topic Re: Transunion Response to Verified in General Credit Topics

Transunion Response to Verified

Anonymous — Wed, 29 Sep 2010 19:46:12 GMT

So I had a dispute come back verified and called Transunion to ask for how they verified and got back this response.

Does Transunion have to show be the documents they used during the verification process?

Thank you for contacting Transunion. Our goal is to maintain complete and accurate information on consumer credit reports. We have provided the information below in response to your request.

RE: General Policy

Transunion's procedure for investigating disputed information is to contact, by mail, electronic means or telephone, the source of information. Each source is advised of your dispute and is requested to verify the accuracy and completness of the information reported.

once verification repsonses are received, the disputed information is updated accordingly. Changes are reflected on the summary of results that is sent to you at the conclusion of our investigation. if you have any questions regarding the results of the investigation, please contact the creditor directly.

blah blah blah ...

Transunion

Re: Transunion Response to Verified

RobertEG — Wed, 29 Sep 2010 23:16:37 GMT

They dont have to provide information as to the method of verification unless you specifically requested that in your dispute. FCRA 611(a)(6)(B)(iii).

You can file a request under FCRA 611(a)(6)(B)(iii) for their disclosure of method of verification, but since it was not included in your original dispute, it is questionable as to their requirement to now respond, after the fact.

This is just one of the many, many reasons why I almost summarily recommend that no consumer dispute through the credit reportiing agencies.

They are not a party to the initial credit reporting done by the creditor/CA, and are only an unnecessary middle-man in the process. Worse than that, as the middle-man, they have reduced the entire process, for their economic benefit, to a sham dispute process. All disputes are run through their automated e-Oscar process, which reduces, for over 90% of disputes, to only a three-digit dispute code. Supporting documenatation that you labor to provide is rarely, if ever,forwarded to the OC.

You can now dispute directly with the party who posted the information to your credit report, using the new "direct dispute" process under FCRA 623(a)(8). All supporting documentation of your dispute is thus assured to have been forwarded.

This new process totally bypasses all of the garbage thrown at you by the CRA, including their use of their automated e-Oscar process, which distills your dispute to a three-digit dispute code, and very rarely involves forwarding your supporting documentation to the OC.

Sample direct dispute:

“This is a Notice of Direct Dispute with you, under the provisions of FCRA 623(a)(8)(D), of the accuracy of information you have posted to my credit file.

“In compliance with FCRA 623(a)(8)(D), this Notice of DIrect Dispute includes:

“Identification of the specific information being disputed:

(specify the account(s) numbers, and the specific information)

“Basis for the dispute:

(how their reporting was inaccurate)

“Supporting documentation:

(all documents that support your dispute; make sure to include,

as part of your documentation, a copy of the portion of your

recent credit report showing their reporting of the disptued information)

“Under the provisions of FCRA 623(a)(8)(E), you have the duty to review all of the information in my notice of dispute, and to complete your investigation, and report back to me the results within 30-days of my notice of dispute..”

Re: Transunion Response to Verified

Anonymous — Wed, 29 Sep 2010 23:22:58 GMT

RobertEG, How would this apply to a collection agency who refuses to respond to DV by certified letters and intent to sue letters?

This company just won't respond to anything should I dispute with original creditor or what?

Re: Transunion Response to Verified

RobertEG — Wed, 29 Sep 2010 23:36:11 GMT

aot, it doesnt. No dispute, either through the CRA of directly wtth the CA, relates to compliance with the DV process. It is not a credit reporting issue. DV matters are soley between you and the debt collector, The CRAs are not a party to this process.

DV letters are for control of debt collection activities under FDCPA 809(a).

Failure to respond to a DV letter is the priviledge of any debt collector.

What a DV letter does is to require their cessation of collection activitities with you until such time as they may or may not choose to respond.

There is no grounds for disputing failure of a CA to provide response to DV letter.

Violation occurs only when, having received a DV request, they continue collection activities. YOur remedy then is admin action by the FTC (which they wont enforce), or civil action in court. Not by way of dispute to a CRA.

Re: Transunion Response to Verified

Anonymous — Wed, 29 Sep 2010 23:45:06 GMT

>>You can file a request under FCRA 611(a)(6)(B)(iii) for their disclosure of method of verification, but since it was not included in your original dispute, it is questionable as to their requirement to now respond, after the fact.

I did request this?

>>You can now dispute directly with the party who posted the information to your credit report, using the new "direct dispute" process under FCRA 623(a)(8). All supporting documentation of your dispute is thus assured to have been forwarded.

So your saying I should dispute with the CA who reported me, they are the same company who ignores the DV letters I send?

What do I do if they do not reply to this direct dispute process?

Re: Transunion Response to Verified

RobertEG — Thu, 30 Sep 2010 00:01:14 GMT

They MUST comply. It is not discretionary. It is federal law. That is a major difference between the DV process and the dispute process.

Under the provisions of FCRA 623(a)(8)(E), they have the legal obligation to review all of the information in your Notice of Direct Dispute, complete their investigation, and report back you within 30-days of your notice of dispute of the results of their investigation.

Re: Transunion Response to Verified

Anonymous — Thu, 30 Sep 2010 00:00:45 GMT

What do I do if they don't?

Re: Transunion Response to Verified

RobertEG — Thu, 30 Sep 2010 00:07:19 GMT

Many recourses, and resources. They would have then violated federal law.

FTC enforces administrative compliance with the FCRA, so you can file a complaint with the FTC, who can then choose to bring admin or legal action against the CA.

You can also contact your state attorney general, and ask for state enforcement.

YOu can file a compalint with you local BBB.

You can bring direct civil action against them for violation of fed code.

Re: Transunion Response to Verified

Anonymous — Thu, 30 Sep 2010 01:34:44 GMT

I found these details online

If the OC fails to comply with your dispute, they are in violation of the FCRA, but you can't sue them unless you have disputed with the Credit Bureaus FIRST.

Disputing with the credit bureau FIRST is not something you can shortcut or forget. In order to place the liability of reporting accurately squarely on the shoulders of the OC, you must have disputed the listing with the credit bureaus. This means you have either online, via the telephone or in writing, disputed a listing with the credit bureaus and then WAITED FOR THE RESULTS OF THE INVESTIGATION.

Here is the law which enforces the fact that you must dispute with the credit bureau first:

§ 623. (c) LIMITATION ON LIABILITY- Except as provided in section 621(c)(1)(B), sections 616 and 617 do not apply to any violation of--

(1) subsection (a) of this section, including any regulations issued thereunder;

(2) subsection (e) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 616 or 617, as applicable, for violations of subsection (b) of this section;

Re: Transunion Response to Verified

AndySoCal — Thu, 30 Sep 2010 02:17:43 GMT

When you disputed did you did you provide any documentation to support your dispute ? Also what type of dispute was it? If have documentation to dupport your dispute submit with the dispute it saves time and aggrevation.

Re: Transunion Response to Verified

Anonymous — Thu, 30 Sep 2010 02:26:50 GMT

The problem is the account really is not mine, I don't know what documentation to give them it's from another state which I've never even been to. I sent documents showing I physically lived in my state during the time the debt appeared to be opened but I'm not sure that was good enough.

I'm going to start an investigation with the CA like Robert says and see what happens

Re: Transunion Response to Verified

RobertEG — Fri, 15 Oct 2010 07:46:32 GMT

If the OC fails to comply with your dispute, they are in violation of the FCRA, but you can't sue them unless you have disputed with the Credit Bureaus FIRST.

____________________________________

That is pure rubbish. Whoever wrote this has no understanding of the final direct dispute process, or was written by one in the creditor community, advocating their dead position.. It was obviously wrtten prior to 7/1/2009.

A lillte history, in order to support my statement.

The FACT Act of 2003 entered the legal provisions for direct dispute into the FCRA at section 623(a)(8), allowing a consumer to directly dispute with the one who reported information to their credit files, without having to go through the intermediary of a credit reporting agency, as was normally required under the dispute process of FCRA 611(a).

However, in inimitable Congressional fashion,final implementation of these provisions of FCRA 623(a)(8) were delayed until the lobbyists could have time to persuade the regulatory federal agencies to enact regulations that were most favorable to them. One of the things proposed by the creditors was a requriement that the consumer must first dispute throught the credit reporting agencies.The final rules rejected this.

The regulatory process has now run its course. Final implementing regulations were published in the Federal Register on July 1, 2009 (Fed Reg, vol. 74, No. 128)., and became effective as of 7/1/2010. The final rules have now been incorporated into the Code of Fderal Regulations at 16 C.F.R. 660.4.

The direct dispute process is now a matter of law, with proscribed procedures. No requrirement of any prior dispute with a CRA is a part of the final implementation of direct dispute.

Sample direct dispute letter:

“This is a notice of direct dispute with you, under the provisions of FCRA 623(a)(8)(D), of the accuracy of information you have posted to my credit file.

“In compliance with FCRA 623(a)(8)(D), this notice includes:

“Identification of the specific information being disputed:

(specify the account(s) numbers, and the specific information)

“Basis for the dispute:

(how the reporting was inaccurate)

“Supporting documentation:

(all documents that support your dispute; make sure to include,

as part of your documentation, a copy of the portion of your

recent credit report showing their reporting)

“Under the provisions of FCRA 623(a)(8)(E), you have the duty to review all of the information in my notice of dispute, and to complete your investigation, and report back to me within 30-days of my notice of dispute..”

Re: Transunion Response to Verified

RobertEG — Sat, 02 Oct 2010 05:04:05 GMT

________________________________________________________________________

If you are alleging that the account was not yours, that opens up totally different avenues of action under the FCRA.

That is not a dispute, it is an assertion of no know commitment for what was posted.

That falls under the umbrella of potential identity theft. You dont have to prove, or even allege, that any actual or criminal identity theft has occured. The statute is premeptory... It allows you to prevent that.

The procedure is a bit time consuming, but will cover your buttocks

1. Go to your local police station.

File an allegation of alleged identify theft based on your documented showing of reporting to your credit report of information

that you had/have no knowldege, or authtorization of.

The police will probably have no idea of what you are talkng about, but INSIST that they document your allegation, and issue you a formal

"police report." You dont need evidence, just your allegation. Filing a false police report has potential criminal liabilies. so once you have

that document from them, you have the means to pursue your case

FCRA 603(q) calls this an "identity theft report"

2. Then file with the CRA, under FCRA 605B, a reqeust that this information be blocked from any credit reporting.

Include proof of your identitiy, a copy of the identity theft (police) report, and a statement that

"the information is not information relating to any transaction by the consumer." FCR605B(a)(4).

Re: Transunion Response to Verified SUCCESS

Anonymous — Wed, 13 Oct 2010 23:36:36 GMT

I got a response today from two of the credit disputes experian and transunion that the account does not exist.... I pulled my report and sure enough the original collection agency deleted sometime between the letter I sent them and during the CRA I was disputing.

Finally success and got it off 4 years early !!!!!!!!! Awesome

Re: Transunion Response to Verified

RobertEG — Sun, 17 Oct 2010 05:12:08 GMT

Super! Great persistence!

My advice, repetititive though it may be, is NOT to dispute credit reporting through the CRA under FCRA 611(a). That proces is still there, but I dont recommend its use.

The CRA will first santitise it to a three-digit code, send it electronically under their e-Oscar process to the party who posted the disptued information, and that party then responds back wit a yes or no. It is a sham.

Cut the CRA out of the dispute process entirely. Dispute directly with the party who posted the disputed informtion.

The key now, since it is a new process as of 7/1/2010, is to carefully comply with each provision of the directn dispute process, in order to eliminate all chance of the party asserting that your Notice of Direct Dispute lacks any of the required provisions.

My revised sample direct dispute letter:

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

► (If sent to a debt collector, (CA), it might be beneficial to also include the blurb)

► This is a direct dispute of credit reporting. This is not a request for debt
validation/verification under FDCPA §809(b).
(don’t let them just simply sluff it off as a meaningless DV letter)

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes:

“Identification of the specific information being disputed:

(specify the account number, and the specific information that is disputed under

that identifying account)

“Basis for the dispute:

(how the reporting was inaccurate; was any reporting in violation

of any statutory or regulatory provisions? account or express agreements? CRA reporting gudelines?)

“Supporting documentation:

(all documents that support your dispute; make sure to include,

as part of your documentation, at least a copy of the portion of your

recent credit report showing their reporting of the disputed information was actually reported to your credit file.

The impelementing rule require showing that it appeared in your credit report)

“Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you, to complete your investigation of this information, basis and documentation, and report back to me the results of your investigation within 30-days of this Notice of Direct Dispute.”

Re: Transunion Response to Verified

Anonymous — Fri, 15 Oct 2010 15:26:29 GMT

awesome sample letter Robert !

I'll use it for the 623 I'm sending out today thank you.

I'll also add in "This letter has been sent by certified mailing"

Re: Transunion Response to Verified

RobertEG — Sun, 17 Oct 2010 04:50:03 GMT

Excellent addition, aot!

Unlike DV, GW and PFD letters, which have no set perod for response, direct disputes do have a fixed date for response that is pegged to their date of receipt of the dispute.

topic Re: Transunion Response to Verified in General Credit Topics

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