Is this a collection violation? I think it is....

[Jason]

I disputed a Apollo Collection agency account with the credit bureaus two times now. The account does not have "account in dispute reported by subscriber" below the collection account on any of the credit bureau reports.

So would that be a violation with all three credit reports 2 times for each dispute? Totaling 6 violations?

[Recovering Attorney]

Did you also dispute with Apollo?

[Jason]

I did not send them a timely DVL because it is within the SOL. I don't want them to put a judgment out on me.

Are they committing violations above that I stated? Thanks for the help out here.

[Robert Nashville/Savannah]

I'm no expert on bureau reports but my understanding is that if you want your bureau reports to reflect that you hold the accounts in dispute, you must dispute with the reporters of the information; i.e., the collection agencies who are reporting the accounts to the credit bureaus.

I'm not sure, however, what you really hope to accomplish with the accounts being reflected as disputed - since the consumer can dispute an account for virtually any reason (justified or not), it's really fairly meaningless in the overall scheeme of things.

I suggest that what you reall need is a resolution of some kind with these debts.

[Jason]

I'm no expert on bureau reports but my understanding is that if you want your bureau reports to reflect that you hold the accounts in dispute, you must dispute with the reporters of the information; i.e., the collection agencies who are reporting the accounts to the credit bureaus.

I'm not sure, however, what you really hope to accomplish with the accounts being reflected as disputed - since the consumer can dispute an account for virtually any reason (justified or not), it's really fairly meaningless in the overall scheeme of things.

I suggest that what you reall need is a resolution of some kind with these debts.

What I am trying to accomplish is cleaning my credit.

Meanwhile I was wondering if when you dispute with a credit bureau; is the collection agency supposed to mark the debt "account in dispute reported by subscriber."

If they do not is that a violation?

Well I found out....... it is a violation.

[Robert Nashville/Savannah]

...I was wondering if when you dispute with a credit bureau; is the collection agency supposed to mark the debt "account in dispute reported by subscriber."

If they do not is that a violation?

Well I found out....... it is a violation.

What exactly is your basis for saying it's a violation?

How, exactly, is the collection agency supposed to know you dispute the account if you haven't disputed the account with them...and if they don't know, how are they supposed to change their reporting???

Please elaborate.

[Jason]

I disputed with the credit bureaus.

The law says if you dispute, it has to be noted in your CR. It does NOT say what exact wording should be used.

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=272853&highlight=%22account+dispute+reported+subscriber%22

[TTigggers]

Correct me if I am wrong.

According to what you said you have disputed this acct with the CRA's but not the CA.

You stated that there is no "account in dispute reported by subscriber."

IMHO this would be a problem with the CRA and not the CA.

I would think that if you went after the CA with this they would make you look silly and have more of a reason to come after you for the debt.

[Robert Nashville/Savannah]

All well and good.

However, before taking any action, I would suggest that you check the actual law and especailly some case law about what is/isn't a violation and not realy on opinions about what is/isn't a violation.

[Jason]

Correct me if I am wrong.

According to what you said you have disputed this acct with the CRA's but not the CA.

You stated that there is no "account in dispute reported by subscriber."

IMHO this would be a problem with the CRA and not the CA.

I would think that if you went after the CA with this they would make you look silly and have more of a reason to come after you for the debt.

Thanks Tiggers, good to know. I don't plan on going after anyone at this time. But for now it is just good for me to keep notes if the CA or CRA is doing something wrong.

[Jason]

All well and good.

However, before taking any action, I would suggest that you check the actual law and especailly some case law about what is/isn't a violation and not realy on opinions about what is/isn't a violation.

Good job Robert- thank you!

[Jason]

This is from Amerikaner83 http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=272853&highlight=%22account+dispute+reported+subscriber%22&page=2 (I believe he is right here) Don’t you?

OK - time to go quoting FCRA. Here you go:

Quote:

§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection ( of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(1) Cases under title 11 [united States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.

(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(1)

(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1

(6) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless--

(A) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or

( the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance.

( Exempted cases. The provisions of paragraphs (1) through (5) of subsection (a) of this section are not applicable in the case of any consumer credit report to be used in connection with

(1) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of $150,000 or more;

(2) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $150,000 or more; or

(3) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more.

© Running of reporting period.

(1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

(2) Effective date. Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996.

(d) Information required to be DISCLOSED-

(1) TITLE 11 INFORMATION- Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11, United States Code, shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11, United States Code, is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal.

(2) KEY FACTOR IN CREDIT SCORE INFORMATION- Any consumer reporting agency that furnishes a consumer report that contains any credit score or any other risk score or predictor on any consumer shall include in the report a clear and conspicuous statement that a key factor (as defined in section 609(f)(2)() that adversely affected such score or predictor was the number of enquiries, if such a predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such activities.

(e) Indication of closure of account by consumer. If a consumer reporting agency is notified pursuant to section 623(a)(4) [§ 1681s-2] that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.

(f) Indication of dispute by consumer. If a consumer reporting agency is notified pursuant to section 623(a)(3) [§ 1681s-2] that information regarding a consumer who was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.

If you're wondering about the wording - notice it DOES NOT SAY HOW it has to be worded. Only that they have to put that it is disputed, that's all they must do.