Data Furnisher Thread FCRA 623 - Links, Discussions, and More

[clambert1273]

well I figured the fight thing.. just didn't know if there was something else Of course, this will be used in my last battles .. only a few more CA's to go...

 

but your last ones are toughies.

 

 

ya I know.. thanks for reminding me... grim reaper LOL

[BButrell]

Thanks for this AWESOME thread! My very last baddie is a chargeoff, so I needed this.

[Lynn37]

well I figured the fight thing.. just didn't know if there was something else Of course, this will be used in my last battles .. only a few more CA's to go...

 

but your last ones are toughies.

 

You just said a mouthful....

[clambert1273]

well I figured the fight thing.. just didn't know if there was something else Of course, this will be used in my last battles .. only a few more CA's to go...

 

but your last ones are toughies.

 

You just said a mouthful....

 

lol lynn.. you haven't seen my last ones... thats why she is my grim reaper

[matty8199]

i'm getting ready to send out a 623 dispute in my ongoing battle with lvnv, but nobody has replied to my thread and let me know if i'm on the right track with the letter before i send it out...can someone critique this for me? i've written it up using the format below for all three CRAs...

 

EXPERIAN (report #: xxx)

 

Status:

Collection account. $xxx past due as of Mar 2009.

 

This status is invalid. LVNV has been unable to validate this debt. Please provide me with an exact representation of how this balance was calculated.

 

Status Details:

This account is scheduled to continue on record until Feb 2012.

This item was verified and updated on Jan 2009.

 

These status details are invalid. LVNV has been unable to validate this debt. Please provide me with a copy of the validation you sent to me prior to verifying this debt with Experian in January 2009.

 

Date Opened:

05/2007

 

This date is invalid. I have never applied for credit with your company. Please provide me with documentation that this account was opened in May 2007, including documentation that LVNV is authorized to collect on this account.

 

Type:

Installment

 

This type is invalid. I have never applied for an installment loan with your company. Please provide me with documentation that I opened an installment loan account with your company.

 

Terms:

1 Months

 

As this is NOT an installment loan, listing the terms as “1 Months†is invalid. Please provide me with documentation that I opened an installment loan with your company with a payment due each month.

 

Recent Balance:

$1,787

 

As LVNV has been unable to validate this debt or show how this balance has been computed, it is invalid. Please provide me with an exact representation of how this balance was calculated.

 

Credit Limit:

$1,395

 

As I do not have an open account with your company, this credit limit is invalid. Please provide me with documentation of this credit limit, including the open credit card agreement (bearing my signature) that I have with your company.

 

Account History:

Collection as of Jan 2009 to Mar 2009

 

As LVNV has been unable to validate this debt or show that they are authorized to collect on this account, this account history is invalid. Please provide me with documentation showing that LVNV is authorized to collect on this account, as well as an exact representation of how the current balance was calculated.

 

Reported Since:

01/2009

 

This date is invalid. This item has been on my report since before 07/2008, which was the first time I requested validation through a separate collection agency that was attempting to collect on this debt. Please provide me with documentation showing that this account was not reported to Experian before January 2009.

 

Last Reported Date:

03/2009

 

As LVNV has been unable to validate this debt or show that it is authorized to collect on this account, it cannot continue reporting to the credit bureaus. Please provide me with a copy of the validation that you sent me prior to verifying this debt with Experian in January 2009.

 

---

 

also, is this the section of 623 that i should be quoting in my letter? this is how i opened the letter:

 

A recent review of my credit has brought to my attention that you are reporting and verifying inaccurate information. This is in direct violation of the FCRA.

 

FCRA Section 623 - Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] states:

 

(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;

 

This letter serves as my official dispute of your reporting under the above referenced section of the FCRA, Section 623, that the items listed below are disputed. I request an investigation of these items.

[Jen23514]

I couldn't find your thread to bump and reply, but then realized you were posting in the HUGE LVNV thread. Sometimes starting your own thread helps.

 

the things you're asking from the CRA (credit reporting agency) are not things the CRA are required to give you. For example:

 

Please provide me with documentation showing that LVNV is authorized to collect on this account, as well as an exact representation of how the current balance was calculated.

Please provide me with documentation that I opened an installment loan with your company with a payment due each month.

Please provide me with a copy of the validation you sent to me prior to verifying this debt with Experian in January 2009.

 

Even though I tell CRAs when the CA doesn't validate with the consumer, the CRA really doesn't care

 

Have you read the newbie section? There are some links in my profile that might help you get started on how to write a dispute to the CRAs.

[matty8199]

I couldn't find your thread to bump and reply, but then realized you were posting in the HUGE LVNV thread. Sometimes starting your own thread helps.

 

the things you're asking from the CRA (credit reporting agency) are not things the CRA are required to give you. For example:

 

Please provide me with documentation showing that LVNV is authorized to collect on this account, as well as an exact representation of how the current balance was calculated.

Please provide me with documentation that I opened an installment loan with your company with a payment due each month.

Please provide me with a copy of the validation you sent to me prior to verifying this debt with Experian in January 2009.

 

Even though I tell CRAs when the CA doesn't validate with the consumer, the CRA really doesn't care

 

Have you read the newbie section? There are some links in my profile that might help you get started on how to write a dispute to the CRAs.

 

the monster lvnv thread is my thread...lol

 

anyway - now i'm thoroughly confused. i thought the 623 dispute was directly with the data furnisher (i.e. i'm asking for lvnv to give me this information). i thought that was how it worked...

 

i've already disputed with the CRAs, and lvnv verified it.

[Jen23514]

I'm confused then.... your post says:

but nobody has replied to my thread and let me know if i'm on the right track with the letter before i send it out...can someone critique this for me? i've written it up using the format below for all three CRAs...

 

623 is to dispute with the DF.

 

your letter above (unless I'm reading it wrong) is addressed to Experian.

[matty8199]

I'm confused then.... your post says:

but nobody has replied to my thread and let me know if i'm on the right track with the letter before i send it out...can someone critique this for me? i've written it up using the format below for all three CRAs...

 

623 is to dispute with the DF.

 

your letter above (unless I'm reading it wrong) is addressed to Experian.

 

not addressed to experian, that was me highlighting exactly what i'm disputing from my experian report. i have separate sections for equifax and transunion...623 disputes need to be specific, no?

[matty8199]

lol, now i'm bumping this one up...

[Jen23514]

the formatting made it hard to read.... and since you've hijacked this thread....let me answer what I think your questions are. Yes, the dispute to the DF need to be specific, from glancing at your letter it provides that. You can try sending the letter and hope for a response.

 

I'm confused on how your plan on closing the letter. what's your game plan once their 30 days goes by and they don't respond?

[Florida_Stang]

Subscribing.

[matty8199]

the formatting made it hard to read.... and since you've hijacked this thread....let me answer what I think your questions are. Yes, the dispute to the DF need to be specific, from glancing at your letter it provides that. You can try sending the letter and hope for a response.

 

I'm confused on how your plan on closing the letter. what's your game plan once their 30 days goes by and they don't respond?

 

i don't think i've hijacked the thread - it's a master thread about 623 disputes, i'm asking if i have the format right for the letter and if i've got the right idea on how they work...if that's a hijack, i'm sorry.

 

i closed the letter like this:

 

"In that the debt listed on my three credit reports is invalid and LVNV has been unresponsive and unable to validate this debt, said item must be COMPLETELY AND IMMEDIATELY removed from any and ALL of my credit reports. Furthermore, if you cannot provide the requested documentation you are required by the FCRA to delete this item from any and all of my credit reports.

 

A copy of such deletion request must also be sent to me at the address listed at the top of this letter."

 

anyway, i don't know what my game plan is at this point, i've been so involved in my battle with them since july that i don't know which way to turn now...what is the appropriate thing to do after 30 days with no response?

Edited April 8, 2009 by matty8199

[EarnIt]

the formatting made it hard to read.... and since you've hijacked this thread....let me answer what I think your questions are. Yes, the dispute to the DF need to be specific, from glancing at your letter it provides that. You can try sending the letter and hope for a response.

 

I'm confused on how your plan on closing the letter. what's your game plan once their 30 days goes by and they don't respond?

 

i don't think i've hijacked the thread - it's a master thread about 623 disputes, i'm asking if i have the format right for the letter and if i've got the right idea on how they work...if that's a hijack, i'm sorry.

 

i closed the letter like this:

 

"In that the debt listed on my three credit reports is invalid and LVNV has been unresponsive and unable to validate this debt, said item must be COMPLETELY AND IMMEDIATELY removed from any and ALL of my credit reports. Furthermore, if you cannot provide the requested documentation you are required by the FCRA to delete this item from any and all of my credit reports.

 

A copy of such deletion request must also be sent to me at the address listed at the top of this letter."

 

anyway, i don't know what my game plan is at this point, i've been so involved in my battle with them since july that i don't know which way to turn now...what is the appropriate thing to do after 30 days with no response?

 

Find a lawyer.

[Jen23514]

what earnit said.

 

 

Without reading multiple threads on what you've done to tackle this, its hard to give further advise at this time. But if you've been fighting them since July and you have them on violations and have a GOOD papertrail that you can explain to your attorney... then I'm sure you can find one that will work on contingency.

[LilHippie]

I still have to read all the links, but I have a quick question you may be able to answer. I just faxed a violation fax to two different paid CAs referencing a number of their FDCPA violation of my rights as a consumer, and giving them the option to delete their entries in my credit reports within 5 days or I will file a small claim court suit against them. Obviously, I can't follow these two up with a 623 letter, or it wouldn't be taken seriously (but I do have a few candidates that I can, which I have a month to read up on your sources before I should follow up with the 623 letter).

 

Okay, that being said, I am going to give them two weeks before I file in small claims court (told Cavalry 5 days and it took them 2 weeks to zero my balance and remove their entries). On to the question:

 

(Don't have exact dates, at work)

I received a dunning around say 2/1.

I paid (after talking to them on the phone, yeah I know) around 2/4.

I DV'd around 2/9.

I got the green card back.

I disputed around 2/20.

They verified without ever validating the debt.

 

Can I add to the small claim suit the fact that they did not update entry to "Disputed by consumer" (623 violation) on any of the CRA credit reports? Or would I need to dispute with the CRAs again for they to be required to add that clause?

Edited April 10, 2009 by LilHippie

[EarnIt]

I still have to read all the links, but I have a quick question you may be able to answer. I just faxed a violation fax to two different paid CAs referencing a number of their FDCPA violation of my rights as a consumer, and giving them the option to delete their entries in my credit reports within 5 days or I will file a small claim court suit against them. Obviously, I can't follow these two up with a 623 letter, or it wouldn't be taken seriously (but I do have a few candidates that I can, which I have a month to read up on your sources before I should follow up with the 623 letter).

 

Okay, that being said, I am going to give them two weeks before I file in small claims court (told Cavalry 5 days and it took them 2 weeks to zero my balance and remove their entries). On to the question:

 

(Don't have exact dates, at work)

I received a dunning around say 2/1.

I paid (after talking to them on the phone, yeah I know) around 2/4.

I DV'd around 2/9.

I got the green card back.

I disputed around 2/20.

They verified without ever validating the debt.

 

Can I add to the small claim suit the fact that they did not update entry to "Disputed by consumer" (623 violation) on any of the CRA credit reports? Or would I need to dispute with the CRAs again for they to be required to add that clause?

 

Just a quick note, the FDCPA and FCRA are FEDERAL statutes. You need to file in FEDERAL COURT.

[LilHippie]

I still have to read all the links, but I have a quick question you may be able to answer. I just faxed a violation fax to two different paid CAs referencing a number of their FDCPA violation of my rights as a consumer, and giving them the option to delete their entries in my credit reports within 5 days or I will file a small claim court suit against them. Obviously, I can't follow these two up with a 623 letter, or it wouldn't be taken seriously (but I do have a few candidates that I can, which I have a month to read up on your sources before I should follow up with the 623 letter).

 

Okay, that being said, I am going to give them two weeks before I file in small claims court (told Cavalry 5 days and it took them 2 weeks to zero my balance and remove their entries). On to the question:

 

(Don't have exact dates, at work)

I received a dunning around say 2/1.

I paid (after talking to them on the phone, yeah I know) around 2/4.

I DV'd around 2/9.

I got the green card back.

I disputed around 2/20.

They verified without ever validating the debt.

 

Can I add to the small claim suit the fact that they did not update entry to "Disputed by consumer" (623 violation) on any of the CRA credit reports? Or would I need to dispute with the CRAs again for they to be required to add that clause?

 

Just a quick note, the FDCPA and FCRA are FEDERAL statutes. You need to file in FEDERAL COURT.

 

 

I thought I have heard of lots of people filing small claims court suits against CAs. What the heck were they suing them about if they were not suing them about FDCPA violations?

[LilHippie]

Seems like this person has done pretty good with small claims and the FCRA / FDCPA:

 

http://creditboards.com/forums/index.php?s...ms\++suits

Edited April 10, 2009 by LilHippie

[EarnIt]

Seems like this person has done pretty good with small claims and the FCRA / FDCPA:

 

http://creditboards.com/forums/index.php?s...ms\++suits

 

They are in Texas. The Texas State Laws can keep them out of Federal Court if they do it properly.

[clambert1273]

and this is why I use nothing but California law...

[Lynn37]

I wanted to add, that when I used this with midland, They claimed they did not have to respond to me. But they still say they will delete. I pressed the California laws also with them.

 

Portfolio just folded after they got my 623

 

Had a local CA, that folded

 

So far 623 dispute been working real well for me.

[drew3918]

Bumping for Jen

[ny86yanks]

i have an OC id like to tacle....Cap One

 

and i dont feel bad about it because it is due to come off in 1/2010 anyway

 

i was wondering something...can i use 623 and sassys dispute letters in my case?

 

 

i ask this because cap one is not reporting my chargeoff incorrectly

 

 

i assume even when they are reporting correctly we can still send these letters

 

to you this might be a dumb question, but for a newbie who has only gotten 2 neg removed this is important for me to know....should i sent these letters to OCs even if they r reporting the neg accurately

[EarnIt]

i have an OC id like to tacle....Cap One

 

and i dont feel bad about it because it is due to come off in 1/2010 anyway

 

i was wondering something...can i use 623 and sassys dispute letters in my case?

 

 

i ask this because cap one is not reporting my chargeoff incorrectly

 

 

i assume even when they are reporting correctly we can still send these letters

 

to you this might be a dumb question, but for a newbie who has only gotten 2 neg removed this is important for me to know....should i sent these letters to OCs even if they r reporting the neg accurately

 

CapOne is tough to crack. You can always try a letter like this or you could wait a month or two and send an obsolete letter. If it were me, I might wait until mid to late summer and then try an obsolete letter.