Dispute with CRA

Cynthia1123 — Thu, 07 Nov 2013 15:51:01 GMT

Good morning Everyone,

In the hopes of calming myself down and not having a nervouse breakdown,lol, can someone tell me if if I did right by disputing three collection accounts with TU directly without sending a DV to CA first.

I disputed IC Systems(Old Bellsouth Bill) $1042,CMI $245(Comcast Bill) and Convergent $320(Directv), I disputed these because of the amounts being incorrect(atleast as far as I remember) and notComcast because I sent them final payment by mail and requested the account to be closed.

I did it this way because since they are still in SOL, I felt that if I called them it would wake a sleeping giant, if you know what I mean!

But as I sit here at work thinking about it, it's the same thing, I'vwe brought attention to myself. The convergent and CMI I could pay if push comes to shove, but the IC Systems, I am screwed!

IC SYSTEMS is from 2009 though, SOL in Florida is 5 years, in Jan it will be the five years. Can I breath easy on this one?

I am sooo nervous, any advice?

BTW you guy are the best, I am obsessed with this site and my score now....

Cynthia

Re: Dispute with CRA

RobertEG — Thu, 07 Nov 2013 16:08:09 GMT

Disputes under the FCRA relate to the completeness or accuracy of information reported to a CRA.

DVs under the FDCPA relate to the debt itself, regardless of whether it has been reported to a CRA.

If you dispute the legitimacy of a debt AND the debt collector has also reported to the CRA, you could choose to do one, the other, or both.

They are independent.

If the debt collector has not reported to a CRA, you have no basis for a dispute under the FCRA.

If legitimacy of the debt is the basis for a dispute under the FCRA, that is essentailly the same issue as would require their investigation in response to a DV under the FDCPA. The primary difference in content of a dispute or a DV is that, in a dispute, you must provide some basis for asserting inaccuracy, whereas in a DV, you dont. So most will simply send a DV, which cannot be dismissed as lacking basis for showing of an inaccuracy.

Thus, it is duplicative to the extent that their verification of one would also be basis for verification of the other.

A DV compels cessation of collection activities, if timely, and a dispute compels response within 30 days.

If you seek both, then do both, but I would expect the same outcome if basis for the dispute is an assertion that the reporting of the collection is inaccurate because there is no debt in fact.

No harm done. It compels them to do the same thing, but with different outcomess.... either cessation of collection, or response within a set period.

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Dispute with CRA

Re: Dispute with CRA