[cracrap]

backstory-disputed item with cra, ca verified..disputed with cra again and sent validation to df at the same time. the df is a ca not licensed nor bonded to collect in north carolina..df sent copy of public judgement..sent validation request to df to remove tl as they are reporting incorrectly but only disputed 1 item directly

1.in order to have a cause of action against a df under 1621s2b,must u dispute each of the exact mistakes with the df or is it just good enough to dispute with the df and then have them verify incorrect info?

2. ex:
A. a public judgement is listed against me in a civil action not related to credit
.B..its turned over to ca...
C. they report the public judgement to the cra's in the name of a business and not the name of the actual private individual who won the suit...
D. they list it as a collection account
E. they report the account type as open
F. they fail to mark it in dispute

any recourse?

[Enigma]

You need to go through the CRA first.

[cracrap]

"backstory-disputed item with cra, ca verified..disputed with cra again and sent validation to df at the same time"...

am i overlooking something?...must i dispute a particular way?

[Enigma]

Did the CA verify when you contacted them directly?

[cracrap]

all that they provided was the judgement in the name of that private individual which is a matter of public record...their mistake that i see is that they are reporting a private judgement in a different name and then reporting to the cra as a collection account,open,no dispute notation,etc.....

ex: i sued enigma because i dont like your name, it offends me,it reminds me of an enema
........cali ,being what it is, allows me to sue u as a private individual as a private individual
........i win damages, because, after all , noone likes the thought of an enema.
........i cant collect because a judgement is a worthless piece of paper in cali for private individuals
......... i turn it over to my business's out of state collection agency who then lists it on enigma's credit report as an open collection account in the name of my business even though its a public judgement in the name of a private individual
...make sense?

[apexcrsrvc]

You would have a cause against the furnisher if you pinpointed anything that was inaccurate, they verified it as accurate and you sustained damages from it directly and proximately. Failure to mark it as being disputed is a FCRA violation under s-2b, See DiPrinzo v. MBNA, and a FDCPA violation if they're a debt collector.

One thing though, you say this is a business debt, correct?

[cracrap]

no...its a private judgement in the name of an individual against another private individual over a civil matter having nothing to due with debt....
they tried to be tricky by turning it into the company that they work for and then having that company turn it over to the comany's out of state collection agency and then have the collection agency list it on my report in the name of the company that they work for rather than the individual who won the judgement
mind you, this isnt under public records or listed on my cr as a public record
the collection agency listed it as a collection account on my cr

[cracrap]

Originally Posted by apexcrsrvc

You would have a cause against the furnisher if you pinpointed anything that was inaccurate, they verified it as accurate and you sustained damages from it directly and proximately. Failure to mark it as being disputed is a FCRA violation under s-2b, See DiPrinzo v. MBNA, and a FDCPA violation if they're a debt collector.

i disputed with the df that the judgement is not listed in the name that they are reporting it and they are not licensed nor bonded to collect in n.c.as required...
.i did not dispute with them that they are listing it as a collection account, that it is open or that its not marked in dispute....which brings me to my first post
also how can a public judgement be an open account???

[cracrap]

Originally Posted by apexcrsrvc

You would have a cause against the furnisher if you pinpointed anything that was inaccurate, they verified it as accurate and you sustained damages from it directly and proximate

i have not sustained direct damages nor proximate damages, does this mean there is not a coa?

[Pale Rider]

A copy of the judgment is validation.

I don't think that reporting it as a collection account in the CA's name is a violation. They are collecting, and they are collecting for the CA. They would have to provide the name of the judgment creditor upon request.

When you say it is reported as "open", is that the status or the type of account?

[cracrap]

they are not listing the original judgement creditor as the private individual whose name the judgement is in, they are listing it in the name of a business that he works for...which had nothing to do with the civil matter...
lists pay status as collection account
lists account type as open

[apexcrsrvc]

You do not have a cause of action yet under the FCRA. You do under the FDCPA or NC law (which is better than the FDCPA).

You need to dispute the tradeline through the CRA's and be damaged to sustain a FCRA claim.

[cracrap]

u must prove damages under s2b? what if u cant , but the tl is not marked in dispute.

[neil5623]

Originally Posted by apexcrsrvc

You do not have a cause of action yet under the FCRA. You do under the FDCPA or NC law (which is better than the FDCPA).

You need to dispute the tradeline through the CRA's and be damaged to sustain a FCRA claim.

Could you be more specific, please. Where is it written that there must be damages? What constitutes damages? Does credit denial count?

[apexcrsrvc]

It is in every seminal case within the context of th FCRA insofar as the framework does not impose a strict liability standard; i.e., it is a negligence test which requires direct and proximate causation and damages.

Credit denials can serve as damages. Unfortunately, ascertaining damages are difficult in consumer cases. However, lost mortgages seem to be the trump card.