Ontime Payments-Report Wrong!

Discussion in 'Credit Talk' started by samitra, Aug 22, 2001.

  1. samitra

    samitra Active Member


    I am still trying to straighten up my credit history. I had one success with Capital One dropping all derogatory against me. One failure JC Pennys updated report from R5 to R9 since I disputed that they had me as 180 days late/current when it was already paid off. So under the advice of JC Pennys rep, I have written to ask them to consider putting status back to a R5 since I made all on-time payments and was told that I would have an R5 after I went through CCCS by the JP Pennys collection agent. I was never told it was a charged-off. She said they probably would change the status.

    The real problem is with FCNB reporting me as late in account history. They never re-aged my account when I went with CCCS. So I have a history that looks like this with Experian 180 days as of 3-99
    150 days as of 12-1998 to 2-1999, 10-1998
    120 days as of 11-1998, 9-1998; 90 days as of 8-1998. Status: Paid/Current was past due 180 days.
    All those days I made my payments through CCCS has agreed with FCNB since 1/98. I was only 30 days late when I started with CCCS. I paid off the account in May of 1999. Gee, I hate to think about it but if I owed more money on this account then I did..I might have 360 days late payments.

    I have tried to correct this before. I have ask my CCCS rep several times to ask them to re-age the account. Back in November 2000, they said if CCCS would fax them a statement saying I never paid late they would clear my record and here it is August 2001. No corrections made.

    The other day I talk to customer service and she told me I was late in 1-2-3/1999 (Equifax report with R5), which I told her was wrong. She told me to dispute it with their department. Today I called and customer service said that their was a block on my account because of CCCS and could not discuss the account with me. I told her I not even a client of CCCS since June. She said it did not matter.

    What steps do I need to take to resolve this matter. They won't even talk with me. I have ask for a copy of the faxed letter that stated I was never late with payments. My CCCS rep will try to talk to them again, to find out what the problem.

    Maybe this is a small thing and it won't make that big of difference on my FICO scores but it is the principle. I paid on time and I should have my account history reflect that. It would take FCNB out of the negative part of Experian into the positive.

    If he can't resolve this, which he thinks it won't be resolve, what steps do I need to take? What type of letter do I need to write to them?

    I have drafted a letter stating it is because of their lack of re-aging my account that makes it late. That I have documentation from CCCS about my payments. I have their statements showing I paid on-time as agreed with CCCS but stating I was always behind on the top part of the statement because of the lack of re-aging. I told them that if they did not correct my account history with Equifax and Experian, that I was reporting them to FTC. I have included CCCS address, phone, fax and account number and counselor's name and phone as they requested.

    Thank you for your help.

  2. breeze

    breeze Well-Known Member

    Just a great explanation of all the reasons not to use CCCS!!

    Try out the search feature while you're waiting for responses. A lot of this is covered in previous posts. But folks will answer!

  3. samitra

    samitra Active Member


    At the time, I was so far behind in debt, that I couldn't make the minimum payments. I am to blame for not contacting creditors sooner, thinking that creditors are against you and would not work with you. Maybe if I headed the situation straight on back in 1997, I would not be in this mess. But I have learned my lesson.

    The book I have "The Guerrilla guide to Credit Repair" has the demand letter #2 telling the CRA or creditors to correct the problem or I would take stronger measures like reporting them to the FTC. This sounds like a good letter to me. I just want so more clarification.

    Looking on this search engine for the type of letter to send is very hard for me. I have to hunt through unteem postings to find the right one. It is very frustrating (especially when you have CFIDS/ME). Do you know how frustrating it is when you have brain fog and have to have someone repeat a phone number so sloooow (like maybe 5-10 times) so you write it down right. Well, that it what I have to deal with trying to find the right type of letter and then understanding it.

    Thank you for your posting. I am sure others will respond or point me to that correct thread.

    Have a Good Day!

  4. breeze

    breeze Well-Known Member

    Well, I believe it CCCS's fault. It is a common occurrence!! I would immediately file a complaint against CCCS with BBB in your area. Hopefully that will get them off their duff. Just ell them what you to us, and send a copy of your letter stating you paid on time. I would also file complaint about FCNB for not working with CCCS, and the CRA on general principles. Then wait and see what happens. There have been lawsuits over stuff like this with CCCS. It is an oft-told story.

    You could also send a similar complaint to you state's consumer affairs dept - whatever they call it, and the FTC. Let all of them know you are complaining on all fronts.

    Sorry to hear you have CFS. I have a friend who has to deal with that. My guess is you have a battle ahead. Is there someone there who will help you?

  5. Marie

    Marie Well-Known Member

    BBB will have no effect. Go to your state's atty general and ask who regulates.

    In Ga... the office of consumer affairs is THE hammer. They have full civil and criminal enforcement abilities.

    they can actually get you a check for violations.
  6. samitra

    samitra Active Member

    Thank you for your responses. I usually get an email letting me know you guys responded. Maybe I did and accidentally deleted it.

    I have talked with CCCS. My counselor acts like this is a hopeless battle or not worth fighting for. But he contacted the main office and they sent me a copy of the fax that was sent to FCNB back in Nov 2000. All the ledgers and account information is at the main office and my counselor told me to work with his supervisor who is over CCCS.

    I sent the letter priority certified. I explain to them what was on both CRAs and why it was wrong. I told them it was their fault for not re-aging my account when I started with CCCS. I sent them a copy of the fax about on time payments with CCCS and a copy of a statement from FCNB from 3/99 where supposedly I am 180 days late. I pointed out that there were no late fees, no collection threats, no mention of being 180 days late, no catch-up payments.. just my payments as usual from CCCS. So how could I been 180 days late?

    I told them that because they did not re-age my account as agreed, they hurt my credit from 1998 to the present and if they did not correct my account immediately, I would take all my account information from CCCS and every one of their statements from the beginning of 1998-5/99 when I finished paying them off, and report them to the FTC.

    As far as the CCCS is concern, I will wait to see if this clears up the matter. If it doesn't, then I will think about pressing the matter of state atty to get them to move on my behalf. This should have been straightened up three years ago. I will print out your responses so I can remember what you said.

    Breeze, thank you for your concern about my CFS. I have a great boyfriend that helps me out a lot. I just finished going through 2nd social security review. Yuck! But I was approved to continue benefits.

    Thank you,
  7. Hal

    Hal Well-Known Member

    Bunni I can give you some insight into this. I was employed by a credit counseling agency for several years.

    CCCS is very likely sending your payments in a timely manner. Two problems generally occur at the creditor with regard to credit counseling programs.

    One - In my entire time working with creditors while performing this job, I never recall a single creditor with more than 5 representatives working in their credit counseling section. These representatives not only process loads of paperwork from each credit counseling agency daily, they also monitor and post the payments in most cases. Your CCCS payment is actually sent directly to an address for these representatives and not the normal payment address. This very often caused delays in posting of payments and the creditor simply doesn't care. Especially if the creditor has agreed to waive late/overlimit fees etc. In their opinion, as you are not paying a late fee and your account does not go overlimit - when the payment posts shouldn't be an issue. The credit reporting is handled by their main computer system and as far as the system is concerned no payment was posted by the date required so it reports a late to the CRA. As far as the creditor is concerned - they are of the opinion that Credit Counseling Programs are considered a negative on your credit profile - so it shouldn't matter about the lates. Many WILL update the report to read Paid in full Zero balance when you complete payment on the debt - however - you need to fight about the lates - most remove this reporting eventually.

    Second - This scenario depends on the individual creditor - Some creditors will report late or "not paying as agreed" if your payment is less than the amount that would normally be required under your cardholder agreement. The agreement to lower your payments, interest, eliminate fees etc. in their eyes is a handshake agreement. Contractually the cardholder agreement is the only valid agreement - as the cardholder agreement may have specified a minimum payment as a percentage of your balance and they are lowering that payment due to credit counseling - they feel justified in negative reporting.

    Finally, during peak seasons, such as the holidays many creditors reassign the majority of their credit counseling staff to other duties - such as reviewing accounts to approve new or increased credit lines etc.

    This often causes accounts to fall "behind" despite the fact the payment is there.

    Suggestions: Ask CCCS to provide you with copies of the payment instruments for all payments on this account - even electronic transfers can be traced witha paper trail. Send this as evidence the payments were not late.

    Don't give up - you can beat them on this.

Share This Page