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Date: Fri, 10/10/2008 - 07:33

Submitted by DirtPoor08
on Fri, 10/10/2008 - 07:33

Posts: 30 Credits: [Donate]

Total Replies: 7


So my budget this month is EXTREMELY tight. I had to have emergency dental work which wasn’t 100% covered by my insurance. So I am out of pocket $1,000.00. Luckily I can go on a payment plan, but they only do 8 weeks plans. Which means $125. a week the next 8 weeks, oy-vey!!!!! I am already preparing to do garage sales this weekend and next to raise some extra cash. And I will more then likely have to make partial payments on my utility bills. It may be time to cut off my cable. And I am trying to get some extra hours on my second job.

Here’s my question. I have something on my credit report I wish to dispute with the three credit agencies. When sending to the three agencies, should I really send it CRR, or do you think it would be OK if I don’t? It’s not like they are JDB’s looking to screw me over, right? I don’t want to dispute online, because I may decide to suspend my home internet service temporarily. And through work, I can’t access two out of the three sites.

Then, there’s two new JDB’s that has been harassing me, and I want to send them DVs. It’s it OK it I just send it certified, and not certified return receipt? I’ll still be able to prove I mailed them something. The only difference is that I won’t have the signature of the person who signed for it.

Thoughts? As you can see, I am in a real need to squeeze every last penny out of my budget that I can!!!!


If the mailing address is a PO Box, you are wasting your money sending it return receipt. Only a physical address can really verify receipt. I also did disputes online and had a pretty quick turn around time. There is also free internet access at the public library... at least here there is.


lrhall41

Submitted by on Fri, 10/10/2008 - 18:01

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Sending anything Certified Mail with a return receipt to a PO box is no different then sending to a physical address. The Post Office puts a notice in the box advising of an item that needs to be signed for and the person will go to the window and sign for it.

Also if you keep the Certified tracking number you can track and print out proof of delivery. It is as good as the green card.


lrhall41

Submitted by on Fri, 10/10/2008 - 20:26

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Goldenblast's suggestion is the best in my opinion. It has worked for me. I would suggest you stay away from the online dispute when disputing tradelines. Besides the obvious problem that you have NO PROOF of your dispute that you can take to court as prima facie evidence to establish your case, there are other issues that come up.

When the FCRA was amended by the FACT Act, they put in a section for "Expidited Dispute Resolution" (Section 611a( 8 ) ) aka the on-line dispute system. If you read that part you will notice this sentance:

"the agency shall not be required to comply with paragraphs (2), (6), and (7) with respect to that dispute" if they delete the tradeline within 3 days.

Paragraph 2 is the part that requires the CRA to forward your dispute and all related documentation you provide to the furnisher. Paragraph 6 is the part that requires the CRA to provide you with written results of the investigation. Paragraph 7 is the part that requires the CRA to provide you with the method of verification on request from the consumer.

Now where this is a problem is that the law isn't specific enough to say permanently delete or supress. The CRA can "soft delete" it for 30 days and then the tradeline can reappear when the furnisher reports it again in the next 30 day cycle (Because the CRA isn't required to tell the furnisher you disputed it at all). So this leaves a mechanism in place where the consumer thinks they are getting a delete, but it is only temporary. Since the furnisher doesn't know it was deleted, they can re-report it and the CRA will happily put it right back on your report...and there is nothing in the law to stop it.* Further, you loose your rights to request MoV and loose the hard-copy of the investigation results you would otherwise get if you did the dispute by mail; Leaving all evidence of the dispute tightly locked in the CRA's hands...where you are essentially assured that they will fight any and all attempts to subpeona it in a court action.

*The 5 day notice letter for reinsertion is only if the CRA puts the item back on your report as a result of an investigation taking longer than 45 days to complete. The CRA does not have to give you a 5 day notice of reinsert if they complete their "expedited investigation," delete the tradeline, and the furnisher re-reports it later.


lrhall41

Submitted by NASCAR_Devil on Sat, 10/11/2008 - 03:22

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I've disputed items with the credit bureaus for clients and occasionally, they claim not to have received the dispute letter. That is why I recommend to *always* send the dispute letter via some method that shows the credit bureau received the letter. Certified Mail, Return Receipt Requested is one such way.


lrhall41

Submitted by davidw on Sun, 10/12/2008 - 16:37

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