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Failure to comply with 623 and Willful Non-Compliance


odjohnson3
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The issue im having with most of my debt is the original creditor isnt reporting but the collection agency is.....

 

Ive submitted a 623 Investigation...Its been over 45 days with no reply and ive filed complaints with the BBB (which they are not a member of) and the FTC last week

I plan on submitting a complaint to my attorney general today

Is there a way to get a mandatory deletion for their failure to comply with the 623 dispute and/or willful non-compliance....

 

My steps Included

 

1. Original Dispute to CRA....EXPERIAN...AND TRANSUNION UPDATED INFO....TransUnion didnt seem to change anything tho...and experian said they refused my investigation until i provided more documentation....BUT they changed everything on the account to N/A 

 

2. Debt Validation Request (it was past the initial 30 days but i figured it would show the benefit of my attention towards this matter)........NO RESPONSE OF COURSE

 

3.Submitted 623 Dispute with collection agency since theyre whos reporting (the data furnisher)....NO RESPONSE AGAIN

 

4. And here I am now....Submitting complaints......im unsure of my next step tho

 

Should I Send an Intent to Sue letter to collection agency for willful compliance and failure to comply with 623 dispute????

 

Someone help me out please

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Your next move is to sue over FCRA violations (failure to report accurately).    I'd send them an intent to sue letter and see what happens.  If you sent your DV request after the initial 30 day period, they don't have to respond to your DV request.  

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Your next move is to sue over FCRA violations (failure to report accurately).    I'd send them an intent to sue letter and see what happens.  If you sent your DV request after the initial 30 day period, they don't have to respond to your DV request.  

 

I understand

The debt validation request was only sent as more leverage if I did have to end up in court....

More proof that I have went out my way on more than one occasion to get this "alleged debt" handled.

So to present on my behalf...I have

1. My initial dispute to the CRA

2. Debt Validation Request

3. 623 Dispute Request

4. Complaints filed with FTC, Attorney General, and BBB

5. Copies of all my return receipts certifying they have recieved everything ive ever sent...Including my 623 dispute request which they never even responded to...A violation in itself

 

All of this plus the Intent to Sue Letter

What violations do I have them on ?

 

1. Reporting inacurate information

2. Willful Non-Compliance

3. Failure to comply with investigation request pursuant to section 623 of the FCRA (sorry if my wording is wrong...Im not an attorney)

 

Am I missing anything? or should I word anything different?

 

Also my biggest question is....Is the collection agency required to delete now, based on the fact that they didnt complete an investigation within the 30 days allowed (i have the CMRR to show)

 

Thanks for all the support guys

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What violations do I have them on ?

 

1. Reporting inacurate information

2. Willful Non-Compliance

3. Failure to comply with investigation request pursuant to section 623 of the FCRA (sorry if my wording is wrong...Im not an attorney)

 

You have them on #1 and #2 and #3.  However, number three can't be resolved by a private party suit, needs to go through an agency like your state attorney general.  

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