Sunday, July 24, 2005

New Post/Thread Notification: ASK AN ATTORNEY


Hello,

ICU812 has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of Validation of Debt.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=700

Here is the message that has just been posted:
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Since last I wrote, the following events have occured:

Experian and Equifax have each reported the "alleged" debt is in Collections with no comment attached.
TransUnion has reported the debt in Collections, with Remarks indicating that "this debt is dsputed by Consumer."

My husband and I will be signing a Construction Loan for our new house on Aug 27, 2005. That loan has already been approved.

However, two weeks ago, we applied for a Contractor's account at Lowe's using our Letter of Approval from the bank. On a letter dated July 18, we were DENIED the contractor's account due to information contained in the Equifax Credit Report.

NOW, if TransUnion reports that this alleged debt is disputed, and Experian and Equifax do NOT, how would I determine if Armor Collections was negligent by not reporting the dispute to the CRAs, or if Experian and Equifax are negligent by not including the CA's statement.

If Armor did not report that info to the 2 CRA that do not have that statement, would this be another cause for action against them under the FDCPA?

Conversely, if Armor did supply that info, but the 2 CRA's did not include it, would they be liable under the FCRA?
Write to the CRA's and ask them. Be polite, tell them you have disputed it with the CA and that you are wondering why it is not listed as in dispute. Request that they validate and ask for the name of who they contacted, address, phone number. Tell them to take the additional time if necessary. I believe it's 30 days +15. They should correct it or say it's ok as is. If it's the latter, I suspect it's proof that the CA didn't report it to the CRA as in dispute. That's a violation. The denial for the construction account is additional damages. $How$ much you will have to determine.
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