kabbalah

Question Re Credit Bureau Removing Inaccurate Info

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I have a question & I apologize in advance if it has already been addressed but I can't find it. I disputed information on my credit report TO THE CREDITOR as being inaccurate by certified mail return receipt requested. My understanding is that they have 30 days to answer my dispute. The 30 days came and passed with no answer. I sent copies of the letter, mail receipts etc to the CREDIT BUREAU. The Credit bureau answered me saying that they did an investigation and that there was updated information on my credit report.  Nothing really changed. I was under the impression that Federal law stated that if the Creditor does not answer within the 30 day period, that the Credit bureau must remove the information. Am I wrong on this point?

 

Thanks :-)

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Not exactly.  Like a CRA, they have 30 days to respond (unless you do it online, then they have 45 days (go figure!)) but they respond to the CRA...not you directly.  Sounds like that's what they did.

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@kabbalah

 

The requirement to delete an entry if it's not verified applies when you dispute with the credit reporting agencies, not with the furnisher.

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This is what I was told by an expert in credit repair.

 

"At this point, you will need to be a little more forceful with your actions.  You will have to write a stronger letter to Transunion explaining that you send a copy of the certified card and the letter to the creditor that received NO RESPONSE as required by Federal law.  You also need to explain Transunion's duties to IMMEDIATELY REMOVE the account from your credit report and FAILURE TO DO SO will result in the following:  (1) complaint to the FTC, (2) complaint to the attorney general in GA, and (3) a small claim's lawsuit in the amount of $5,000 against Transunion for the amount in damages that this account is causing you on your credit report that Transunion refuses to remove because of their unwillingness to conform to the law.  You will also ask them for a PHYSICAL ADDRESS in which they can be served the lawsuit against them."

 

Are they incorrect as to the law? 

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This is what I was told by an expert in credit repair.

 

"At this point, you will need to be a little more forceful with your actions.  You will have to write a stronger letter to Transunion explaining that you send a copy of the certified card and the letter to the creditor that received NO RESPONSE as required by Federal law.  You also need to explain Transunion's duties to IMMEDIATELY REMOVE the account from your credit report and FAILURE TO DO SO will result in the following:  (1) complaint to the FTC, (2) complaint to the attorney general in GA, and (3) a small claim's lawsuit in the amount of $5,000 against Transunion for the amount in damages that this account is causing you on your credit report that Transunion refuses to remove because of their unwillingness to conform to the law.  You will also ask them for a PHYSICAL ADDRESS in which they can be served the lawsuit against them."

 

Are they incorrect as to the law? 

 

Your credit repair "expert" is a moron.  NONE of it is accurate.

 

1)  the creditor ONLY has to respond to you if you are invoking debt validation in response to THEIR letter contacting you about payment.  If you contacted of your own volition they can ignore you and it is not a violation.

 

2)  TransUnion ONLY has to remove the account IF you dispute with them AND the furnisher does not respond.  For example:  if you dispute the trade line by Big Bad Wolf Collection Agency and state the account is not yours.  TU turns around and contacts BBWCA and says "the consumer says this account is not theirs please respond."  BBWCA responds and states it is and updates the trade line.  NO laws broken.  If TU contacts BBWCA and they do not respond in 30 days THEN TU must delete the trade line.

 

3)  The FTC nor the GA AG care one bit about what TU is doing.  They will not pursue ANYTHING on your behalf.  

 

4)  You better hope you can PROVE $5,000 in damages when you file that suit.  Your credit reports are hearsay and cannot be used.  If you file a frivolous case as this idiot is suggesting you could very easily find yourself not only losing but being forced to pay their attorney fees and court costs for filing the case to start with.

 

Post here who the creditor is that is reporting and what you think is inaccurate and there are plenty of people who are WAY better at this than whom ever this "expert" is and see if they can help you.  Many times what a consumer believes is a violation isn't.

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@kabbalah

 

If you dispute directly with the furnisher, the CRA isn't involved.  Therefore, the CRA doesn't conduct an investigation.  To sue the CRA, you'd have to show that it was negligent.  What the "expert" suggested is that the CRA just take your word for it that the furnisher didn't respond and delete the entry. 

 

You need to dispute with the CRAs.

 

 

@Clydesmom

 

In an FCRA suit, a copy of a credit report could be used the because the suit is about that report.  You just make sure you have corresponding documentation.

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@kabbalah

 

If you dispute directly with the furnisher, the CRA isn't involved.  Therefore, the CRA doesn't conduct an investigation.  To sue the CRA, you'd have to show that it was negligent.  What the "expert" suggested is that the CRA just take your word for it that the furnisher didn't respond and delete the entry. 

 

You need to dispute with the CRAs.

 

@BV80 

 

It appears when the OP sent the letter to TU with copies of the letter to the creditor etc. that TU went ahead and treated it as a dispute and did investigate.  The creditor then responded to TU and the result was the reporting was validated.  This so called expert is telling them a load of BS.  If they dispute again with TU they will need new information and evidence to to justify another investigation otherwise TU will refuse stating the matter has been investigated and is closed.

 

@Clydesmom

 

In an FCRA suit, a copy of a credit report could be used the because the suit is about that report.  You just make sure you have corresponding documentation.

 

At this point it appears that TU has not violated any of the laws though.  It is impossible if they are referring to FCRA or FCDPA.  DV sent to the creditor would be FCDPA.  A dispute of the actions of the CRA and would be FCRA.  

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I have a similar issue- At one point the JDB was on my report- I sent them debt validation and they never responded.  I disputed with TU and the original bank as well  about 45 days after no response from the DV letter. Original bank sent me a letter stating that they sold accnt to another JDC and it was different than the one that appeared on my Credit Reprt when I filed dispute- Now the credit report only shows charge off with the original bank showing, none of the JDB's show at all. Should I leave alone or what can I do?

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@Clydesmom

 

Okey dokey.  If the CRA claims it was verified, then the furnisher must have responded. 

 

I would like to see which part of the FCRA the "expert" would say supports his claim.

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