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623 Question - Need clarification


zooyork
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If an OC is not reporting a negative TL but a CA acting on their behalf is, does the OC have a legal responsibility to answer a 623 letter? Under § 623. (a)(8) in section (B), subsection (iii) one of the considerations is: whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute.

1. If the CA is reporting based on information furnished to them by an OC can the OC be held accountable for furnishing inaccurate data?

2. Can the OC in the above scenario legally ignore a 623 letter or is doing so a violation of the FCRA?

3. Can an OC refuse to talk to you if a CA is acting on their behalf?

In my situation the CA has not provided substantial proof that I owe a debt, the OC refuses to investigate and refuses to talk to me on the phone. I am being stonewalled. I am in the middle of a BBB complaint and would like to include possible FCRA violations if they exist. Thanks for clarifications!

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I have a one more question to add:

4. Is an OC obligated to provide reasonable account details when you ask for them? In two separate cases an OC has denied me access to documentation. One said, I would only be able to get the requested documents if I had a lawyer contact them and the second said I should have retained copies of the original paperwork.

I assumed when I started this process I would get account details whether I wanted them or not. I really, really want them now and they tell me no.

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Also, nascar - I think your response to my questions went over my head. Are you saying that I should have sent the 623 letter to the CA since it is reporting and that the OC has no obligation to respond to a 623 letter?

This part confuses the hell out of me. In my mind, the OC is reporting data to the CA and then the CA is reporting the data to the CRA's. Since I don't have an obligation to the CA and the CA has minimal obligation to me - why bother? If I sent the OC an investigation request which they ignored - isn't that a violation because they knowingly did not update, delete or block inaccurate information from being reported?

I'm sorry if I seemed obsessed with this one point but I just flat out do not understand what I am reading. If I am being dummy - just tell me. It wont hurt my feelings. Thanks

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Are you saying that I should have sent the 623 letter to the CA since it is reporting and that the OC has no obligation to respond to a 623 letter?

You can dispute directly with the data furnisher under the FCRA (the 623 letter). The data furnisher can be the original creditor, a collection agency or a debt buyer. You'll just want to target your letter to the entity doing the reporting.

If the dispute conforms to the requirements laid out in the FCRA, the data furnisher is obligated to respond in some fashion.

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What happens if the OC never responds or mail goes undelivered?

They do answer over the phone however, they never give their mailing address becoz they are out of country (USA), what then do you do?

Then they are in violation of the FCRA.

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so then do you sue them under FCRA or write them a letter stating you are to respond back to me. How does this process work?. Its been more than 34 days since i sent the 623 letter and two of the letters I sent (looking up Equifax address for creditors) have been returned back to me. So I called up and asked for verification of address and have sent them a new 623 request.

Now if that comes back as no reply, we dont care and we wont respond to you, what to do next? How to approach it?

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