Received letter from OC. What"!

[ElorraM]

I sent a disputed to an original creditor about some pays attached to an account. They state that the no longer have an records regarding the account. They also state if I want to correct the item I need to dispute the item with the credit bureaus.

I wrote them back and told them WRONG. I have notified them that I was never late, they have no proof that I was ever late, so they need to update this with the credit bureaus. I quote the section of the FCRA that deals with the responsibilities of furnishers of information as well. This is what I got back from them:

Dear XXX,

“….We would be more that happy to confirm the information report on your loans for you, however, we are not able to initiate this action for you.

In the Commentary to the Fair Credit Reporting Act 1681i(611), Item 7 states

“A consumer reporting agency is required to take action under this section only if the consumer directly communicates a dispute to it.”

Item 8 goes on to state:

“A consumer reporting agency need not reinvestigate a dispute about a consumer’s file raised by any third party, because the obligation under the section arises only where an item of information in his file is disputed by the consumer.”

You are correct in stating that we have an obligation you report the correct information and we would be happy to change any correct reporting. As soon as you begin a dispute action with the credit bureau we will receive a dispute claim from them which begins the process. We will be awaiting the arrival of the dispute form.

Sincerely,

XXXX

LOL. I can only laugh. The section she is quoting makes no sense. Doesn’t that only apply to the credit bureaus, ie the consumer reporting agency? I quote her her responsibilities under the FCRA and she tells me she can only fix it if the credit bureaus send her a dispute form?? So that is the only way that can fix erroneous information. She has no idea what she is talking about. Am I totally off base here?

[luckyduck]

save that letter. If they know they have something incorrect it is their obligation to report it correctly, period. They are telling you that they can report anything they want until you dispute it with the CRA. FACT: You can't take action against them until after you dispute with the CRA. OTHER FACT: FTC and state AG can take action against them without you disputing with the CRA. You know it is incorrect? You have proof? Dispute with the CRA and if it isn't corrected, complain to FTC and AG.

[Recovering Attorney]

Under the recent amendment to FCRA, you can dispute directly with the OC and they have to report to you and the CRAs. So, save that letter, it is patently wrong advice.

You might want to take the letter that says they have no info on you, and use it to dispute with the CRAs. say that becasue the OC cannot verify the info, the item is inaccurate at best, unverifiable at worst, and deletable either way. Give them 30 days to remove and report to you or you'll sue