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FCRA

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Downto0
Regular Contributor

Re: FCRA

One last note...afer rereading the op's first post, it would seem that the op did dispute with the CRA's and the next logical move would be to threaten court action if they did not comply.

 

One should always give the settlement process outside of court a fair chance but when settlement has failed then it is time to sue, or give up the cause.

Message 11 of 14
LIGHTNIN
Moderator Emerita

Re: FCRA


@Downto0 wrote:

One last note...afer rereading the op's first post, it would seem that the op did dispute with the CRA's and the next logical move would be to threaten court action if they did not comply.

 

One should always give the settlement process outside of court a fair chance but when settlement has failed then it is time to sue, or give up the cause.


It's very hard to read these posts and try to understand what one person is trying to say. You can have 100 people go to a movie and you'll get 100 different opinions of the same movie.

 

I just re-read the OP 1st post and I didnt see where OP said they disputed with the CRA's, only wrote a letter and sent copies from the OC's,telling the CRA's to remove items from CR. 3 and 1/2 lines was in form of a question, so it was hard to determine what exactly the OP did.

 

Downto0 I agree with you, to take legal action when all else has failed. And to the lurkers out there,know your rights, take time to read the FCRA and the FDCPA.Smiley Wink

 

dodgehilton....Congrats on the deletes, Oh and keep all the paperwork about this situation, just in case you need it in the future.

FICO Dec 2025 EQ760~~Live below your means and always keep an emergency fund -Love Everybody ~ Big Kenny ~ Big and Rich ~~~~~Credit Scoring 101 - Common Abbreviations - Freq Req Threads - Free Credit Reports - What Steps Do I Take?DV? PFD?
Message 12 of 14
Downto0
Regular Contributor

Re: FCRA

Yep, the op did not say dispute but there could be no other reason why the op was sending the letters from the creditors  to the CRA.  One is left to assume because posters often do not supply all the details.

Message 13 of 14
RobertEG
Legendary Contributor

Re: FCRA

The FCRA places the responsibility on the furnisher of information to report the deletion of inaccurate information to the CRAs.

That responsibility accrues when, as a result of a dispute of the accuracy of information, the furnisher finds the disputed information to be inaccurate, incomplete, or could not be verified.  FCRA 623(b)(1)(E) then requires them to either modify the information by reporting to the CRAs such as to make it complete or to delete it.

The CRA is then mandated to promptly correct or delete based on the results of their reinvestigation, pursuant to FCRA 611(a)(5)(A)(i).

 

So the issue of a resolved dispute is at the heart of th furnisher requirement to report  correction or deletion, and the CRA compulsion to correct or delete.  Was there actually a dispute that was resolved by way of a report of results of the reinvestigation from the CRA, as set forth in section 611(a)(6), or are we just talking about shooting off letters to the CRA?

 

Did the furnisher actually send a deletion report to the CRA?  That is the document I would want in hand.

 

Message 14 of 14
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