I made a mistake... Help me figure out the next part!

[Orrickc]

Next step advice needed:

Disputed an item on a credit report it came back verfiied. Called the OC and asked for verifcation of the debt they said they would call me back when they locate the file (you can guess that they never did!). Then I re-dispute and it comes back verified once again. So, I sent a 623 to the OC. What I didn't do... is send it registered mail. :-( I just sent it regular mail. This was nearly 60 days ago. DO I send a "I give you 7 days letter before I pursue you legaly" letter? Or do I re-send certified mail? I am guessing, since Ihave not heard back and this item has not been deleted they don't have the requested info and don't plan on furnishing it.

What should my next step be?

Some history on the orginal account: It was a movie store that went out of business that supposedly my husband owes 294.00 on. Thats CRAZY! So I asked for proof of the charges to see if they are anywhere near correct.

Thanks guys... I really appreciate everyones willingness to share knowlege around here!

[Orrickc]

Think i made a mistake - I sent the 623 to the collection agency - not the movie rental company who is no longer in business.

[Lian]

I am kinda curious about how your prior dispute through the CRA resulted in verification of the accuracy of the disputed information.

When you dispute through a CRA, they (not you) are required to forward your dispute to the party who reported the information and that party is then required to report back to the CRA within 30-days of the date of your dispute. The CRA, regardless of what the furnisher of the information does, is required to complete their investigation within 30-days of the date of your dispute, and send you a written report within 5 days thereafter. FCRA 611(a)(6). If they did not receive verification from the furnisher of the information, they are required under FCRA 623(b)(E) to modify the information or delete it from your credit report.

OK, how did they receive verification of accuracy back from a creditor who no longer exists? Did they contact the heir to the debt, and if so, who is that?

It appears that the CRA has not fulfilled its statutory obligations under FCRA 611(a).

I would immediately file a request for their identification of the specific procedures they used in obtaining verification from the furnisher of the information. How did they accomplish this task? You have the right to request their disclosure of "the procedure used to determine the accuracy and completeness of the information." This is commonly referred to as method of verification (MOV) letter, and is provided for under FCRA 611(a)(7).

Make them explain how they obtained verification.

A renewed dispute under section 623(a)(8) that is substantially the same as a prior dispute made either directly to them or through a CRA can be dismissed without investigation as "frivolous or irrelevant" under section 611(a)(3). While they still must inform you if they make such a determination, they have that recourse. So I suggest that you direct efforts at challenging the sufficiency of their first investigation.

[Orrickc]

Well, I sent off a letter to the agency that was collecting on behalf of the video store. This was 2 months ago... I called them today and they said,
"We will delete it Sept 1st." I asked for a letter to confirm that and they said, "We really don't gave a letter for that" She also said, it will take 4-6 weeks (after sept 1st) for CRA to update my report. I don't know if I should call back and insist on a letter or if i should just wait it out... But I think I am making progress! YAY!

Sorry, Lian, life got in the way and computer time/credit repair has been pushed off a bit. I was on trying to ignore your response!