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FCRA & Inaccurate Reporting


SunnySideUp32
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The last post in this topic was posted 3937 days ago. 

 

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If my understanding is correct, when you notify the information furnisher in writing that specific parts of their reporting is inaccurate or false and they fail to update the information, they are then liable under the FCRA? My situation, I notified a JDB in writing via cmrrr exactly 32 days ago from date of receipt, that they were reporting payments I did not make. They have not corrected the information nor have they replied to me. The account was already in dispute with each bureau. It came back verified. Is there anything I can do to get them to delete the entire account?

 

This question does not apply to the above situation. Can a JDB report in the following column as listed: Creditor Classification: Financial

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If my understanding is correct, when you notify the information furnisher in writing that specific parts of their reporting is inaccurate or false and they fail to update the information, they are then liable under the FCRA?

 

- Yes

 

My situation, I notified a JDB in writing via cmrrr exactly 32 days ago from date of receipt, that they were reporting payments I did not make.

 

- How many payments are they reporting? Are the payment dates earlier or later than the date they "opened/acquired" the account?

 

They have not corrected the information nor have they replied to me. The account was already in dispute with each bureau. It came back verified.

 

- They have indirectly replied by verifying your CRA dispute. They killed two birds with one stone.

 

Is there anything I can do to get them to delete the entire account?

 

- It is easy to prove something that you have done, but hard(er) to prove something you have not done. Have you DV'd them, asking the to include proof of these phantom payments?

Edited by SouthernTreat
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If my understanding is correct, when you notify the information furnisher in writing that specific parts of their reporting is inaccurate or false and they fail to update the information, they are then liable under the FCRA?

 

- Yes

 

My situation, I notified a JDB in writing via cmrrr exactly 32 days ago from date of receipt, that they were reporting payments I did not make.

 

- How many payments are they reporting? Are the payment dates earlier or later than the date they "opened/acquired" the account?

 

They have not corrected the information nor have they replied to me. The account was already in dispute with each bureau. It came back verified.

 

- They have indirectly replied by verifying your CRA dispute. They killed two birds with one stone.

 

Is there anything I can do to get them to delete the entire account?

 

- It is easy to prove something that you have done, but hard(er) to prove something you have not done. Have you DV'd them, asking the to include proof of these phantom payments?

Under the 81 month payment history where it should report CA or CO monthly, it shows green boxes with asterisk which means pays or paid as agreed. The JBD I notified has reported 13 months of positive boxes and in the months reviewed column, they list 13. I didn't ask them for proof. I told them no payments were made and sent a copy of their listing for proof. They replied with, they only have two ways of reporting and neither way is the way I said so based on that, they believe they are reporting accurately. They completely disregarded the proof I enclosed to show them that they are reporting in error

 

I have another JDB that is doing the same thing. They are up to number 54! Months reviewe 54 and positive green boxes 54. I have not contacted them in writing yet.

 

No I have not officially Dv'd them. Aside from the letter I mentioned, I filed a compliant through the BBB and in their response, they acknowledged that no payments were received.

Edited by SunnySideUp32
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find a local consumer lawyer and they will be glad to take your case.

 

I started one a few weeks ago against midland.

 

When I talked to the lawyer after he took the case I asked.

 

Have you dealt with Midland before?

 

He said, "Today? No I have not dealt with them yet today but it is only 2pm so there is still plenty of time."

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find a local consumer lawyer and they will be glad to take your case.

 

I started one a few weeks ago against midland.

 

When I talked to the lawyer after he took the case I asked.

 

Have you dealt with Midland before?

 

He said, "Today? No I have not dealt with them yet today but it is only 2pm so there is still plenty of time."

I don't personally have Midland on my report but I have a friend dealing with them.
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find a local consumer lawyer and they will be glad to take your case.

 

I started one a few weeks ago against midland.

 

When I talked to the lawyer after he took the case I asked.

 

Have you dealt with Midland before?

 

He said, "Today? No I have not dealt with them yet today but it is only 2pm so there is still plenty of time."

I don't personally have Midland on my report but I have a friend dealing with them.

My point was, lawyers deal with these JDBs all of the time.

 

My lawyer said that most of the time once he gets them served they call him and they work it out before court. He also told me it is a standard clause of all of his settlements that they are to remove the TL completely.

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