dispute brainstorming (long, sorry!

Discussion in 'Credit Talk' started by mirabelle, Jan 11, 2002.

  1. mirabelle

    mirabelle Well-Known Member

    (sorry this is a novella)

    I have posted some about a JCP account that is reporting totally inaccurate information. Some of y'all suggested using the 30-day deal against Equifax, since they refuse to correct it since the letter I sent reflecting there should be no derogatory information was not signed by anyone at JCP (And JCP says they never send signed letters to the CRAs and never have problems...).

    My thought is that Equifax may (unfortunately)be within their rights since they ask for a signed document on letterhead and what I have isn't signed. Of course, common sense would dictate that they could call JCPenney and verify that none of their letters are signed, but that's too muchto ask I know.

    I faxed a letter to the supervisor at EQ/CSC that I spoke with and asked her call and please pull the previous fax so she could see what I had sent (she apparently never got it routed to her). this was about 2 hours ago and I doubt I will hear back today. I alluded that legal action would be taken if it wsn't resolved..first time I've done that.

    I also faxed JCP's credit bureau department and asked them if they could help by sending documentation or something to EQ--I even asked/begged for a signed letter (which would satisfy EQ) and suggested deletingthe accounts if they just flat out couldn't get EQ to report correctly (I know this is a long shot, but thought that after all this, why not ask?).

    I'm at home today, so I've working on it--after the 11/27/01 update, Eq showed the old installment account as zero balance and an I3 rating. It also has 1 time 30 days late and 13 tome 60 days late. It has had no balance for over 5 years and now the last activity date is now 8/01. It *should* be an I1 with no late payments, paid in full. Now, as of the 1/4/02 report, it shows I2 and 13-times 30 days past due with a zero balance. No dates listed forthe lates.

    The regular revolving account, which I've closed, as of 11/01 showed (bizarrely) as inacctive with no information as of the date of last activity of 10/01. Now, the 01/02 report shows this as an I2 account (when it is really a revolving account), nothing past due and the correct balance. And 13-times 30 days late. But no dates of the bad status, just the number of times.

    Any thoughts or ideas? The problem, I think, lies with EQ, not JCP,as the account is reporting accurately on the other 2 CRAs--never late, no derogs. I don't care if they report the account, I just want it reported accurately. And if nothing else, the old installment account should be close to dropping off if they didn't change the activity date.

    EQ won't code it as a dispute since it has been done several times--they alluded to "frivolous dispute." Even if they are at fault and we wouldn't have gotten to this point if they had just done it right the first time.

    Could I try disputing the accounts as something else--like the revolving one that reports as an I2 as "this is not an installment account?" Try to get it deleted or corrected on a technicality?

    I am looking for ideas, since I'm at a roadblock.

    I can't dispute online since our area uses CSC Credit Services.

    I know everyone is very gung-ho to go to court, but I totally confess to being chicken; I don't know how to fake my way through this one.

    Or after the 30 days are up from the date I sent the last fax on 12/27 regarding the letter. I have the fax confirmation sheet from Kinko's....would I just send the letter from the index on "your 30days are up and you must delete since the info is still correct?" The problem is that EQ HAS responded that they don't like my letter.

    What about the fact that all the 13+ lates show no dates--isn't EQ required to how the date of the lates and the prior status? Would the dispute be "no dates indicated for alleged late payments?"

    I don't mind accounts that report late because we really did pay them late (and there are some), but this is ridiculous because these accounts are supposed to be spotless.

    It's like I have documentation to show there should be no lates, EQ doesn't like it, so I am reaching for technicalities. Or should I wait for a reply? Am I screwing things up potentially by trying to get JCP and Equifax involved? I am banking on maybe getting one of them to do something, if not both.

    All I want is for the 2 accounts to report correctly and accurately at this time. And, as an aside, I am one of the people who Citibank jacked an APR to 24.9--and it was because of this: It looks like I have 2 bad off accounts. Citi temporarily lowered my rate back down to 9.4% pending this getting corrected, but said they'd do another AR in March to verify EQ was clean. That's a whole different ball of wax--and I know it is these 2 JCP accounts since those are my only current negs.

    Thanks in advance for any help you all can provide!!! I've just never had any of the disputes drag on like this.
     
  2. KHM

    KHM Well-Known Member

    It may be time for a lawsuit, especially if you have the old reports with the 60 days late and then the ones WITHOUT! Keep everything, fax transmision sheets, CRRR, anything you have pertaining to this. With Equifax I had the same prob (no sig. on letter from creditor) and I said "24 hours to fix or I pay a visit to my lawyer to file suit" it was gone the next day.
    Hope I helped.
    KHM
     
  3. mirabelle

    mirabelle Well-Known Member

    Thanks...and you can bet I have this huge pile of paper documenting this mess. It's downright irritating that this is actually a good account, not something me or my husband messed up on our own!!!

    Since you had the same problem, is CSC/Equifax actually able to demand a signature on correspondence? That seems ridiculous, especially since they know most companies use computer-generated letters.

    I just reread PsychDoc's Litigious Lunatic letter and I think that with a little tweaking and combining with the "30 days are up" letter it might apply to this.

    This is a really good example of how the CRAs can and do screw up--it's not just the bad ole consumer.
     

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