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

[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

 

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.

 

obsolete meaning it should be off of my reports due to time?

 

thanks for the suggestion, that sounds like a good one

 

i have to try an example of obsolete lettersim not sure how an obsolete letter would work sending to the CRAs because the reportes specifically say 1/2010

Edited April 10, 2009 by ny86yanks

[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

 

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

 

 

If they do it properly, but one was planning on trying to remove it to federal court. That being said, most of the small claims court cases / suits the person did sounded like they were FCRA / FDCPA violations and were settled even before going that far. Granted, from what more I have read, YMMV, but I am willing to give it a whirl. Like the other person, I am not in it for the money or putting it to the big guys, but just getting the darn things off my CRs. AZ does have a few good regulations and statutes I may be able to plug into there to try to keep them from removing it to federal court if it goes that far...

 

So, back to my original question:

 

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) when they verified the debt 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?

[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.

 

 

If they do it properly, but one was planning on trying to remove it to federal court. That being said, most of the small claims court cases / suits the person did sounded like they were FCRA / FDCPA violations and were settled even before going that far. Granted, from what more I have read, YMMV, but I am willing to give it a whirl. Like the other person, I am not in it for the money or putting it to the big guys, but just getting the darn things off my CRs. AZ does have a few good regulations and statutes I may be able to plug into there to try to keep them from removing it to federal court if it goes that far...

 

So, back to my original question:

 

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) when they verified the debt 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?

 

If you disputed the debt and they did not update the TL appropriately, yes the lack of Disputed by Consumer can be added.

 

ETA: I would still be very hesitant about filing in small claims court but if you get some mileage from it then good luck.

Edited April 10, 2009 by EarnIt

[LilHippie]

If they do it properly, but one was planning on trying to remove it to federal court. That being said, most of the small claims court cases / suits the person did sounded like they were FCRA / FDCPA violations and were settled even before going that far. Granted, from what more I have read, YMMV, but I am willing to give it a whirl. Like the other person, I am not in it for the money or putting it to the big guys, but just getting the darn things off my CRs. AZ does have a few good regulations and statutes I may be able to plug into there to try to keep them from removing it to federal court if it goes that far...

 

So, back to my original question:

 

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) when they verified the debt 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?

 

 

Besides, both are paid CAs... I am hoping if the threat of a small claims suit doesn't work, the summons will.

[Jen23514]

and i dont feel bad about it because it is due to come off in 1/2010 anyway have you tried disputing as obsolete?

 

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

 

i ask this because cap one is not reporting my chargeoff incorrectly you can dispute any part of the TL

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

 

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 reread some of the threads, you need to dispute with the CRAs first, then send the 623 letter to whoever is furnishing the information to the CRA

[ny86yanks]

and i dont feel bad about it because it is due to come off in 1/2010 anyway have you tried disputing as obsolete?

 

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

 

i ask this because cap one is not reporting my chargeoff incorrectly you can dispute any part of the TL

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

 

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 reread some of the threads, you need to dispute with the CRAs first, then send the 623 letter to whoever is furnishing the information to the CRA

 

thanks jen

 

from what i have gathered i will dispute the tradeline as obsolete with the CRAs...i hope i see results but i am not optimistic about it...it has not been 5 years yet...paid chargeoffs are 5 years and i dont think the CRAs are THAT stupid lol

 

as far as the OC, if the CRAs dont do anything for me I will 623 cap one

[ny86yanks]

jen,

 

one more thing to add to my above post...asset acceptance is about to fold i believe, i have reported them to the AG, BBB, and FTC

 

however, if they DONT fold....I think I can 623 them as well

 

they are reporting to equifax as an open credit account but to the other beraus as collection

[Jen23514]

from what i have gathered i will dispute the tradeline as obsolete with the CRAs...i hope i see results but i am not optimistic about it...it has not been 5 years yet...paid chargeoffs are 5 years and i dont think the CRAs are THAT stupid lol

 

don't confuse REPORTING SOL with LEGAL SOL for your state.

[Jen23514]

jen,

 

one more thing to add to my above post...asset acceptance is about to fold i believe, i have reported them to the AG, BBB, and FTC

 

however, if they DONT fold....I think I can 623 them as well

 

they are reporting to equifax as an open credit account but to the other beraus as collection

 

if they are reporting to your CR, you can 623 them.

[ny86yanks]

jen,

 

one more thing to add to my above post...asset acceptance is about to fold i believe, i have reported them to the AG, BBB, and FTC

 

however, if they DONT fold....I think I can 623 them as well

 

they are reporting to equifax as an open credit account but to the other beraus as collection

 

if they are reporting to your CR, you can 623 them.

 

 

yeah they are reporting

 

i just want to see what MI AG does first

 

in NYS a paid chargeoff comes off your reports at 5 years

 

but back to asset acceptance....they are reporting to TU as a collection but to Equifax as an open credit account, which is illegal

[MannyLNJ]

After sending a 623 letter how much time should you allow for a response?

[EarnIt]

After sending a 623 letter how much time should you allow for a response?

 

They have thirty days from recept of the letter.

[MannyLNJ]

After sending a 623 letter how much time should you allow for a response?

 

They have thirty days from recept of the letter.

 

 

Ok today + 30 is May 15th 5 more for mailing is May 20th. Great

[EarnIt]

ttt

[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.

 

 

Did you send the 623 after you contacted the AG?

 

I took on Portfolio twice, The first time I had went through the AG and BBB, Nothing came from it. Sent out a 623 dispute, and they were gone. The 2nd time I sent out the 623 and they went away.

 

The local the CA folded like a deck of cards, No AG.

[Jen23514]

Good Job Lynn!

[EarnIt]

Good Job Lynn!

 

Hey stranger nice to you see around.

[Jen23514]

Good Job Lynn!

 

Hey stranger nice to you see around.

 

heya!

[bigdebt]

hi everyone

i disputed a account [ APPLIED BANK] with EXPERIAN that came back verifed.

so i sent APPLIED BANK a 623 letter cmrr asking for a INVESTIGATION of this account because its reporting differently on my 3 credit reports,and its not matching my records.i requested the complete history of the account.

i got there response in the mail today.

dear sir thank you contacting us bla bla bla DATE OPENED 05-09

CURRENT STATUS -CHARGED OFF

CURRENT BALANCE - XXXX

DATE OF LAST PAYMENT-06/04/2003

this isnt what i asked for. next step? thanks bigdebt

[jack1212]

why isnt this pinned?

[Lynn37]

Good Job Lynn!

 

A kudos from you means a lot Jen!

 

But, I must say, this 623 removals were from you pushing me.

[Jen23514]

Good Job Lynn!

 

A kudos from you means a lot Jen!

 

But, I must say, this 623 removals were from you pushing me.

 

[NeverQuietHere]

LOVE THIS THREAD!!!

[Jen23514]

bumped for racer. there are some links in the first post with 623 discussions by some of the vets on the board.

[Jen23514]

I always thought the Bennett testimony of the DF/CRA cluster was interesting:

 

http://financialservices.house.gov/media/pdf/060403lb.pdf

 

and this why 90% of the time your disputes are "verified" even when they are wrong and you can prove they are wrong.