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PostPosted: Tue May 22, 2007 7:55 pm Subject: Transunion

A month ago I sent transunion a letter listing of collection accounts I have disputed and asked for validation with a brief paragraph as to why the account is not mine. The end of my letter states the fair debt collection practices act. I even had stated the need for copies of signed contracts. I also informed them that I had forward the same letters to each collection account. Today I received a letter stating my claim was frivoulous and the cited the fair credit reporting act and that they had verified the accounts. i DO NOT UNDERSTAND WHY THIS PROCESS IS SO DIFFICULT OR WHY WHOMEVER IS REVIEWING THE INFORMATION DOES NOT UNDERSTAND WHAT I HAVE ASKED FOR AND SIMPLY DISMISSES THIS AS FRIVOLOUS.
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PostPosted: Tue May 22, 2007 8:08 pm Subject:

how many items where you disputing, and how often do you dispute?
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PostPosted: Tue May 22, 2007 8:54 pm Subject:

Transunion and Experian don't actually have copies of your signed contract, nor are they expected to. When you submit a dispute to a credit bureau, all they do is pass it on to the data furnisher (whoever actually reported the info), and tell them to verify the info being reported is accurate.

If the data furnisher verifies to TransUnion that the information being reported is accurate, then TransUnion is being compliant with FCRA. Your beef seems to be with the data furnisher/collector. Send the same letter certified to the collection agency and demand them to send you the signed contract. If they cannot do that, then you may be able to claim the collector is violating FCRA.

By the way, here is the definition of a frivilous dispute:
Quote:
(F) Frivolous or irrelevant dispute.--
(i) In general.--This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including--

(I) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information; or
II) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection (b), with respect to which the person has already performed the person's duties under this paragraph or subsection (b), as applicable.


If you have already disputed the information, and it has already been validated, then subsequent disputes can be deemed as frivilous.



Last edited by DebtCruncher on Tue May 22, 2007 9:00 pm
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PostPosted: Tue May 22, 2007 8:58 pm Subject:

Don't transunion have to actually verify the data not just go off some print out?
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PostPosted: Tue May 22, 2007 9:02 pm Subject:

Nope, all Transunion has to do it pass the dispute on to the person who reported the info. If the data furnisher doesn't respond within 30 days, Transunion has to delete the record. If the data furnisher tells Transunion it is accurate, then it stays.
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PostPosted: Tue May 22, 2007 9:06 pm Subject:

I get disputes all the time, where a customer has disputed to Transunion, and Transunion passes what's called an ACDV to me. I am required to review what's in the person's credit file and match it against factual account history. If the credit report is correct, I simply check off a box that says "accurate as of date reported." If the credit report is showing bad data, then I check a box that says "modify information" and I enter the correct data.
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PostPosted: Tue May 22, 2007 9:16 pm Subject:

If this works, I'm going to post an example of the ACDV form that the bureau (in this case Experian) sent to me. I blocked out any personal information. But in this case, the customer disputed that we were reporting a chargeoff. I verified the information, made a few changes to the account, and returned it to Experian.


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PostPosted: Tue May 22, 2007 9:27 pm Subject:

Here is another one that Experian sent to me. The customer claims "Not His Account." Yet this man was in my office personally in front of me; I have a copy of his driver's license, social security card, pay stub, utility bill and lease. This is indeed his account, and I verify as such.


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PostPosted: Wed May 23, 2007 4:29 am Subject:

Please do remember everyone,validation letters only go to collectors. Letter to a credit bureau is just a dispute and as Debtcruncher has said,they forward to data furnisher.The bureaus simply hold the information and keep procedures in place that they must follow.The actual data furnisher is the one to go after if they are reporting incorrectly.
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
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PostPosted: Wed May 23, 2007 11:40 am Subject: data furnishers

who are they data furnishers?
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PostPosted: Wed May 23, 2007 11:44 am Subject:

data furnisher is the company who placed the account on your credit bureau
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Wed May 23, 2007 5:01 pm Subject: Transunion

What I meant was that in my dispute I informed Transunion that the collection agencies would not provide me with a signed contract. I have even sent them copies of the dispute letters I sent to the various agencies.
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PostPosted: Wed May 23, 2007 6:00 pm Subject:

Sorry to say, but Transunion is not going to take your word for it. If they did, then every single person with bad credit could simply write a letter and say "I asked for the contract and they didn't give it to me ... remove."

We would all like to argue that when we demand a copy of the contract, they HAVE to provide it or else remove the tradeline. However, I still have yet to read a provision of the FCRA that forces them send you a copy of the contract just because you demand it. I really don't think they have to. Data furnisher, upon dispute, is simply obligated to i) conduct an investigation, ii) review relevant information provided by the consumer, iii) report the results of the investigation within 30 days, and iv) update/correct any inaccurate information that was found.

So the bottom line becomes "Are they or are they not reporting factual information." If they are reporting false information, then file a lawsuit on those grounds. In front of a judge, they would need to prove that they were indeed reporting factual information; and if they couldn't prove it then you would win.



Last edited by DebtCruncher on Wed May 23, 2007 6:03 pm
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PostPosted: Wed May 23, 2007 6:02 pm Subject:

what if they haven't updated it for 2 months?
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PostPosted: Wed May 23, 2007 6:05 pm Subject:

It all depends on their reporting cycle. Again, there's no law that says they have to report every single month. But when they do report, the information has to be accurate as of the last date reported.

If the account has changed in the last 2 months since they reported, then send a dispute. They will be obligated to update the account with correct information.

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PostPosted: Wed May 23, 2007 6:07 pm Subject:

Ya i tried to send a dispute they said they've already investigated it and if i have something new to send it to them by mail.
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