stargirl Posted April 3, 2005 Report Share Posted April 3, 2005 i got my cr today and found that 1 of the 3 accts i disputed wasnt reported as disputed. the other two clearly say consumer disputes reinvestigation in process. is this a violation? one i can sue for $1,000 or can i just use it as leverage to get the tl deleted? Link to comment Share on other sites More sharing options...
divemedic Posted April 3, 2005 Report Share Posted April 3, 2005 No, the cra isnt required to mark it. Link to comment Share on other sites More sharing options...
stargirl Posted April 3, 2005 Author Report Share Posted April 3, 2005 but the creditor is required arent they? i read that it is grounds for 1,000, but i just want the tl deleted Link to comment Share on other sites More sharing options...
Xanathos Posted April 3, 2005 Report Share Posted April 3, 2005 Technically yes, but it's a really weak violation. And some CRA's take longer than others to make those notations. You left a bit out (how it came to pass that the account needed to be marked in dispute i.e. either through timely DV or through a dispute with the bureau), but in general....personally, I'd not launch a lawsuit over that if I were in that boat. Link to comment Share on other sites More sharing options...
divemedic Posted April 3, 2005 Report Share Posted April 3, 2005 Whether a DV to a CA is timely or not, they still are required to mark TL's on dispute under the FCRA. Link to comment Share on other sites More sharing options...
CreditSuperstar Posted April 3, 2005 Report Share Posted April 3, 2005 I DV'd, emailed and spoke with Verizon Wireless in early February. They STILL have not noted that my account is in dispute. Isn't THIS a violation at this point?FCS- Link to comment Share on other sites More sharing options...
pursuit Posted April 3, 2005 Report Share Posted April 3, 2005 yes! the oc must follow fdcpa 807 (eight):Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. Link to comment Share on other sites More sharing options...
gdouglaslee Posted April 3, 2005 Report Share Posted April 3, 2005 I DV'd, emailed and spoke with Verizon Wireless in early February. They STILL have not noted that my account is in dispute. Isn't THIS a violation at this point?FCS- Verizon is an OC and since you haven't indicated that they purchased the account while in default or that they sent collection notices using another name, they are not subject to the FDCPA. If Verizon acted lawfully, then tossed your DV in the trash. Link to comment Share on other sites More sharing options...
divemedic Posted April 3, 2005 Report Share Posted April 3, 2005 That is only half true. If you send a dispute to an OC, they are still required to note the dispute on your TL. You are sending the dispute under the FCRA though, not the FDCPA, so the wording has to be changed a little.BTW, I beat Verizon by doing the DV thing. When they got my summons, I got a call from the Company legal office for Florida. I got a delete and a check.http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=25719 Link to comment Share on other sites More sharing options...
CreditSuperstar Posted April 3, 2005 Report Share Posted April 3, 2005 GDL-My bad. Verizon Wireless is the OC for sure. No CA's involved. However, I did dispute the debt with them and while they did attempt to supply me with verification, they haven't as of yet given me a copy of the signed agreement OR reported that the account is in dispute to the CRA's.I need to re-read the FCRA to see if they actually are in violation of it. Thx for your input. You too Dive-FCS Link to comment Share on other sites More sharing options...
Recommended Posts