Jump to content

Understanding the dispute process/Using the FCRA to win


Recommended Posts

I see people all the time who think that the CRA's are the ones verifying TL's. I get PM's on this all the time. In my thread here:

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26481

I say that I don't try to sue the CRA and instead go after the furnisher of information. The reason I do this is because of the way disputes are handled. This post is to help people understand the process.

When you send a dispute, whether it is online, by mail or by telephone, the CRA reduces your dispute to a 2 digit code number and generates what amounts to an email that is then sent to the furnisher (the CA or OC that is reporting the TL) with this code on it. The furnisher then sends an email back to the CRA and tells the CRA whether to delete, modify or leave unchanged the tradeline that you disputed. That's the sum total of the investigation. An email.

You and I both know that there is no investigating going on here. All the CRA does is send an email, all the furnisher does is reply to it. That works in your favor. All you need is to get paper to prove it.

You can see why some advocate sending disputes by CMRRR and suing the CRA. This is certainly not an investigation by any means. There are really two ways you can attack this problem. One is to build a case against the CRA and sue them, or you can try the second way. I prefer this way, but like I said, some prefer to go after the CRA. I have never done it that way, so I can't help you a whole lot there.

This way is rather simple, but it takes a little time. The idea here is to build a paper trail to prove that what the furnisher is reporting is not "complete and accurate" as required by the FCRA and that they are not investigating as required by 623(B). You will hear people refering to this as an S2B violation.

Step one- pull you CR and save a copy for your later use.

Step two is that you write a dispute letter to the furnisher. Whether it is a DV going to a CA or a letter to the OC, it doesn't matter. Your main goal here is to let the furnisher know you are disputing the TL. Send it CMRRR, keep copies, you'll need them later.

Step three: When you get the green cards back, dispute with the CRA. Then, you wait. Wait for the investigation to conclude. When it does, pull your CR and compare the two. You are looking for any discrepancy. The lack of a notice that states the TL under investigation, wrong dates, wrong balance, anything. The best you can get is that they don't match. If they don't, slam dunk- if they don't match, one of them is obviously not complete and accurate, now is it?

Repeat step three. If the CRA won't accept a dispute by mail, try the phone. Try online. Whatever you do, get them to do another "dispute investigation". If you get them to do it twice, verifying incorrect, incomplete or conflicting tradelines means that you have just proven they have committed intentional S2B violations. Willful non-compliance. Multiple violations at $1000 each.

Try an ITS letter. If they won't play, take em to court. Good luck

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.