I called MBNA again and they said that the can verify when the debt was charged off, but not the specific dates other than that. What should my next move be?
I'm sorry guys, I meant this to be a reply to my other post. Here's the other post: I got a credit report recently from Experian. On it, it has record of a MBNA credit card that I opened 9/1997. It says that it was 30 days late on 5/1998 and stayed late until it was charged off 11/1998. Now, I know that I did have this account when I was in college. But, as I recall it, it was late after the first month, so probably 10/1997. (I recall because I got kicked out of school 11/1997). I never contacted them again until I charged it off. I fixed my credit until then, and if this had the correct dates on it, it should be coming off my record this year. But since it has the date wrong buy 8 months, it will stay on my record 8 extra months. I called MBNA to verify the dates with them, and they said "We have no records of accounts closed more than 5 years ago." BUT, they do say they have the record of when it was charged off, nothing else. I disputed the record with experian twice. First, I said I had no knowledge of account. They denied my claim. Second, I tried to explain that I just wanted the dates changed. They denied it, and didn't provide any verification of what the grounds were. So what's the deal? If MBNA can't verify the account with me, how could Experian possibly verify it with them? How should I proceed? Should I contact the other 2 agencies? I need advice--any help would be greatly appreciated!
Did they put into writing that they can not verify the dates? Some experts may be able to offer additional advice, but this would be my answer. You actually seem to have a SIMPLE dispute. "Incorrect Date of Last Activity, Account Obsolete. In accordance with Johnson v. MBNA America Bank, US Court of Appeals for the Fourth Circuit, No. 03-1235, I DEMAND THAT MBNA CONCLUSIVELY VERIFY THE DATE OF LAST ACTIVITY, FROM THE ORIGINAL ACCOUNT DOCUMENTATION, AND NOT FROM A CURSORY REVIEW OF CIS." Since in Johnson v. MBNA America Bank, MBNA admitted that they destroy all records after their five year documentation retention policy expires, they should not be able to verify. Especially since you're referencing a case where they just lost $90,300.00, and lost again on appeals, for false verification in response to consumer disputes.
Is Ex the only CRA which it is still listed on? If so, you may need to get a little bit more creative. But Johnson v. MBNA speaks volumes to the RELIABILITY of the data furnisher, and their original verification. If you last tried to verify it before v-day, then you MAY be able to convince Ex to re-investigate. But its a gamble, they are especially fickle as to re-investigating once it has been verified once. The dispute above *should* help a bit with the other agencies, even if you've asked that that account be disputed before, they typically will allow a re-dispute without too much of a hassle.
It is on all three credit reports, Ex just happened to the one that I pulled. So, just to clarify, I should write to the CA and request verification of all account activity, not just the date closed. Do I give them 30 days? And I will register the letter. Then, when they don't respond (because they won't be able to, right?) I write to the CRAs and tell them that Experian could not respond and ask them to remove the info. Is this correct? Sorry I'm such a dolt, but I've been reading the boards and having a hard time understanding all the lingo and how it pertains to my case. I appreciate your help!
The first thing that you'll want to do is to take a couple deep breaths, and relax just a little bit. You don't want to rush, before you've gotten the hang of everything. The time that you delay, while you are studying, will pay dividends in the end. The more people involved in an account the more complicated things can get. Now, if the account is with a CA, but it's the OC who is reporting it to the CRA's, you want to stay focused on the CRA's & the OC for now. If both are reporting then it gets a little bit more complicated. First, you will want to go through and find out the SOL for your state (and the state you were in when you opened the account if they're different). This will let you know whether anyone could still take action against you for the debt. They can *STILL* try to take action against you if the account is past the SOL, but you can argue the Statutes of Limitations as a defense at the hearing. Next, you'll want to read the posts on "What is Validation" especially if there is a CA involved. You can take your time as you go through it, search for answers to questions that come up, and try to stay calm. Bite off a little bit at a time so you don't overload, especially at the beginning. The more you read it, the easier it'll start to get...
The first thing that you'll want to do is to take a couple deep breaths, and relax just a little bit. You don't want to rush, before you've gotten the hang of everything. The time that you delay, while you are studying, will pay dividends in the end. The more people involved in an account the more complicated things can get. Now, if the account is with a CA, but it's the OC who is reporting it to the CRA's, you want to stay focused on the CRA's & the OC for now. If both are reporting then it gets a little bit more complicated. First, you will want to go through and find out the SOL for your state (and the state you were in when you opened the account if they're different). This will let you know whether anyone could still take action against you for the debt. They can *STILL* try to take action against you if the account is past the SOL, but you can argue the Statutes of Limitations as a defense at the hearing. Next, you'll want to read the posts on "What is Validation" especially if there is a CA involved. You can take your time as you go through it, search for answers to questions that come up, and try to stay calm. Bite off a little bit at a time so you don't overload, especially at the beginning. The more you read it, the easier it'll start to get... Experian, TransUnion, and Equifax, are all three CRA's, they aren't CA's. Basically all they do is parrot what the company's tell them. But they are responsible for guaranteeing that the company's are reporting accurately. Which is why they are all supposed to re-investigate any disputes; however Experian is a stickler on refusing to investigate more than once, for almost any reason.
Subj: +5+9 Date: 4/16/04 7:49:29 PM Pacific Daylight Time From: LBrown59 To: LBrown59 ````````````````````````````````````` 1*I should write to the CA and request verification of all account activity, not just the date closed. 2*Do I give them 30 days? 3*And I will register the letter. xolina ============== 1*Send them the Validation letter. 2*30 days 3*SenD it CRRR. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
1*I should write to the CA and request verification of 2*all account activity, not just the date closed. 3*Do I give them 30 days? 4*And I will register the letter. 5*Then, when they don't respond (because they won't be able to, right?) 6*I write to the CRAs and tell them that Experian could not respond and ask them to remove the info. xolina ============= 1*Just send the Validation Letter CRRR. 2*Don't help them out with all this -why assist them in hanging you out to dry? 3*Yes 4*Asi said in 1-send the Validation CRRR. 5* 6*No you send the CA the estoppel after 30 days. You're not to the sending the CRAs anything yet stage. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
1*I should write to the CA and request verification of 2*all account activity, not just the date closed. 3*Do I give them 30 days? 4*And I will register the letter. 5*Then, when they don't respond (because they won't be able to, right?) 6*I write to the CRAs and tell them that Experian could not respond and ask them to remove the info. xolina ============= 1*Just send the Validation Letter CRRR. 2*Don't help them out with all this -why assist them in hanging you out to dry? 3*Yes 4*Asi said in 1-send the Validation CRRR. 5* 6*No you send the CA the estoppel after 30 days. You're not to the sending the CRAs anything yet stage. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. This happens a lot. After a few years most OC's will "purge" their systems. Whenever they do, they've situated their records in such a way so as to "consciously avoid knowing whether or not what they are reporting is accurate." Jam hit the nail on the head. Dispute as obsolete. Presumably they're smarter than to verify. .
