topic Re: Incorrect reporting-update in Rebuilding Your Credit

Incorrect reporting

SSH0126 — Sat, 23 Feb 2013 12:49:29 GMT

My spouse tool out a loan at RAC acceptance Feb 2012. We returned the furnniture( it was rental until the amount was paid in full or we turned it in) around April time frame due to being unsatisfied and bad customer service treatment.

First Reported March 2012

Date of Staus May 2012

Terms 36 months

type Rental

monthly payment not reported

credit limite or orgonal amount $5,894

Recent Balance as of May 2012 $5,698

Status: Account Charged off/never late. $5,698 written off. Tis account is scheduled to continue on record until Feb 2019.

How should he handle this account?? It is showing as negative and the furniture was returned.

Re: Incorrect reporting

Anonymous — Sat, 23 Feb 2013 14:13:14 GMT

Direct dispute with RAC>>>CRA dispute>>>MOV

in this case starting with direct dispute would require them to look at their records, and more than likely they would notice their error at that point. if not, id continue down the line above.

Re: Incorrect reporting

SSH0126 — Sat, 23 Feb 2013 14:15:37 GMT

So would he just send a letter stating that we returned the furniture and you all are reporting incorrectly( as charge off) please update.

I honestly do not know what else to put..

Then is they do not budge what should he send to the CRA?

Re: Incorrect reporting

SSH0126 — Sat, 23 Feb 2013 14:16:52 GMT

I do not see MOV in the abbrevations sticky/thread what does that mean?

Re: Incorrect reporting

Anonymous — Sat, 23 Feb 2013 14:19:53 GMT

Basically the same dispute letter youd send to a CRA, just sent/tailored to the OC. Yes, just explain it in detail like you did here. Take a look at the examples in the sticky threads. If you have problems putting it together let me know, ill make up a fill-in-the-blank version for you.

Re: Incorrect reporting

Anonymous — Sat, 23 Feb 2013 14:26:10 GMT

Method of Verification

Basically, when the CR dispute comes back 'verified' (or not positive in terms of what you asked for), youre demanding the CRA supply you with HOW they verified the dispute results (ie fine prove it). Its youre right under the FCRA...they have to comply. Its not just a matter of customer service.

Re: Incorrect reporting

SSH0126 — Sat, 23 Feb 2013 14:31:58 GMT

Okay so would it look like this

RAC Acceptance

( need to look up the address

account # ******

I, ( name) am showing on all three credit reports that you are reporting a write off in the amount of $5,698. I returned this furniture at will.

"I request validation of the debt pursuant to FDCPA809(b)," and let the statutory requirements speak for themselves.

I would add only two other requests, depending upon your circumstances. The courts have held that a consumer has need for some itemization of an asserted debt in order to evaluate its proper amount, so a request for itemization is, in my opinion, prudent and proper.

Additinally, section 809(b) only requires the debt collector to provide the name of the current creditor unless the DV specifically includes a request for the name of the original creditor, so if you have doubt as to their identity, I would also include that request.

As a separate administrative matter, there is a growing tactic amongst some debt collectors to "mistakenly" treat a DV as a dispute.

Thus, I would recommend aslo including the sentence "This is not a dispute of credit reporting under either FCRA 611(a) or 623(a)(8)."

Type my name

Re: Incorrect reporting

SSH0126 — Sat, 23 Feb 2013 14:33:23 GMT

Do I need to add or remove anything?

Re: Incorrect reporting

Anonymous — Sat, 23 Feb 2013 14:50:07 GMT

well thats a dv, you dont dv an oc, only a ca.

heres a cut n paste of the last dispute i did. it was to the cra, but you can tailor it to the oc. all you need to do is explain the situation and what you are asking for. theres really not any kind of 'required official layout' required.

February 21st, 2013

NCAC (Experian)

PO Box 9701

Allen, TX 75013

Notice of Dispute

Dear Credit Bureau,

I have just reviewed my credit report and have noticed there is an inaccurate item on my report:

US DEPT EDUCATION/GSC/CHI: Account Number XX-XXXX:

1) The ‘Date of First Delinquency’ is inaccurate. The original defaulted date is 09/2002. The date you are using as the DoFD was simply a change in how DoE abbreviated the loan status. The change was from “DF” to “DU”, but with the same description “Defaulted, Unresolved”. There were no payments made after 2002 and the account was never brought current. I have enclosed reports from the Dept of Education website for verification (see enclosed).

2) In addition, this account has been paid in full.

Please either update the listing to include only the correct information, or remove it entirely.

I have enclosed a copy of my driver's license and social security card as proof of identity.

Thank you for your time and consideration.

Sincerely,

NAME

United States Army, Retired

Re: Incorrect reporting

SSH0126 — Sat, 23 Feb 2013 14:59:13 GMT

I am probably making this difficult..sorry

Direct dispute with RAC

well thats a dv, you dont dv an oc, only a ca.

by those separate posts because you said to dispute with the OC( it is not charged off). correct

Re: Incorrect reporting

SSH0126 — Sat, 23 Feb 2013 15:16:58 GMT

Sorry I am not trying to be difficult so should I contact RAC or the Credit bureau first??

Re: Incorrect reporting

Anonymous — Sat, 23 Feb 2013 15:22:02 GMT

RAC first, then CRA if RAC doesnt work with you.

Yeah, DV and dispute is different.

DV is for a CA to have them confirm the debt and that they have a right to collect it.

A dispute is disputing either the entire debt, or some aspect of it (ie wrong DoFD, wrong amount due, etc).

Re: Incorrect reporting

SSH0126 — Sat, 23 Feb 2013 15:23:31 GMT

Thanks for clearing it up.

Okay so I need to go on here and find some dispute letters.

Re: Incorrect reporting

SSH0126 — Sat, 23 Feb 2013 15:40:11 GMT

okay I have looked through a number of threads and there seems to be confusion of dv and dispute..

Can anyone point me in a directionof a letter for a dispute to the orginal creditor...

Re: Incorrect reporting

Anonymous — Sat, 23 Feb 2013 15:51:38 GMT

Use the sections you need. Be very detailed in what you are disputing and why.

“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? Account not yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; it is recommened to also include, as part of your documentation, at least a copy of the portion only of your   recent credit report showing their reporting of the disputed information was actually reported to your credit flle. The implementing rule suggests a showing that it appeared in your credit report.

Re: Incorrect reporting

SSH0126 — Sat, 23 Feb 2013 15:53:25 GMT

February 23st, 2013

RAC Acceptance

5501 Headquarters Dr

Plano,TX 75024

Notice of Dispute

Dear RAC Acceptance,

I have just reviewed my credit report and have noticed there is an inaccurate item on my report:Experian

“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.

RAC ACCEPTANCE: Account Number :xxxxxxxxxxxxxxx

1) I am showing on all three credit reports that you are reporting a write off in the amount of $5,698. I returned this furniture at will and undamaged thus there was nothing to write off.

Please either update the listing to include only the correct information, or remove it entirely.

I have enclosed a copy of my driver's license and social security card as proof of identity.

Thank you for your time and consideration.

Sincerely,

Re: Incorrect reporting

SSH0126 — Sat, 23 Feb 2013 17:04:52 GMT

Sigh Is there anyone that can help me with this. I am having trouble knowing exactly what to put. THANKS in advance!!!

Re: Incorrect reporting

Anonymous — Sat, 23 Feb 2013 17:19:21 GMT

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.

“This is a direct dispute of credit reporting.

“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: Account number_______. You are reporting this as a charged off account. Charge off/never late but written off.

“Basis for the dispute:

This is inaccurate due to the fact that this furniture was returned, at will and undamaged on ________________. Therefore, there was nothing to write off. As a rental company and per the written agreement, there is no minimum time frame to rent the furniture. Additonally, I paid a monthly service fee to your company for any damage that may of been incurred during my rental period. Since the furniture was undamaged upon its return, there would be no additonal fees.

You might want to put something here about how it is affecting your credit.

“Supporting documentation:

Enclosed is a copy of the rental agreement and a copy of my current credit report.

Re: Incorrect reporting

RobertEG — Sat, 23 Feb 2013 18:22:50 GMT

Yes, send the direct dispute. It will require them to investigate the accuracy of the reported information, and respond back to you within 30 days.

However, be aware that the dispute processes under the FCRA do not require that verification be accompanied by documentation or proof.

They simply have to conduct a reasonable investigation, and convey their good-faith determination that their investigation has affirmed the accuracy.

The proffered dispute letters argue the facts, which is fine, but they are not required to present their own "facts."

The FCRA dispute processes do not provide for any party to evaluate differences in asserted facts or reach a determination of which position is correct.

You may simply receive their statement of verification.

To get a review of the facts and a binding determination requires getting the matter before a party authorized to do so.

That is the purview of the courts. You might have to bring civil action to get a determination on the facts. It does not actually become incorrect reporting until a court says so.

Re: Incorrect reporting

Anonymous — Sat, 23 Feb 2013 18:22:33 GMT

@RobertEG wrote:
Yes, send the direct dispute. It will require them to investigate the accuracy of the reported information, and respond back to you within 30 days.

However, be aware that the dispute processes under the FCRA do not require that verification be accompanied by documentation or proof.
They simply have to conduct a reasonable investigation, and convey their good-faith determination that their investigation has affirmed the accuracy.
The FCRA dispute processes do not provide for any party to evaluate differences in asserted facts or reach a determination of which position is correct.
You may simply receive their statement of verification.

To get a review of the facts and a binding determination requires getting the matter before a party authorized to do so.
That is the purview of the courts. You might have to bring civil action to get a determination on the facts. It does not actually become incorrect reporting until a court says so.

How does the OP write it? What is included? How is it worded?