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Asking again


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No one ever replied to this...so, I'll ask it again. :D

I had a Sears account that charged off. I settled with them (for less than the total) in Oct. 2001. However, on my EQ and EXP reports, it's reported as 120 late every month up to, and including December 2002.

I disputed with EQ as "Not Mine," and it looks like they verified it. I can send them a letter from the C.A. showing the settlement date, and that should get the report changed to show it's not 120 late for the period of Oct2001 - Dec2002. Would that help my score much? Or, should I shoot for another dispute that would get it deleted completely?

Thanks in advance

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§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(a) Reinvestigations of disputed information.

(1) Reinvestigation required.

(A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer.

(B) Extension of period to reinvestigate. Except as provided in subparagraph ©, the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.

© Limitations on extension of period to reinvestigate. Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified.

(a) Duty of furnishers of information to provide accurate information.

§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

(1) Prohibition.

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

(B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

(ii) the information is, in fact, inaccurate.

© No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address.

(2) Duty to correct and update information. A person who

(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

(B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate,

... Find something wrong on your report and call the CRA, and dispute those items your talking about, The CRA has to do the leg work, you are denying as INCORRECT INFO. excersising your write in section 611 of the FCRA;of course you have to find something that is incorrect and not frivouls, those 120 payments are definately not frivs,

... As to how to do it its up to you, I call in and dispute those issues over the phone but sometimes they take wrong info. and fix the wrong thing, its hard to pinpoint what you want changed.

Some people decide to write CMRR request, more work, I haven't done it but I understand they have 30 days to do the leg work and verify , and you have a record of DAY 1: If they don't respond to you, then .... well I'm not sure,

.... maybe some of the other readers can spell out the remainder of the procedure for the newer members on the board, or those who haven't taken that route yet.

You definatly have more LEGAL power the CMRR technique and it's recommended if you have a stubborn dispute, and probably if you want to specify a certain aspect of your report.


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<blockquote>Originally posted by cd

Before anyone complains ... I like this forum best, but the search engine needs some help.


We're not complaining- creditnet is a friend and is often referenced here :)

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<blockquote>Originally posted by cookiemnster

ADSOFT - please read the post before you respond.

He already disputed, now it's time for him to send a procedural request. The CRA's always violate the FCRA when you ask them for the procedures.


OK, so how do you request a "procedural investiation", after disputing an Item?....

... Were do you find it in he FCRA,

... How can get a copy of the FCBA on the board?

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