The right to insert missing data into your file?

Mar 202011
 

I was reading this book on credit (circa 1993) and it mentioned that we have the right to insert missing data into our credit file. This is not suggesting adding a comment to a TL, but adding what sounds like a new TL to a CR for credit items that don’t appear on the report. Items such as credit at a local department store, credit from another CRA, etc.

 

It mentions this is a right under the FCRA. However, I cannot find the section in the FCRA that pertains to this right. I realize this is an old document and that it could be outdated. Can anyone confirm this? Has anyone done this?

 

Thanks,

JD12

Has anyone heard of the "1-2 Punch" Process?

Mar 132011
 

Following is the summary of a procedure that is widely and strongly recommended on another credit forum.  It is touted there as a very effective means to tie debt collectors in a legal knot, and force CA removal or violations in cases where the debt collector has reported to your CR.

It is called the “1-2 Punch.”  Debt validation in combination with a dispute to the CRA.

 

It works like this:

1. The consumer first sends a DV letter to the debt collector.  This letter is sent to invoke the “cease collection of the debt”  provisions of FDCPA 809(b).

2.  Immediately after that, the consumer is advised to send a dispute to the CRA under FCRA 611(a), with some unspecified allegation of inaccurate credit reporting.

 

This so-called 1-2 punch is supposed to tie the debt collector in knots.

It is predicated upon the assumption that, once the consumer sends a DV letter, the debt collector is then prevented from responding to the CRA in the parallel dispute process within the 30-day period set forth in FCRA 611(a) and 623(b).

The supposed dilemma for the debt collector is asserted to be:

If they respond to the CRA dispute, they are in violation of FDCPA 809(b).

If they don’t respond to the CRA dispute within 30-days, they must delete their CA reporting.

That is it.

 

I have questioned this process in their forum, opining that response to a legal FCRA requirement that they investigate and report back to the CRA on the dispute is not a “collection of the debt” activity, but rather a required action on their part under the FCRA.  The response I get from those in their forum is  “it works for us, so if you don’t like the process, just don’t use it!

 

Has anyone heard of, or used, such a process?  I reiterate that those on that forum are adamant about this process, and feel that it is legally supported.

got call back now what?

Aug 172010
 

So i emailed the vp of Nelnet loans,because of some lates on my report.The guy called me back an said he understand my situation but he said that under the FCRA Act they can’t remove the lates which is not true..Now what should i do..Should i write again? Please help

 

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Being sued for a debt I am not aware of.

Mar 242010
 

A little background on this “debt”: it’s a $2,300 debt, I’m not sure where it came from and I question fraud. The debt is 5 years old ( opened in 2005 ), I recently ( december ’09 ) sent a letter to the creditor via certified mail ( have reciept ) requesting an investigation into this debt.

 

To this day I never recieved any proof the debt is mine, until last week ( march 15th ) a Sheriff’s Deputy showed up on my doorstep and served me a judgement. I’m being sued for this debt by an attorneys office, my question is if I decide to take this to court and represent myself in small claims, would this be a wise choice? Or should I just settle this out of court and be done with it?

 

I’m looking for advice, no real legal council here, I’m not sure how much I can hold up against an attorney, also was I in the wrong to send the letter to the original creditor and not the collections agency? I thought by federal law under the FCRA they HAD to respond withing 30 days to this investigation.

 

Please advice, I’m in a bind here, thanks.