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Got a question... Is it possible to cancel my Lending Tree mortgage escrow? Hoping for any comment. Second question.. Here's an interesting one:. |
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Of course! although you might want to make sure and wait for someone else to confirm my answer as I am not sure. Better yet, why don't you contact the Lending Tree guys because they can assist you better...
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While they did mark the account IN DISPUTE but that means nothing to me (nor my potential creditors.).
The accounts just sit there in indefinite dispute, while the OC does nothing to pursue the actual dispute... |
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OK, I don't understand this. On what grounds would you sue them? Sec. 623 says:.
) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [ 1681s] by the Federal agencies and officials and the State officials identified in that section.. I read this to mean that the consumer cannot sue for violations of 623 of the FCRA. That only state and/or fed agencies can?. What am I missing?.. |
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In a FTC opinion letter to Harvey the FTC writes.
"Section 623(a)(3) of the Fair Credit Reporting Act ("FCRA") concerns the reporting of information to consumer reporting agencies once the consumer has notified the furnisher that information is disputed. That section states that when a consumer disputes the completeness or accuracy of any information furnished to a consumer reporting agency, the information in question may not then be furnished without notice that it is disputed by the consumer. That provision addresses the furnisher's obligation only when the furnisher continues to report disputed information. The statute is silent on the matter of the furnisher ceasing to report information while it is investigating the dispute. It is thus the opinion of the Commission staff that a furnisher that temporarily ceases to report disputed information while it investigates the matter, and then either (1) corrects the information if it's investigation results in agreement with the consumer or (2) reports the item as disputed by the consumer where that is the result of the investigation, would comply with Section 623(a).". Now that the account is in dispute with the OC, you will need to give the CRA 30 days to investigate or delete it. Don't send the OC any copies of their credit reports. Find the prove it or lose it letter, I posted something along those lines yesterday for someone else!. Next you will dispute with the CRA's Certified Return Receipt Requested, Wait 30 days and then fire off another letter from the sample files "Prove it or remove it" (change it around a little bit because that one is generic) and then send it to have it removed.. Hope that helps!.. |
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You can sue for violations of 623, just not section (a).
Tac.. |
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Ok, just went back and reread sec b. (I got the part about a), I think I was just tieing it in wrong, with receiving the dispute thru the CRA vs. direct from the consumer :)..
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In a 1999 FTC opinion Watkins.
Etter:. This should read. In a 1999 FTC opinion Watkins letter:. I left out an "L" of course you should always proofread and re-proofread anyway!.. |
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Jlynn,.
Be glad that's there. In Heintz V. Jenkins (I believe) the court opined that since Section (a) denotes that only the fed's can pursue violations it became obvious that. If. Congress intended to limit the pursuit of violations to the feds it would be so stated.. Therefore, it follows logically, that since it is NOT so stated in section (b) it becomes obvious then, that Congress intended for the. Consumer. (not just the feds) should have redress.. But it IS your dispute through the CRA and then to the DF, that triggers (b).. Keep up the good work.. :).. |
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Glad to see you!.
So, since Foleys verified the "not mines" thru CRA, I then pursued Foleys directly about all their discrepancies. So, should I start new disputes with the CRA so they can be tied together? Or have I already met that burden?.. |
