Sueing Creditors/Credit Bureaus? FCRA section 623?

felipe212 · 12-18-2007, 02:58 PM

Hi, To everyone on here

I recently disputed items on my credit report with creditors and credit bureaus alike, i went and sent certified letters directly to the creditors disputing my accounts. I asked them to investigate and get back to me within 30 business days.

The Credit Bureau got back to me with results saying verified no change the Creditors however never sent me anything, i called nicely asking them to delete the information, and i was told that they only had to get back to the credit bureaus and not to me. I believe this is wrong according to section 623 deadline.

I am ready to sue these people but before that i want to make sure i am right.

Another question is if a creditor does get back with you in the 30 days what do they have to provide, i believe that they can not just send a letter saying "We reiceved your request" Correct?

Any help would be greatly appreciated.

Thanks

centex · 12-18-2007, 03:38 PM

You need to read to ensure you even have a private right of action. Secondly, I believe you shot yourself in the foot by disputing directly with the original creditor at the same time as you submitted a dispute with the bureau. 632 appears, at first glance, to apply the timeline only when the dispute is made only with the furnisher of the information.

I've not dissected the section nor do I intend to. It is not the area of law in which I am routinely involved. Further, without knowing whether you identified the specific nature of the dispute, it is difficult to say what obligations would have been placed upon the furnisher. People tend to overlook that little word (specific).

And lastly, without a more thorough papertrail showing your due diligence in attempting to resolve this matter outside of a courtroom, litigation is premature.

felipe212 · 12-18-2007, 04:02 PM

Thank you for your prompt reply, however i must disagree beacuse, i filed my dispute first with the creditor and then with the credit bureaus.

However the creditor has to get back to the consumer when the consumer directly disputes information with them.

The funniest of all things is that i called countrywide and spoke to their manager of disputes who said she did not see section 623 on her Fair Credit reporting booklet. !

Quote:

Originally Posted by centex

You need to read to ensure you even have a private right of action. Secondly, I believe you shot yourself in the foot by disputing directly with the original creditor at the same time as you submitted a dispute with the bureau. 632 appears, at first glance, to apply the timeline only when the dispute is made only with the furnisher of the information.

I've not dissected the section nor do I intend to. It is not the area of law in which I am routinely involved. Further, without knowing whether you identified the specific nature of the dispute, it is difficult to say what obligations would have been placed upon the furnisher. People tend to overlook that little word (specific).

And lastly, without a more thorough papertrail showing your due diligence in attempting to resolve this matter outside of a courtroom, litigation is premature.

centex · 12-18-2007, 04:07 PM

Quote:

Originally Posted by felipe212

Thank you for your prompt reply, however i must disagree beacuse, i filed my dispute first with the creditor and then with the credit bureaus.

That might have been useful information to place in your original post.

That being said, I still do not believe you will be in a position, with what you have posted thus far, to prevail in court.

jlynn · 12-18-2007, 05:58 PM

Quote:

Originally Posted by felipe212

However the creditor has to get back to the consumer when the consumer directly disputes information with them.

While this is very true, even if they don't, you have no private right of action for them not responding to you. Read 623 closely. The only way to have a cause of action is by disputing through the CRAs.

However, in case you cannot resolve this, it still looks good that you tried to resolve this, and court is your last resort.

With that being said, did you dispute specific problems with the reporting?

drivel · 12-18-2007, 06:04 PM

Iron clad case, sue away my friend!!!!

jlynn · 12-18-2007, 06:23 PM

Quote:

Originally Posted by drivel

Iron clad case, sue away my friend!!!!

What? Are you testing Qtip to see if he is in the Christmas spirit?

centex · 12-18-2007, 06:26 PM

Quote:

Originally Posted by jlynn

What? Are you testing Qtip to see if he has been drinking the Christmas spirits?

fixed your post

jlynn · 12-18-2007, 06:31 PM

Quote:

Originally Posted by centex

fixed your post

Thank you.

felipe2121 · 12-19-2007, 10:05 PM

What are the chances that they will even show up? i am sueing them in nevada through their resident agent they are located in NC.

Enigma · 12-19-2007, 10:25 PM

Quote:

Originally Posted by felipe2121

What are the chances that they will even show up? i am sueing them in nevada through their resident agent they are located in NC.

They will most likely retain local counsel to appear.

Prepare yourself to answer motions for change of venue, lack of personal jurisdiction, and possibly move to federal court.