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Dispute, today is the 30th day

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Anonymous
Not applicable

Dispute, today is the 30th day

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Today will be day 30, is this good news? Should I expect an answer by the end of the day? Been disputing this for about 4 months and all the info the debtor has given were bad (address returns mail, phone numbers disconnected, 2nd phone number to another place whom doesn't know I exist/doesn't know other company/website no longer exists/email doesn't work)

Message 1 of 10
9 REPLIES 9
coreysw12
Valued Contributor

Re: Dispute, today is the 30th day

Maybe they went out of business?

 

Do note, though, that while the law says the dispute must result in a favorable credit report update if the creditor doesn't respond in 30 days, the creditor has all the time in the world to respond to the dispute and have it changed back again.

 

Many times, people have had baddies removed with a dispute because the creditor didn't respond in 30 days, only to end up having the baddies reappear again one or two (or more) months later after the creditor finally got around to responding.

 

So while this is good news "for now", I wouldn't count on the dispute results sticking permanently.

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Message 2 of 10
Anonymous
Not applicable

Re: Dispute, today is the 30th day

Nice, that's good to know. If they respond and say the debt is valid, I definitely want to take care of it. Thanks for that info

Message 3 of 10
Anonymous
Not applicable

Re: Dispute, today is the 30th day


@coreysw12 wrote:

Maybe they went out of business?

 

Do note, though, that while the law says the dispute must result in a favorable credit report update if the creditor doesn't respond in 30 days, the creditor has all the time in the world to respond to the dispute and have it changed back again.

 

Many times, people have had baddies removed with a dispute because the creditor didn't respond in 30 days, only to end up having the baddies reappear again one or two (or more) months later after the creditor finally got around to responding.

 

So while this is good news "for now", I wouldn't count on the dispute results sticking permanently.


I do not believe this to be correct.

 

TooTank disputed an item on their CR, they have 30 days to respond or it must be deleted. This is how credit repair companies exist, dispute and hope they don't answer is their motto.

 

Now, if he had done debt validation, what you state is true. Many believe they have 30d to respond, but once the 30d after the dunning notice was attempted to be sent, then they are not reauired to respond in any particular period of time (depending on state, I believe TX does require it to be 30d).

Message 4 of 10
RobertEG
Legendary Contributor

Re: Dispute, today is the 30th day

There appear to be multiple issues......

 

First, there were apparently prior disputes that were verified, but the consumer asserts that they lacked adequate supporting documentation to prove the validity.

A dspute is only required to be reasonably investigated, and a decision made and conveyed that either verifies, corrects, or deletes the asserted inaccurate information.  There is no requirement that the verification be accompanied by supporting documenttion, or that the validity be "proven."  That level of proof is reserved for the courts.

Thus, there may already be adequate verificaiton.

 

Additionally, the FCRA only mandates that the furnisher conclude their investigation and reply back to the CRA within 30 days of filing of the dispute, not that  a decision be received by the consumer within 30 days.

The consumer has no way to independently resolve whether the CRA has received a response from the furnisher within the required 30 day period.

 

The CRA then has an additionally 5 business days after expiration of the 30-day dispute period within which to mail (or convey electronically, if the consumer has consented to electronic receipt) of the results of the CRA's final reinvestigation.   That comes in the form of a formal Notice of Results of Reinvestigation from the CRA.

Finally, if sent via mail, there will be approx 3-5 days from maill date to date of physical receipt by the consumer.

Thus, a proper NOtice of Results of REinvetigation may take up to 45'ish days from date of dispute until receipt by the consumer.

 

Give it another couple of weeks before complaining......

Message 5 of 10
Anonymous
Not applicable

Re: Dispute, today is the 30th day

Update:

 

I called equifax today and they told me the investigation was completed on sept 15. On equifaxs website it still shows as pending. They gave me the same information as the previous disputes so I feel stuck. Don't know what to do...equifax told me not to worry about it as it will fall off in 2022 but still doesn't seem like it's right...please help?

Message 6 of 10
RobertEG
Legendary Contributor

Re: Dispute, today is the 30th day

There is no requirment that the CRA conduct any investigation of a second or subsequent dispute that is substantially the same as a prior, completed dispute.  They can simply dismiss a repetitive dispute as "frivolous or irrelevant" without any requirement for any investigation of the dispute.  See FCRA 611(a)(1)(F).

 

Accordingly, it can be dismissed without setting any investigation/reinvestigation time period.

You can file a civil action contesting the reasonabeness of the concluded prior dispute, but there is no appeal of right to a renewed dispute of the same issue unless you provide new information not previously submitted in support of a new dispute.

Message 7 of 10
Anonymous
Not applicable

Re: Dispute, today is the 30th day

Civil action as in getting with a lawyer?

Message 8 of 10
RobertEG
Legendary Contributor

Re: Dispute, today is the 30th day

Yes, by filing of a lawsuit, which then provides access to filing and evaluation of factual evidence by the court, and a binding legal determination as to whther the dispute has been adequately verified on the merits.

Message 9 of 10
Anonymous
Not applicable

Re: Dispute, today is the 30th day

Thank you so much, I will contact a lawyer tomorrow! 

Message 10 of 10
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