMT

It is my understanding that since you paid off the account, everything refreshes to the date of last activity by you. It would seem it's just a matter of if/when the CA reports it again.

I could be wrong because I'm as new as new can be to all of this stuff. However, as I stated in a previous post in another thread, a friend of a friend is a lender and she advises not to pay off old stuff because it is new account activity and could remain for another 7 years. Which I take to mean that if you make an agreement or make any form of payment, it changes the Statute of Limitations to the date the agreement or payment was made.

What I would do

Anonymous — Wed, 11 Apr 2007 02:57:49 GMT

senseidab wrote:
i recently disputed a collection account on my equifax report. I have a letter from the original creditor stating that my account was referred to collection in error. Equifax continues to verify my account with the collection agency not the creditor.....It's been a nightmare any advise?

Send the letter to Equifax with dispute. If you've already done so advise the CA that you have the letter forward a copy of letter to CA advise them that you will be contacting the FTC to resolve the matter for you. Give them 30 days to remove and request something in writing stating that it will be removed.

Contact the FTC make your complaint againt the CA they will probably ask you forward all info. let them know about the letter you have

Make all written correspondance return receipt cert mail..

Re: What I would do

Anonymous — Wed, 11 Apr 2007 18:19:24 GMT

Send the letter to Equifax with dispute. If you've already done so advise the CA that you have the letter forward a copy of letter to CA advise them that you will be contacting the FTC to resolve the matter for you. Give them 30 days to remove and request something in writing stating that it will be removed.

Contact the FTC make your complaint againt the CA they will probably ask you forward all info. let them know about the letter you have

Make all written correspondance return receipt cert mail.."

Primary problem is that if the CA owns the account, the OC's opinion is completely irrelevant. Plus, as mentioned above, a divorce does not nullify credit obligations.

Re: What I would do

senseidab — Wed, 11 Apr 2007 19:01:52 GMT

The OC states in the letter that the bills were sent to wifes address and never sent to my new address. Will the FTC help me?

Re: What I would do

Anonymous — Wed, 11 Apr 2007 22:39:34 GMT

Unfortunately not receiving a bill doesn't change a late payment. It may sound harsh, but the report is fully accurate. Whether you get divorced does not nullify past credit obligations, which is to pay appropriate amounts on time (how you're notified, or not at all, about these obligations doesn't change them).

FTC may help to get better results, but do realize the asking nature of your request.

Re: Help With A Dispute

Anonymous — Thu, 12 Apr 2007 05:53:19 GMT

senseidab,

I must say that I am rather taken aback by many of the previous posters comments implying it's all your fault, you shoulda known better, and shoulda just paid your bills ontime. Allow me to toss in a bit of hope.

Once you've disputed, and the CRA validates, you do have another option. CRAs are required by law to provide you, upon request, with the method of verification used.

FCRA section 611(a)(6)

(A) In general. A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency.

(B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph (A)

(i) a statement that the reinvestigation is completed;

(ii) a consumer report that is based upon the consumer's file as that file is revised as a result of the reinvestigation;

(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

(iv) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information; and

(v) a notice that the consumer has the right to request under subsection (d) that the consumer reporting agency furnish notifications under that subsection.

FCRA section 611(a)(7)

Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description.

1. With the CRA's investigation result in which they validated the account, call the CRA at their toll-free number.

2. Give them their reference number and ask for their method of verification. If they act dumb, tell them the method of verification they are required to provide per FCRA section 611(a)(7).

3. They probably never called the original creditor (OC) and relied upon a third party or inhouse database to verify. They may or may not admit it. They'll probably cough up the OC's phone number. Probably will be a general number.

4. Call OC and inquire of their records. Remind them of their letter stating it went to collections in error.

5. When they reconfirm that it was reported to collections in error, express thanks to the person for all their help. Get the person's name and direct line or extension number.

6. Call the CRA and tell them the OC confirmed it was reported to collections in error. Tell the CRA they need to open another dispute. The new information for the dispute is the name and number of the person with whom you spoke at the OC. Get a confirmation number for the new investigation.

7. If they refuse, tell them you will sue for willful non-compliance under FCRA section 616.

8. If they still refuse to open a dispute, ask for the person's name, a direct number, and their employee ID number. Then send your dispute via CMRRR (certified mail returned receipt requested) again. Note your calls to the CRA and OC in an effort to obtain their method of verification. Repeat in your letter that you will sue for willful non-compliance if they fail to open an investigation. Include a photocopy of the letter you received from the OC, and the name and number of the person at the OC with whom you spoke.

Document your phone calls on a sheet of paper. Note the date, time, phone number you called, person you spoke with, and summarize the conversation.

If you don't get a delete, time to take everything you have to a lawyer. Here are two sources of lawyers experienced in this area.
http://naca.net/find-consumer-protection-attorneys/
http://www.myfaircredit.com/s/national-coverage-map