Interesting story but need help. I call my credit union to add my wife to my account. They place me on hold for a few minutes. They come back and advise "What are you doing about the balance you owe us?" Referring to their records, they advise I owe them $1000+. I tell them as per their attorney, that was paid over 3 years ago. After another few minutes, they confirm. I noted that my records were kept highly accurate and advised someone held onto the last check for 6 mos before it cleared my acct. So, for 3 years it's been listed on my CR with a charge-off balance. I asked them if they were going to correct my report, and their response was "when you sent a dispute to the CRAs we will correct". I am thinking this cannot be correct procedure. Following their instructions, however, I dispute in Jan, but as "never late". All 3 CRA's come back as 'verified' nearly 30 days later. I know the CRA's investigated b/c I had several other unrelated disputes that were addressed. Meanwhile, I have applied for mortgages and all have said I need to take care of this CO first to qualify for FHA. They have violated, but what to do now?
You don't have to dispute with the CRAs, as they "advised" you, and as you saw, it just delayed fixing the problem. You can also dispute directly with them, and they have an obligation to investigate and correct in a timely manner. Since they have now "verified" with the CRA when following their advise, and since they clearly knew the information was erroneous when you contacted them earlier, use that to accellerate their efforts to correct their error. Put you demand both in writing, and complain directly to your branch manager, and if someone gives you BS about what YOU have to do to correct THEIR error, document in writing to all parties, and demand again. Don't stop until you have a letter from them to you saying they will correct the error, a copy of their UDP to the CRA directing them to correct, and corrected credit reports in your hand.
Can you use the recent case of Linda Kay Johnson vs MBNA in your letter to the credit union? Your case sounds so much similar to hers ..... You got denied for mortgage ... there are your damages .... you stated that the mortgage company told you you can't get loan until this erroneous CO is taken care of ... you can threaten suit and state that you have a high likelihood of winning as that case shows ....
It's been sitting on TU and EXP for a long time, causing my credit scores to drop dramatically as well. At this point I want to go for having the horrible CO tradeline removed altogether. I gave them TWO chances to remove the incorrect data. They were quite taken by surpirse once I told them the debt was paid 3 yrs ago. You would think these idiots would inquire themselves with the attorney's office as to the status. That's what is really strange. Do I also have a legal case against the attorney's office for not properly forwarding the updated info to the credit union, which for lack of communication (3 years!) prompted the furnishing of incorrect data to the CRA's in the first place?
Depends on whatcha wanna do Beavis. If you want to practice your legal prowess then yes, you should include the atty., even if only for discovery. It's the ONLY way you'll get the truth. But if you want this problem fixed, dispute it with the CRA's. Puts em on a 30 day time frame. And opens the door to legal action if necessary. .
Already done that (as per above)....and the CU verified. Legal action may be needed once I gave them 2 chances....
