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Disputing an item more than once?

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Anonymous
Not applicable

Disputing an item more than once?

I have a baddie on my CR from Lancaster Collections. Originally it was from a creditor that I had never heard of. I disputed it through EX and now it has been updated and instead of a creditor name it just states Medical. I had no idea who it was when it named a company name... now I really have no idea who the company is. Should I send a letter to Lancaster Collections asking who the original creditor is, dispute the item a second time or both?

 

Thanks in advance. Also if there are any other ways you think this situation could be handled I am all ears.

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3 REPLIES 3
RobertEG
Legendary Contributor

Re: Disputing an item more than once?

FDCPA 809(a) provides separate authority for the consumer to request the name of the original creditor and their address as part of a DV request, for the very reason that sometimes just providing the name of the current owner of the debt is not sufficient for a consumer to identity the source of the debt.

 

When did they send dunning notice (which determines whether a DV would still be timely)?

 

As for a dispute, what was the basis of your prior dispute?  That they did not provide the name of the OC, that you never owed a debt to the named OC?

They most likely, in reviewing the dispute, saw that ti was medical, and sanitized the name of the medical provider.

 

The dispute processes provide the ability to dismiss a second or subsequent dispute on the basis that it is "frivolous or irrelevant" if they have previouly investigated a prior assertion of inaccuracy of the same information on the same basis.   One issue, one obligation to investigate.

 

You might simply give them a call and ask for the name and details of the alleged debt.

Message 2 of 4
Anonymous
Not applicable

Re: Disputing an item more than once?


@RobertEG wrote:

FDCPA 809(a) provides separate authority for the consumer to request the name of the original creditor and their address as part of a DV request, for the very reason that sometimes just providing the name of the current owner of the debt is not sufficient for a consumer to identity the source of the debt.

 

When did they send dunning notice (which determines whether a DV would still be timely)?

 

As for a dispute, what was the basis of your prior dispute?  That they did not provide the name of the OC, that you never owed a debt to the named OC?

They most likely, in reviewing the dispute, saw that ti was medical, and sanitized the name of the medical provider.

 

The dispute processes provide the ability to dismiss a second or subsequent dispute on the basis that it is "frivolous or irrelevant" if they have previouly investigated a prior assertion of inaccuracy of the same information on the same basis.   One issue, one obligation to investigate.

 

You might simply give them a call and ask for the name and details of the alleged debt.


My original dispute was based on the fact that I had no knowledge of the account.

 

By they you mean the Debt Collection Agency listed on my CR correct?

Message 3 of 4
RobertEG
Legendary Contributor

Re: Disputing an item more than once?

In any dispute filed with a CRA, the CRA is required to forward the dispute to the furnisher of the information, and the furnisher is required to respond back to the CRA within the CRA's reinvestigation period.  If basis for the dispute was that you dont recognize the account, the furnisher/debt collector was requried to reiew their documentation,and reach a reasonable determination as to whether it supports your obligation for the asserted debt.  If they conclude that they have reasonable basis, they can verify the accuracy back to the CRA.  They are not required to send supporting documentation, or "prove" the issue.

 

If that was the conclusion of the dispute, then you have their statement that they conducted a reasonable investigation, and affirm the accuracy of their reporting.

That ends the dispute.  To compel them to produce their documentation, and provide your own contesting documentatiion, requires additional judicial review that is beyond the scope of the FCRA dispute process.

 

Having concluded a reasonable investigation a verification of the accuracy via a CRA dispute, they can dismiss any subsequent direct dispute without need to re-conduct an investigation.

 

The inherent problems in resolving factual disputes over "account not mine" is the reason that congress amended the FCRA by addition of the "identity theft" process.

That process avoids all issues over whether the consumer authorized the account.  The consumer need only file a sworn affirmation before a law enforcement agency that they did not authorize the accunt, and thus that any reporting of such an account must have occured through use of their identity.

Mailing that police report to the CRA requires them to block that asserted identity theft information from an subsequent credit report they issue.  FCRA 605B.

 

 

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