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Should I Dispute this?

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Erika3o3
Regular Contributor

Should I Dispute this?

Ok so I have a 5k CA account on my credit reports. I called them because I was trying to figure out what its from. When I called the company (previous landlord) they had no papers saying i owed money (this account is from 2008). They told me to call there Colleciton Agencies. So i did... they pulled mine and my husbands SS #'s and could not find us in there system. So should I go and dispute this with the credit bureau's???

Fico 8 Scores as of 5/29/21
Equifax: 606 / Transunion 641 / Experian 647

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3 REPLIES 3
DaBears
Senior Contributor

Re: Should I Dispute this?

Yes. If the landlord and their CA doesn't have anything on record call the reporting CA's do not dispute online. The CRA's use e-oscar to verify. Me personally I think its garbage and 99% of the time everything always comes back verified when it shouldn't. 

Message 2 of 4
Erika3o3
Regular Contributor

Re: Should I Dispute this?

OH wow I didnt know that. So I disputed 4 things (not this one though) recently from the credit reporting agencies online! UGH this is stressful lol

Fico 8 Scores as of 5/29/21
Equifax: 606 / Transunion 641 / Experian 647

Captial One Platinum: $500
Capital One QuickSilver: $2000
Discover IT: $1,500
Kohls: $300
Message 3 of 4
RobertEG
Legendary Contributor

Re: Should I Dispute this?

You have two options.  You can send a DV, or you can dispute the accuracy of their reporting.

 

If you send a DV, provided it is timely (i.e., they have either not sent dunning notice, or you are still within 30 days of their dunning notice), it will invoke an automatic cease collection bar on them until such time as they choose to provide the requested debt verification.  However, even if they cant verify, they could choose simply not to respond, leaving you in limbo.  Probably not the best path if you have a legitimate basis for dispute.

 

If you dispute, you must first have a legitimate basis for challenging the accuracy of their reporting.  Just asserting "account or debt not mine" is usually very flimsy, but in view of their statement to you that they have no records to support the collection, it might pass.  They must investigate the accuracy, and if upon their investigation they still agree that they have no supporting documentation, they must then promptly report its deletion to the CRA.

 

A dispute, unlike a DV, has a set period in which they must either verify, correct, or delete the disputed information.  I would suggest sending your dispute directly to the debt collector rather than disputing through a CRA, as disputes made through a CRA dont forward all of your supporting documentation and arguements to the debt collector, so your basis for dispute will be reduced to a check-box on their e-OSCAR form.

 

Sample direct dispute format, sent directly to the debt collector, not the CRA:

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

       ►       (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb:

               “This is a direct dispute of credit reporting. This is not a request for debt
              validation/verification  under FDCPA §809(b).”.
                  (don’t let them just simply sluff it off as a  DV letter)

 

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:
           (specify the account number, and the specific information that is disputed under

             that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or

             regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not

              yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; it is recommended  to include,

             as part of your documentation, at least a copy of the portion only of your

             recent credit report showing the disputed information was

              actually reported to your credit flle.  The implementing rule suggests a  showing

               that it appeared in your credit report)

 

 

 

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