Creditor notification
Date: Sun, 04/26/2009 - 08:43
But you do have a right to dispute it, if it is inaccurate, with
But you do have a right to dispute it, if it is inaccurate, with both the creditor and the CBR.
I did dispute it, but it came back verified. I am in the process
I did dispute it, but it came back verified. I am in the process of sending out investigation letters now.
technically speaking, if you follow the letter of the law, they
technically speaking, if you follow the letter of the law, they DO have to contact you within 5 days of reporting an entry on your credit report. The FDCPA mandates that "within 5 days of initial communication", they must send you notice of your consumer's rights. The FDCPA also defines "communication" in such a way that reporting on your credit bureau does in fact fall under the definition. So, while they dont have to notify you before they report, they DO have to inform you of your right to dispute, etc etc, within 5 days of initial communication regarding a collection matter. This is a very overlooked aspect of the law, but the definition the FDCPA uses is clear as a bell--this is from section 803:
Quote:
"(2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium. " |
Here is the part about the five days, from section 809:
So there you have it--possibly the most overlooked violation of the FDCPA. It happens every day and even my attorney didnt look at it that way until I brought it to his attention.
But if it is a creditor or the OC, they would not be subject to
But if it is a creditor or the OC, they would not be subject to the FDCPA.
Yes, the OP is not clear. What is the name of the creditor, w
Yes, the OP is not clear.
What is the name of the creditor, what state are you in, when did the debt first default, or is it even yours to begin with?
It depends on the state. In California, for instance, the Rosenthal Fair Debt Collection Practices Act also largely covers the original creditor and is stricter than the FDCPA.
