Be ready to go to court... Not entirely. I say that because, when you start the dispute process, you are invoking the law on your behalf. Or at least that's what should be happening. I'm going to break this down.
When it comes to disputing negative items on your credit report to be removed, it's important to understand that you are not necessarily disputing the actual account that you want removed (i.e., charge off, collection, repo, bankruptcy, etc.), you are rather disputing the information that is reported on the account that you want removed. This type of disputing is called "factual based disputing"/"metro2 based disputing"/'pre-litigation disputing".
What that essentially means is that the way in which you dispute and send off your dispute letters aligns with the requirements of the Fair Credit Reporting Act and puts you in the best position possible to prove that the bureaus violated the law. Properly drafted dispute letters sent in a timely manner can do just that.
And don't get me wrong, this is why the dispute process can take months to complete. Because it takes time to send the right number of letters to prove that the bureaus are in violation of the law (which they are every time because of the automated dispute system that they us: E-OSCAR... You just have to be in the best position to prove that).
On top of that, the credit bureaus like to use "stall tactics" which either force you to continue the dispute process or discourages you from it. And
most consumers get discouraged and do something that compromises their dispute process. Like dispute again using the same dispute reason or wait too long to continue disputing.
According to the Fair Credit Reporting Act, there are three main criteria in which an account can be removed. The account must either be inaccurate, incomplete or unverifiable in some way. Not only that, but you also must contend with the credit bureaus automated dispute verification system (E-OSCAR), which has a tendency to verify information on disputed accounts that are blatantly inaccurate. Which makes it even tougher to get the items removed.
The credit bureaus have figured out that because most consumers don't really understand the FCRA, that they can stall them out and not correct the errors they are reporting. They know that most consumers aren't going to sue them. They know that most consumers are using template letters and credit repair companies, that, to be honest, they themselves, don't really know what they are doing (using templates themselves or other credit repair software).
Nevertheless, in the event that you find everything that you need according to the FCRA to get the account removed and the bureaus reverify the account every time that you send a new dispute, then what do you do? Of course, you can file a CFPB and FTC complaint but even that might not be enough. That means you will ultimately have to either sue the bureaus (private corporations) or "accept defeat" (which is what they are banking on and what most consumers end up doing).
To learn more, click here and make sure you sign up and register for my Live Dispute Letter Workshop.
You ultimately need to know how to sue them. Which really is a very simple process. All that is required is to go to your County or District Court house and file the proper complaint. The key, though, is making sure that your claim is strong enough to win. That's all that matters. And you do this by "setting the bureaus up".
Each letter that you send to the credit bureaus is a "trap". Here's why. You need to get them to prove that they are "Parroting" information from the furnisher. Which is what they can't do but also can't help but to do because they use an automated system that has no human intervention or discretion.
So, this is how it works in a nutshell. When your letter reaches the credit bureau, it is scan read by a program called Optical Character Recognition. Which can basically transcribe the text or handwriting into Metro2 code (which is why it doesn't matter if your letter is typed or written). That code is then electronically transmitted to the furnisher. Who then, with its own automated system, electronically communicated back via the same code whether the account is verified or not.
The thing is, according to the FCRA there has to be what's called "a reasonable investigation" into the disputed item. Now, it could just be me, but it doesn't seem like much of an investigation if the only thing that was done was a simple electronic communication between two systems. One would think that there would at least be some sort of cross referencing with the data that is disputed in the letter and the data that the lender has on file.
Even when this information is verified and disputed again, asking for a reinvestigation and then a request for the method of verification, the bureaus will simply verify the disputed items again. But what this proves is that the bureaus are in violation of the law for not maintaining proper procedures to ensure the maximum possible accuracy of the information contained in your consumer file/credit report.
This is where the properly drafted and sent dispute letters will come in handy in any court proceeding. Because at this point you have exhausted all of your remedies and resources against this private company (send letters, filed complaints, etc.). Your letters and any associated documents can now be used against the bureaus to get the remedy you need. Which would be a court ordered removal of the items and monetary compensation for damages.
The law is specific and concise, and the case law is from consumers that have successfully taken the bureaus to court and won using the exact process I laid forth in this article.
I hope that this article has helped bring clarity to those reading. Don't get discouraged if the bureaus verify the accounts you are looking to delete. They are doing it at their own detriment (if you know the game). Just make sure you are disputing properly so that you don't risk the chances of your disputes getting marked as frivolous or irrelevant and thrown out.
To learn more, click here and make sure you sign up and register for my Live Dispute Letter Workshop.
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