O.k. I tried to nutcase a closed account to get rid of some late pays. It didn't work. But you won't believe the response I got lol. This is From Ford Motor Credit: "Please know, the Fair Credit Billing Act applies to accounts considered to open-end accounts such as credit card accounts and charge accounts issued by department stores. Because the aforementioned accounts were automotive install ment accounts, rather than revolving credit accounts, they were not impacted by the Fair Credit Billing Act." "...Under the Fair Credit Reporting Act, a person who seeks to dispute the accuracy of information reported must: Identify specific information that is being disputed. Explain the basis for the dispute. Include all supporting documentation required to substantiate the basis of the dispute..." Now if I weren't a member of this board I might go for this. but since I am...NOT. In my nutcase letter I referenced FCRA and they totally ignored it. Planning my next steps now. Any advice is appreciated.
That's a pretty standard answer, and not completely incorrect. Under the FDCPA, you can do a blanket "I dispute it" and produce evidence that you are right, and I am wrong. The FCRA doesn't provide anything remotely close. A dispute under the FCRA needs to be specific, and preferably with evidence.
Hi Jam, Thanks for chiming in! I'm hoping to get some input on how to proceed from here. All the accounts are closed. I just want to get some late pays deleted.
An FDCPA dispute probably won't get much traction either if you are working with the original creditor. An FCRA dispute would require evidence of the inaccuracy, but unless it's not yours, all they'll do is take that evidence and update the tradeline. In the 10 years since the original nutcase letters, creditors have become a lot more sophisticated. What might have been too much trouble for a person to deal with in 2000 or 2002 is now done automatically by computer, today (and is no trouble at all). Basically, in the past it was: "If you don't fix/remove this, I'll take you to court." and the creditors would back off, preferring not to fight. Now the response is, "OK, bring it on, smart guy!" It's a different world.
That's the one negative of the form letters, as they've been used over and over they've been able to be analyzed, even if you make some tweaks to the letters, the basic components of the letters remains the same. That's one of the reasons for writing your own letters. Have you tried going the goodwill route and seeing if they would take care of a couple of the late pays out of the goodness of their hearts?
I was thinking about the goodwill letter next, I'm not sure how they'll respond considering that I threatened them first with the nutcase lol.
(5) The term “new credit plan” means a new account under an open end credit plan (as defined in section 103(i) of the Truth in Lending Act) or a new credit transaction not under an open end credit plan. This is from section 603, which contains the language they refer to. They always leave out the part that they don't like. Ask them to cite the specific paragraph upon which they rely.
