DV/dispute *ALL* negatives? What about OCs?

[sharizap]

Is it really necessary to dispute EVERY negative on your CR? I really don't see anything on either my or my dh's CRs that I don't think are ours. Nothing suspicious at all, really. If I know the accounts are valid- other than possible variations in reporting from one CRA to the next- do I really have grounds to dispute the listings, and what is the advantage of that? I guess what I'm asking is, is it worth the time and effort? If I'm willing to settle anyway, and not so much looking to get them off my cr without paying, does it do any harm or am I setting myself up for problems if I skip that step? I'm referring mostly to OCs that, inexplicably, still hold the account despite years of non-payment. I have to note that we're not really being pursued (at the moment) by these OCs- no phone calls or letters- with the single exception of the Merrick Bank rep who I called before I found this site and has called several times a day for the past two weeks, leaving messages. I've been avoiding her call till I figure out how I want to approach that particular account.

I'm honestly curious about this. If it's a situation where if I skip a step I won't have legal recourse if something goes wrong later, then I will by all means do every single step. I'm just thinking that, in some cases anyway, might I be better off to just call the OC and see if we can work something out?

I have other DV/Dispute questions- will post separately for brevity.

[MadinKS]

other than possible variations in reporting from one CRA to the next- do I really have grounds to dispute the listings, and what is the advantage of that?

Variations=violation of FCRA.

If I'm willing to settle anyway, and not so much looking to get them off my cr without paying, does it do any harm or am I setting myself up for problems if I skip that step?

It won't cause problems if you're going to pay them, but if you dispute and 7 of the 10 are deleted, are you better off? Yes. Because you have removed negative information completely. If you really feel it's imperative that you pay each one then at least go for PFD.

[sharizap]

if you dispute and 7 of the 10 are deleted, are you better off? Yes.

But, what are the chances of them just being deleted if they're definitely ours? Wait... because the CA won't be able to prove that they can collect?

Ok, speaking of variations, here's one for you. On my EX CR, there's a listing for an old CC C/O that's still with the OC. Nutshell- the balance is $244 since Jan 05. But it shows a "recent payment" (no date) of $45! 1- I didn't make a $45 payment, and 2- if I did, why isn't it reflected in the running balance shown in the account history?

[sharizap]

Also, if I can't DV the OC, how do I go about requesting some sort of validation from them? There's one old CC CO that I really DON'T know is mine- I don't remember having the account. (doesn't mean I didn't- I just don't remember it.) How do I go about validating that one if it's not with a CA?

[MadinKS]

But, what are the chances of them just being deleted if they're definitely ours? Wait... because the CA won't be able to prove that they can collect?

A lot of them don't have records that go back very far. If they can't verify, they must delete (in a perfect world).

Ok, speaking of variations, here's one for you. On my EX CR, there's a listing for an old CC C/O that's still with the OC. Nutshell- the balance is $244 since Jan 05. But it shows a "recent payment" (no date) of $45! 1- I didn't make a $45 payment, and 2- if I did, why isn't it reflected in the running balance shown in the account history?

Let me see if I can guess. Applied Card.

Also, if I can't DV the OC, how do I go about requesting some sort of validation from them? There's one old CC CO that I really DON'T know is mine- I don't remember having the account. (doesn't mean I didn't- I just don't remember it.) How do I go about validating that one if it's not with a CA?

You dispute w/the CRAs as no knowledge of account. Hopefully you get a delete. If not, you dispute directly w/the OC. You have that right. You write them a letter and tell them you dispute the account. Not validation, but dispute.

[sharizap]

Let me see if I can guess. Applied Card.

Nah, it's a charge account with a clothing catalog/website. It's not a huge amount, and one that I had planned to pay off in full and ask for a PFD, but if they're futzing with my account to re-age, maybe I'll fight it instead!

[MadinKS]

account to re-age, maybe I'll fight it instead!

If they're breaking the law, why wouldn't you fight it?

[sharizap]

If they're breaking the law, why wouldn't you fight it?

I guess that's my question- if they're breaking the law by showing a payment that I didn't make.

Ok, so since this is another OC issue, do I handle this the same as the other one? (my dh's from the other post?) Meaning, dispute w/CRA first- no knowledge? Or another reason? Then what? I suppose I could wait to ask that till I get the response from the CRA.....

y'know how it is... I want all the answers NOW!!

lol

[MadinKS]

I guess that's my question- if they're breaking the law by showing a payment that I didn't make.

Get a copy of the bank statement from the month they say you made the supposed payment. If no payment on statement, no payment happened.

Ok, so since this is another OC issue, do I handle this the same as the other one?

Yep.

Then what? I suppose I could wait to ask that till I get the response from the CRA.....

Good idea.

y'know how it is... I want all the answers NOW!!

I'm tryin' to keep up.

I better get off the computer or my wife's going to walk out on me. If you post more questions, I will try to get to them tomorrow morning if someone doesn't step in and help you out. Sorry to bail on you but it's marriage repair time. Talk to you later.

[sharizap]

Get a copy of the bank statement from the month they say you made the supposed payment. If no payment on statement, no payment happened.

So is that a violation or a broken law? Even though they're not a CA? From this part of the website: http://www.creditinfocenter.com/rebuild/debt_validation.shtml

The FDCPA does not cover collection tactics employed by original creditors (like credit card companies who issue credit cards). It only governs the actions of a debt collector.

So have they broken a law or committed a violation?

I'm tryin' to keep up.

LOL. thanks- I really do appreciate your help and answers. I'm getting it & it's sinking in. I'll try to slow down the questions for the night.

[MadinKS]

So is that a violation or a broken law?

Ok. One more and I'm out.

It's a violation of the FCRA for reporting inaccurate or false information. Regardless if it's an OC or CA because both are considered "furnishers of information" per definition. It states:

§ 623. Responsibilities of furnishers of information to consumer reporting agencies

[15 U.S.C. § 1681s-2]

(a) Duty of Furnishers of Information to Provide Accurate Information

(1) Prohibition

(A) Reporting information with actual knowledge of errors. A person shall not

furnish any information relating to a consumer to any consumer reporting

agency if the person knows or has reasonable cause to believe that the

information is inaccurate.

( Reporting information after notice and confirmation of errors. A person

shall not furnish information relating to a consumer to any consumer

reporting agency if

(i) the person has been notified by the consumer, at the address specified by

the person for such notices, that specific information is inaccurate; and

(ii) the information is, in fact, inaccurate.

If you can prove that you have not made a payment and they don't correct the error they're in violation of the statute. Good night.

[sharizap]

Thank You