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Disputed accounts, no contracts

crysis325
New Visitor

Disputed accounts, no contracts

I have two collections (TimePayment Corp and SSFCU) that are already paid off and I contacted both companies on getting it removed. Both companies are crooked and keep giving me the run around. SSFCU turn a Voluntary Surrender into an Involuntary Repossesion in spite of some paperwork I signed stating this status and tried to charge me more than what their 3rd party collection company stated I owe. TimePayment keep saying that I signed a contract with them which gives them the right to report whatever they want (their words) and when I asked for this contract they never provided it. I'm about suing both companies under FCRA. Do you think this fair? Thanks
Message 1 of 9
8 REPLIES 8
crysis325
New Visitor

Re: Disputed accounts, no contracts

I forgot to mention that I recently disputed these accounts on my Experiab report and I received two notices in 1 envelope. The first notice was from 30 days of my dispute stating that TimePayment was removed. The other notice was printd the day after that TimePayment was added back on because it "verified". I'm tired of this crap.
Message 2 of 9
corpcrmgr
Valued Contributor

Re: Disputed accounts, no contracts

Write to both companies again. Include the proof that you have paid in full. Send the letters certified mail/return receipt. Give both companies a short window to respond.  A week or so. Wait another week if no response. Send a small claims court form filled out if no response. Give a short window again to remove or you will file.

 

Send a copy of the first letters to the credit reporting agencies that are reporting these creditors after your get the green cards back and the time has run out. Good luck.

 

 

Message 3 of 9
RobertEG
Legendary Contributor

Re: Disputed accounts, no contracts

You must first, before bringing civil action asserting violations of the reporting requriments of the FCRA, file a dispute of the accuracy of the reporting with the CRA.  If they then verify the accuracy of their reporting, you have the right to bring civil action on the basis of their lack of reasonable investigation of your dispute, but not on their having reported inaccurate information per se.

See FCRA 623(c).

 

I would recommend filing a dispute with the CRA before initiating a civil action, which will then provide you a legal basis for civil action.

Message 4 of 9
corpcrmgr
Valued Contributor

Re: Disputed accounts, no contracts

My suggestive sending of a SCC form is really a bluff that often works.

Message 5 of 9
crysis325
New Visitor

Re: Disputed accounts, no contracts

@corpcrmgr Thanks for the advice, I am grateful! This sounds pretty awesome and I hope it works!

Message 6 of 9
crysis325
New Visitor

Re: Disputed accounts, no contracts

@RobertEG Thank you for your advice as well. I have been looking into it but the CRAs have been violating this and they don't care. However I will try with 623c.

Message 7 of 9
RobertEG
Legendary Contributor

Re: Disputed accounts, no contracts

In a dispute resolution, the CRA forwards to the furnisher, requiring the furnisher to conduct a reasonable investigation, and refer their results back to the CRA.

If they verify, that verification is subject to private civil action, and thus judcial review per FCRA 623(c).  They cannot ignore the court.

 

Additionally, FCRA 616 provides for both actual and punitive damages if you can show willful noncompliance by verification when their investigation shows otherwise.

Message 8 of 9
corpcrmgr
Valued Contributor

Re: Disputed accounts, no contracts

One applies for credit gets turned down and the prevailing thought is not to accept the decline , but to call the recon/backdoor number. One can follow "the process" or one can try a method that is less time consuming and puts the impetus on the reporting party . It has worked for me and others.

Message 9 of 9
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