Am I Right?

[tropicaljo]

Scenario: Junk Debt Buyer listed bogus info regarding an invalid debt on DH's CR's. We disputed their trade line something like 9 times between the three agencies. Junk Debt Buyer consistantly verified with the CRA's without having validating the alleged debt with us. In fact after our first dispute with the CRA's, Junk Debt Buyer filed a suit against us without validating, then dropped the suit within 3 days of the court date in 08/05. Because they continued to report the trade line with an inflated balance after dropping their suit (found a new tradeline reinserted on DH's EQ report in 04/2006 showing no creditor name but all the relevant info+new account numbers and balance info), I recently sent them an ITS.

This is an excerpt from a letter I received this morning related to that ITS/Settlement letter I sent out a few weeks ago;

"As to the disputes with the credit bureau, since every time you disputed the account, either 'Junk Debt Buyer Company' or 'Rotten Attorney's P.L.L.C.' responded with a verification of the debt, the FAIR Credit Reporting Act does not require a creditor to report an account as "dispute on account". The Fair Credit Reporting Act only requires a creditor to report a tradeline as "dispute on account" while the investigation is ongoing. Once the creditor determines thta the debt is valid, they are no longer required to report to te credit bureaus ther is a "dispute on the account" 'Junk Debt Buyer Company' never received consumer dispute verification from the credit bureaus during the time period between receiving a FDCPA dispute from you and responding with the corresponding verification of the debt.

As to the copy of your Experian credit report obtained on 09/00/05 (then he lists the information from the copy I provided)'Junk Debt Buyer Company' has proof that this is not the information that was reported to Experian. After reviewing your letter dated 10/00/05 thata was mailed to Experian, I contacted them and asked if this was the reason the tradeline was removed. They stated they did not have any record of receiving the dispute letter from you. After researching our records more thoroughly and questioning Experian, it was determined the last information sent to Experian regarding this tradeline was in March of 2005 and 'Junk Debt Buyer Company' sent information to have the mark removed in June of 2005. I do not know why it took until September for the mark to be removed.

...Since the debt was never under a dispute investigation when we received the consumer dispute verification we were never required to report the account to the credit bureaus as ""dispute on account" and there was no FCRA violation. We never received a FCRA dispute verification in regards to the tradeline listed on the Experian credit report dated 09/00/05, therefore by FCRA definition there is no violation of the FCRA."

First of all, and please correct me if I am wrong, isn't it a violation of the FCRA for a creditor to verify reported information with the CRA's without properly validating the information with the consumer? And wouldn't the fact that we disputed their claims in answering the lawsuit have been valid reason for them to list the tradeline as "In dispute" with the CRA's? By the way, EX may not have any record of that dispute letter, but I have the postal receipts and the green card showing I mailed it and they received it. Any opinions on the statements this jerk Junk Debt Buyer made would be appreciated.