secondchances

Collection Agency mishandling disputes through CRAs

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I have a question about how a collection agency is supposed to handle disputes made through the credit reporting agencies. I had a medical collection pop up on my credit reports which I disputed online and commented that the OC did not file charges on insurance which would have paid 100% or I tried to convey that the best I could through the agencies. It was marked as disputed but I did not received anything from the collection agency. I called them on 6/21 and told them to remove it from my credit report now and told them they did not do their due dilegence to investigate the dispute. They said they had another collection that they were about to report and I told them the same thing; the OC did not file the insurance in a timely basis. The OC verified on the phone with me in both cases that this was indeed correct.

I want to nail them for FDCPA and TCPA violations but was wondering if I had a FDCPA case. I have never disputed them directly in writing, never sent a C&D.

Thanks so much!

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#1 - always, always, always send disputes via CMRRR!!! In order to build a solid FCRA case, you need to have a paper trail.

Because you disputed online, even if there are violations, you can't document them.

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#1 - always, always, always send disputes via CMRRR!!! In order to build a solid FCRA case, you need to have a paper trail.

Because you disputed online, even if there are violations, you can't document them.

I can't document them the same way but they are documented to an extent. They are marked disputed per the collection agency so that shows that they acknowledge the dispute. I could potentiall supoena the credit bureaus to provide the documentation to support my disputes. However the most important question of all here is this:

What is the purpose of disputing through the credit reporting agencies? If you dispute, why doesn't the collection agency have to research the dispute?

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They are supposed to research - however this is done electronically...

Your next step is to send the bureaus an MOV letter and the CAs a 623 letter. Send them all CMRRR.

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The FCRA States the following as relates to your concern. Read carefully and make sure you did what is required. If so send a letter (certified mail) to the bureaus demanding removal and include copies of the original dispute letter and certified return receipt.

DO NOT SPEAK TO ANYONE ON THE PHONE - WASTE OF TIME

(D) Submitting a notice of dispute- A consumer who seeks to dispute the

accuracy of information shall provide a dispute notice directly to such

person at the address specified by the person for such notices that--

(i) identifies the specific information that is being disputed;

(ii) explains the basis for the dispute; and

(iii) includes all supporting documentation required by the furnisher to

substantiate the basis of the dispute.

(E) Duty of person after receiving notice of dispute. After receiving a notice of

dispute from a consumer pursuant to subparagraph (D), the person that

provided the information in dispute to a consumer reporting agency shall--

(i) conduct an investigation with respect to the disputed information;

(ii) review all relevant information provided by the consumer with the notice;

July 30, 2004 73

(iii) complete such person's investigation of the dispute and report the

results of the investigation to the consumer before the expiration of the

period under section 611(a)(1) within which a consumer reporting

agency would be required to complete its action if the consumer had

elected to dispute the information under that section; and

(iv) if the investigation finds that the information reported was inaccurate,

promptly notify each consumer reporting agency to which the person

furnished the inaccurate information of that determination and provide

to the agency any correction to that information that is necessary to

make the information provided by the person accurate.

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Thanks all, 

 

I have an attorney handling this case for me.  He is not doing anything with the FDCPA violations, just focusing soley on the TCPA violations.  I'll keep you posted as to the results.  If I win, this will be the second TCPA case that I've won.  The first one settled for $12,000.  

 

:) 

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