Jump to content

I have disputed this so many time with no luck...help pls.


user33658
 Share

Recommended Posts

To add: If you've disputed this many times, you're probably going to get the "frivolous" letter.

If you disputed this numerous times, and the OC continued to report incorrect information, take the issue up w/ the creditor and direct their attention to their continued violation of section 623 of the FCRA.

The tradeline is showing a balance of $406, placed for collection, but the past due amount is $0. How can you have an account in collections when the amount in arrears is $0?

Link to comment
Share on other sites

Only problem is, EQ doesn't respond to procedural requests. None of the CRA's do.

Either the OC is not reporting the correct information (violation) or EQ is not investigating properly (violation).

Either way, that can be your firepower to get it deleted.

Link to comment
Share on other sites

I think there is a letter to send to the OC in this case... it basically states you are preparing to file suit against the CRA and that they will be named as well unless they can confirm that the CRA didn't verify with them. Let me see if I can find it. It may be useful...

Link to comment
Share on other sites

There's one downside to that. If you threaten a CRA with legal action, your account is flagged and placed in special handling. It's a huge pain in the rear. I ended up in it for reporting TU to the PA Attorney General. I should have just sued them outright.

Link to comment
Share on other sites

HIya Doc! I would think that if the OC responds with a letter saying that the CRA didn't verify that you could use that as leverage to have that removed as well by just citing the violation, showing proof and requesting deletion.. Is this right?

Anyhow, I am going to post the letter in case someone can use it.. I can't figure out where I have see this posted. I had it saved on my computer.. I think it came off of CB:

Re: OC Name Acct. #xxxx xxxx xxxx xxxx

Dear (OC Name),

I am contacting you now regarding the inaccurate information contained within my EQ/EX/TU (pick applicable) credit files associated with the above account.

On xx/xx/xxxx I disputed the inaccurate information with EQ/EX/TU and it was subsequently verified on xx/xx/xxxx.

Recently I have learned that EQ/EX/TU sometimes does not contact the furnisher of information when verifying a dispute, but merely verifies the information already placed on their magnetic tapes. Due to the nature and circumstances of my last dispute, I find it hard to believe that (OC name) has been contacted by the credit bureaus in question.

Obviously, these sorts of things can create difficulties for the consumer in trying to correct inaccurate information on their credit reports and also legal problems for the furnisher of information because they never get a chance to conduct their own investigation into the accuracy of the disputed information. In addition, it can it can falsely implicate that a furnisher of information has knowingly or negligently furnished inaccurate information to a consumer reporting agency in response to a dispute.

I have already suffered actual damages from the reporting of inaccurate information and am preparing to initiate litigation for violations of the Fair Credit Reporting Act and my states consumer protection laws. However, I wish to make sure I have the responsible party before filing.

If upon receipt of written confirmation that you have no record of EQ EQ/EX/TU contacting (OC name)’s offices regarding the above account during xx/xx/xxxx to xx/xx/xxxx, I will focus my attention upon EQ/EX/TU for failing to properly investigate my dispute saving (OC name) from having to deal with a lawsuit and damages caused by EQ/EX/TU’s negligence in handling the matter. Otherwise, presume that (OC name) provided such inaccurate information to EQ/EX/TU during the reinvestigation process, and will be forced to proceed with the filing of a lawsuit to recover damages.

(Optional paragraph) Please expedite all correspondence concerning this matter, as I am preparing to go mortgage shopping/vehicle shopping in the next few weeks, and any adverse action taken by a lender based on the inaccurate information contained on my credit report(s) will result in damages considerably more than what I have already suffered.

Your cooperation in this matter will insure that EQ/EX/TU fully complies with the Fair Credit Reporting Act when conducting reinvestigations of consumers disputes and possibly help reduce the number of lawsuits against your company caused by the credit bureaus disregard for the law.

So.. there is that letter in case you need it later anyway... :) -Jenn

Link to comment
Share on other sites

Absolutely, miracle. One of the two (the OC, or CRA), or both are not doing something right and are in violation of the FCRA reporting rules.

I was just suggesting treading lightly with the CRA's unless you're ready to do an all-out litigation. It seems an ITS flags your credit file the same as filing suit, so why not file suit and get your civil award as well as the deletion.

The "Lawsuit Hall of Fame" sticky has some great insight into how the process works.

:D

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.