Have a TL from BofA that shows on EQ (which, of course, doesn't match EX): Previous Payment History: 2X 30 days, 1X 60 days, and 3X 90 days Previous Status: 09/00-R5; 08/00-R5; 07/00-R4 The current status is listed as R1 In an attempt to get this negative either changed to a positive or deleted, I . . . ** Sent BofA a Nutcase Letter on 6/20 ** Recevied the green card back on 6/25 ** Disputed online "never late" on 6/25 ** Received from Experian (via mail) the results of their investigation indicating that "This creditor has verified to Equifax that the current status is being reported correctly. This creditor has verified to Equifax that the prior paying history is being reported correctly." ** Have not received anything from BofA (validation or otherwise) I'm a bit unclear as to my next step. I am assuming that even though this is a Closed/Paid account, they still have to follow the proper validation process (i.e., validate prior to verifying). If my assumption is correct, do I send an ITS letter to BofA? A Procedural letter to EQ? Both? Something else? Thanks!!
B of A is an OC and is not subject to the validation process of the FDCPA. Did they mark the account "consumer disputes"?
The CR that EQ sent does not have a consumer dispute notated under BofA. I also disputed the account with EXP and that TL does not have a consumer dispute notation either (although they have not yet verified). I went back an read the thread on Validation to OC and it looks like my only next step is to actually file a lawsuit (in small claims?). Is the correct next step? From this thread it sounds like I am wasting my time with additional letters to the OC. Any advice would be appreciated. Thanks!
I don't understand why you sent the nutcase. If you are now R1 with them, why not use a goodwill letter instead? Nutcase is NOT for this kind of situation. It is for hardcase charge offs, only when all else has failed.
My apologies for not giving a detailed history . . . This account was closed by BofA. I have tried for a few years to get the lates taken off (spoken to BofA, disputed with CRAs, etc.) but to no avail. Do you think a Goodwill Letter will work? I have no problem going that route -- I just figured that if over the past two years they have steadfastly refused to remove the lates that I would need to "kick it up a notch." Thanks!
Well, B of A does not have to validate. If you were really not late, then sue them under the FCRA for inaccurate reporting. If you were late, you are taking a chance that they actually can produce thsoe records in court - they do archive records for a long long time. I don't mean to tell you to be a doormat - that's not my philosophy, but really old lates on a closed account aren't going to hurt you that much if you have built up good TL's since then. How long has the account been closed? How old are the lates? Is B of A still updating regularly - if they aren't, I would leave it alone for a while and see what happens. If they're updating, regularly, it is hurting your score. If not, and you leave it alone, it will fade away and not affect your score at all. Continuing to dispute something like that that is not being updated makes it affect your score.
This is only from personal experience with BofA. They sent me a letter saying their files are accurate, and send me back to CRA. Try Goodwill letter to PFB BofA. and be patient you have nothing to lose. If this doesn't work come back and ask again. You can do a search "goodwill BofA" and find some more information... Goodluck PS: I wrote my own Goodwill letter, that might help.
Re: Re: BofA Verifies Before Valida You mean when I dispute a few years old late remarks, my score goes down? (I have something similar)
Dispute with both Experian and Equifax. They both will verify that they are reporting the correct information (amount late, dates of lates, quantity of lates) Since Equifax and Experian are showing different information, and BofA will validate that the information is correct, I would say you have a clean cut case in small claims court for BofA not reporting accurate information. If they tell one of the credit reporting agencies one set of lates, and another CRA a different set of lates, BANG violation. If you just want it deleted, a Goodwill letter may do the job, I say if it doesn't work sue the pants off them. Just my opinion, I'm in no way an expert. ChrisB
Re: Re: Re: BofA Verifies Before Valida That's what seemed to happen to me. I had old paid tax liens. Early on, I made the mistake of sending the court docs to the CRA's in an effort to get them to report the liens as "paid" - later, when I learned a few things, I wanted to get them deleted. Unfortunately, since I had sent the docs in, I had 0 chance of getting deletions. I kept trying - every time I disputed, the CRA's updated the line where it says "updated" and my score would drop. When I finally decided to quit disputing (my head was bloody from beating against the wall) my score climbed steadily. Last feb the liens came off (7 years from date paid). I learned two lessons - never send in the docs, and if you can't get something deleted, override it with good stuff, while letting it fade into the past. My scores are now mid 700's. They were always under 700 with the tax liens on my reports. Crazy, since I know people with bk's less than 5 years old with scores in 700's. The liens did not prevent me from getting prime cards, so it may depend on exactly what kind of derog is on there. I have had a couple of credit analysts say that tax liens are treated differently, since they are not consumer debt, and can be on there for many reasons other than just not paying your bills.
