Going back to your original post, what has happened is that during your original dispute, the lates were deleted. The company didn't respond within 30 days so the lates were deleted. When the company updated by tape, the same info was there. You will NOT get rid of this by disputing with Equifax. The only way you will get rid of these is if you can prove the payments were not 30 days late. The creditor is bound by the FCRA as a furnisher of information. I would also suggest you find the law I suggested in an earlier post about payments being posted when the are received. You will have to attack the creditor on this. If it were me, I would try a goodwill letter. I know you stated they wouldn't help, but they certainly might if you contacted the right person. If the goodwill letter doesn't work, then start making a legal nuisance of yourself. Good luck. Gib
Right Gib: And this is where they get you. You weren't there when they got it were you? It's your word against theirs-Guess whoes word gets taken? Ever wonder why it works this way for credit cards while other business still go by the post mark date? The card companies got themselves exempted from the post mark requirment by this clause { that states a creditor must post a payment to an account the same day payment is received} in the consumer protection laws.
This not what I'm talking about or what happened to sandie511. What happened to them is the OC is falsely reporting them as being 30 days when in fact they weren't. Also they are reporting incorrect dates of payments. Would you be willing to accept the blame at the expense of your wallet and credit reports for this???? LB 59
Were things so crowded on your planet you had to leave lb? How does your species breathe with their heads so far up their rectal cavities? It is exactly what happened by her own words. You must save a fortune on proctology exams. Now I have also posted what I believe is information that she can use to get the lates removed. I would suggest she try searching the GLBA to find the information I suggested. If she can prove she made payments before the 30 days, fine. She will have no trouble getting the lates removed. As for you lb, I will not reply to you further. Gib
Sandie, Isn't a home equity loan covered under RESPA? I believe it is, I will double check. If so, they are required to post payments the day they are received. If not under RESPA, then the same would be true, under the FCBA. 28 days is not 30, nor is 29. Sassy
Sandie has some legitimate grounds to bitch up a storm. I'd recommend goodwill in those cases where there really is no "legal leg to stand on". These people are reporting INCORRECT INFO., I don't care whether it's on paper, verbal, in their tapes or via smoke signal, it's still wrong.
Needless to say, I now 'mail' my payment way in advance. sandie511 you can get late marks on this too Happened to me twice in a row with Bank One. What the CCCs do is get you on a conflict of payment timing and call it paying late. I don't call this a system.It's entrapment screwing the customers. What angers this person is their credit is being trashed for something that is not correct. Right And this is where they get you. You weren't there when they got it were you? It's your word against theirs-Guess whoes word gets taken? Ever wonder why it works this way for credit cards while other business still go by the post mark date? The card companies got themselves exempted from the post mark requirment by this clause { that states a creditor must post a payment to an account the same day payment is received} in the consumer protection laws. This is not what I'm talking about or what happened to sandie511. What happened to them is the OC is falsely reporting them as being 30 days late when in fact they weren't. Also they are reporting incorrect dates of payments. Would you be willing to accept the blame at the expense of your wallet and credit reports for this???? *********************************************************************************** What was said above that justifies the comment below??????????????? *********************************************************************************** Were things so crowded on your planet you had to leave ? How does your species breathe with their heads so far up their rectal cavities? It is exactly what happened by her own words. You must save a fortune on proctology exams.
Sandie, I'm not sure if this makes a difference, but I can tell you that there are a lot of CCC out there that will consider you 30 days "late" even if by one day of the due date. It happened to me last July. I saw a 30 day late on my credit report from July for this CC. I checked my online statements. The payment was DUE on 7/10/01. I mailed it 7/5/01. They then reported me 30 days late. I called them and raised holy hell with them and the CSR said they didn't receive the payment until 7/13/01. I was furious! He said, even ONE DAY past the DUE date, it will be marked 30 days! Not sure if that's your situation, but I was told this is perfectly legal, fair or not. mysti_summer
A pmt. is NOT 30 days late unless received on or beyond the 31st day FROM THE DUE DATE. Further, a pmt. cannot be reported as being 30 or more days late unless it's 30 OR MORE DAYS LATE! It's truly that simple.
There is no beating trying to beat the system here. Bottom line is that she was not 30+ days late! Sirrowan
Butch Your'e correct. That's what I've been saying all along but There are those who don't have the ability to grasp such things. Strange how people who can't comprehend something makes the information supplier the idiot. Must make them feel better about themselves by blaming others for their own short comings
Whatever guys. Sandie, I would definitely go with the Goodwill letter. Here's a link: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=125035#post125035 It's based upon an earlier letter originated by marci which she intended for paid chargeoffs here: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=59322#post59322 The Goodwill letter I posted is intended for accounts which have a few isolated minor glitches like 30-day lates but which don't have a very negative account history (like chargeoffs or very late pays, etc.). Here are a few testimonial links from those who have had success with the Goodwill letter: 1. I used the Goodwill letter successfully with Sears, Citibank, Chase, and Radio Shack. 2. Betacredit used it successfully with two department store cards. 3. JCancel saw success with GMAC. 4. Schweb succeeded with MBNA. 5. javan posted a note about several successes with Sears, MBNA, and Bank of America. 6. helpwanted posted a terrific modification of the Goodwill letter which he used with success with a student loan provider. 7. Here's a link with multiple Goodwill letter testimonials. Note that this link includes both successes (from lmckenzie, kozman, Andrew, Gillian, Kinetix, rblues, schweb) and failures (from some of the same people with different creditors, as well as otheres), so it may be especially useful. 8. One link with Goodwill letter testimonials from both Baday and tracyb0313. Hopefully something here will help your situation. Doc
LB...I was told this by the CCC. Is it legal and can they do this?? Thanks for your insight mysti_summer
These academic arguments related to who was right and who was wrong are boring even to me -- and I'm a boring academic. Anyway, I had just one more thing about the Goodwill technique. A couple of months ago, rblues authored a wonderful post here that is really a must-read for anyone considering sending Goodwill letters. Here's that link: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=198374 Psych "Professor Boring" Doc
Greg Fisher To prove your case, did you mail copies of the receipts to the credit reporting agency? No I did not. I just called Equifax as soon as I got off the phone with the bank, and explained to him what the bank told me. She said it did not matter when I brought the payment to the bank. It gets mailed to their main office and that is when it gets applied to my account and there was nothing she could do about it. I don't know how Equifax disputed with the bank, but I received my letter a few weeks later ( in April) and I thought that was it. This trade line was not updated again with Equifax until 8/2002 and that is when the lates were put back on. Sidenote: TU shows this tradeline as paid as agreed from day one, and it is updated every month.
Gib- I've got to agree with her here. If she was 30 days late then report it as 30 days late, but 27 days isn't late. If she was trying to beat the system she would have cried to get out of the late fees she had to pay after 15 days. I'm not saying it's a habit we should all get into, but she has a valid point.
I do have to agree with Gib here. If you know that the payment is in fact due on the first of the month and you pay it after the 28th or 29th is another you should not consider that an on time payment. I am sure that if I gave someone a loan and got paid back 28+ days after it was due I would not like it either. If you are doing credit repair you should know that the FIRST step is to get your ass in gear and get your finances together. Sure, I have made many mistakes in the past...none of which I would do today. In short paying a bill on the 28th that was due on the 1st is not responsible. Getting a 30 day late when paying on the 2nd is one thing....paying on the 28th or 29th is another. BTW- have you checked to see if there was 31 days in the months prior to the month that you made the payment on the 29th? If so your payment was in fact 30 days late...
