So I called Experian today regarding an account that dropped off of EQ and TU in May/June 2006. I inquired as to why it had not dropped off of EX (I had disputed this account in Jan 2006). They said that it was last showing a late payment in Feb 2003 and that it would continue on my report until Mar 2010. This was a credit card account that was closed (involuntarily) around 1999-2000. There's no way it could have been "late" in 2003. The only way I can think they have reported this is perhaps when it changed CAs somewhere along the way. I think they were being vindictive because I disputed it in Jan 06 and just reported whatever they wanted to keep it on the report. Whatever they did in Jan 2006 when they "verified" it caused my Experian Score to drop from 668 in December to 595 in January. Right now, I'm setting on a 637. Since my phone call, I'm thinking of disputing it again since they've provided bogus "late payment" information as a reason. What should I do?
It could show as a late payment if you made a payment in 2003. If not then you need to request the validation on the account, more specific the last payment date, from the CA and CRA.
I never made a payment of any sort after the account was closed. The account limit was 1000 and they had it at 1656 (penalties, etc. I'm sure) So - I've never made a payment or talked to any of the CAs for fear of validating it by mistake in talking to them.
You need to request validation from the CA. Disput ethe account again with the CRA showing there was never a payment made to the account.
Should I contact BoA first before I dispute with EX? What should I ask BoA to produce for validation? They're not going to be able to produce anything that shows activity on the account. The only thing I think they could point to is something in transfer of CAs. Can something like that hold up as 'validation'? If they can't produce anything that passes muster, how do I get them to remove it? Should I do an online dispute with EX or will I need to send it via mail? If I recall, they have a set group of reasons for dispute and I don't know what fits best for this. Thanks!
You probably will have to dispute 'other' and list your reason for dispute as, no payment made after 1999 or whenever your last payment was. I would dispute online and mail a copy in. BOA will probably not provide you with anything other than the CA's phone number. You'll need to provide the CA with a dispute and validation of debt letter. It could be that maybe you are reading the report incorrectly, it could be that the CA took over the file in 2003.
I am preparing a validation letter found in the Sample Letters section of the forum. In it, it asks for proof of "the alleged item, specifically the contract, note or other instrument bearing my signature." Should I ask for something different in this specific case? Should I ask them about a supposed late payment in 2003, or should I just be general and let them address the case as a whole?
Unlikely 7 years later they will have the contract to send to you. Leave the letter the way it is and make them prove it to you. If they send back the requested information and it doesn't add up to what your CR shows, then you need to ask for more specific information.
I'm still wrestling with this validation process (as you can tell from other posts). I've sent the letter and just received my confirmation receipt back. Now, they can do one of 3 things. They can not respond at all, they can send a bogus response that doesn't meet the requirements for proper Validation, or they can send correct Validation (not likely). If they are able to provide Validation, then I guess I have to 'drop back and punt' and pursue another angle, perhaps PFD. If they don't respond at all, I send the 2nd form letter as is. If they respond, but incorrectly, I'm assuming that I'll send the 2nd letter stating that they haven't provided sufficient proof and they're out of time. Should they send me something that is bogus and the 30 days have expired, should I send copies of everything to Experian and demand they remove it from their file, or will they defer to BoA?
Are you talking about a CRA and OC/CA. The CRA has 30 days to verify the dispute. A CA has as long as they want basically. They just have to cease collection, until the dispute is validated.
If the CA "verifies", leaving the information on your report when it is in error, even if they mark it in dispute, then they are reporting erroneous information, violating FCRA. If they don't verify, the CRA should remove it.
So then the 30 day and 15 day follow up letters under Validation are merely abitrary time steps in the march toward a lawsuit. In my case, BoA(Fleet) is reporting only to Experian that there was a late payment in Mar 2003. This is completely false. The account was closed in 1999 and I've not paid them anything since (we had a major dispute over the amount of the original balance). I disputed the account in Jan 2006 and EX 'verified' it with Fleet. They won't let me re-dispute it (online anyway) because it's already been 'verified'. Experian has verified false information and BoA (Fleet) has provided false information. How can I prove this and force them to remove it? This account dropped off of TU and EQ as it should have in June 2006.
the "30-day time-window" is for dealing with Collection Agencies under the FDCPA. How do you prove? It's your paperwork against theirs.
What do they have to provide to prove a late payment? Can I ask them for a copy of a check? If they can't provide it, then can I take it up with Experian to force them to take it off if BoA can't provide details of payment, or do I have to sue BoA to make them take it off? It's hard for me to offer proof that I didn't make a payment due to the fact that because I didn't, there's no paperwork or check to reference. It seems to me that they're burdened to prove that I did make a payment in Mar 2003 which would have reset the clock (Seems kinda weird trying to force a CA to prove you made a payment!).
I'd get an opinion from one of the legal heavyweights on this, but here's what it looks like to me. 1) Write them a nice, polite letter asking for information on your account so that you can reconcile your records. Of course, you'll need to know who to write to and where to send the letter. 2) Call up their customer service number seeking the same information (politeley) then ask them to send/fax you a copy of whatever they find. That may or may not work but what have you got to lose. If either of those work, then send a copy of that to the CRA and show them the error and ask them to correct it. If not, and the CRA won't do anything more, then, I can't think of any other options but to sue the CRA for their violation of the FCRA. But, like I said, I'd wait and see what the heavyweights say. I'm still pretty new at this.
Of course, you might think two-moves ahead. Causing the bank all this trouble might get them to take you to court over the debt. If the debt is out of SOL, that may or may not be a good thing for you but you might keep that in mind.
If I'm not mistaken, the SOL for lawsuits on unsecured credit card debt in North Carolina is 3 years. Regardless, not only has the SOL run out, the reporting limitation has also run out except that they've snuck in some contrived "late payment" in March of 2003 - and only with Experian, they've let it drop from TransUnion and Equifax. In that case, they can't take me to court to collect the debt, right? In any case, I have disputed the balance amount from day 1, which is kind of why I've got it on my report to begin with. It almost seems like Experian is in league with BoA. Should I sue them both?
If this is a BoA account, then you can go to any of the websites, and pull up an 800 number to call, the automated line will tell you the status, and "when the last payment was made". Since the BoA acquisition of MBNA, the BoA websites are also pulling up all the old accounts. There may be a website posting for this account. If so, BoA has the service of a "credit reporting reference letter", this is a summary of how BoA says it is reporting the account to the CRAs. You can also call the customer service lines and request this letter. Secure their "reference letter", and then you have evidence to support a dispute with Experian. This one is pretty cut and dry if you are certain you did not make the 2003 payment.
Actually, they could still attempt suit. When a debt is SOL for legal action and judgements, it is up to the DEFENDANT TO RAISE THE DEFENSE OF PAST SOL. Just because a debt is past SOL does not mean they a creditor cannot attempt legal recourse, and a judge does not have to "raise this defense" for you. You, the defendant must raise the defense of past SOL.
