Requested validation from WFNNB regarding a department store CC. They responded with we were unable to retrieve your original application blah blah blah but we're not removing it. What do I do now?
WFNNB is an OC handling CC accounts for various retail stores. FDCPA does not apply to an OC. Are they reporting directly, or is a CA reporting? You could still go after them under FCRA for reporting erroneously. If the account is opened fraudulently (id theft), you could also demand removal under FACTA. Did you open an account? What are they reporting erroneously?
They have it listed as open and to my knowledge it's actually closed by them. It also shows my credit limit as $0 which if it's open is kinda weird. It was opened by me.
Is there anything negative listed in the TL? Was there an unpaid balance that was charged off when it was closed?
Are the lates accurate? For example, if it is reporting "30 days late" in a particular month was it in fact 30 or more days late that month?
Re: Re: Weird response to validation I sent Yes the lates could be considered inaccurate. one report shows sept late and the other two show oct late.
Re: Re: Weird response to validation I sent Do your statements for those months (or the following months) show posted payments over 30 days late after the due date? Based on your statements, and checking account posting dates, can you show that there are no lates of 30 days or more past due dates?
Re: Re: Weird response to validation I sent Send them a formal "dispute" and be specific. Here's a sample letter... July 15, 2002 VIA FACSIMILE and MAIL OC Name here Address Re: Incorrect credit reporting of Account XXXX To whom it may concern: I am hereby disputing your credit reporting of account # XXXX, specifically the â??balanceâ?, â??past dueâ? amount, â??most owedâ?, and ALL dates reported. Please delete this account listing from my credit file. As per Fair Isaac, EACH date and balance, whether reported or not, factors into my credit scores. Please delete this account from my credit file and fax/mail evidence of deletion to XXX-XXX-XXXX by (date 2 weeks from date of letter) Sincerely, Wait 30 days and then dispute w/ CRA. Be prepared to sue OC and CRA if continued to report erroneously.
Re: Re: Weird response to validation I sent Although there is a discrepancy between the months reported late on the different reports, was the account 30 days late around Sept or Oct? If they research it, is the number of lates and their approximate timing likely to stay the same? If push comes to shove, what do your check records show? What other credit history do you have? Is this your oldest account? Sometimes getting a TL removed entirely, even if it contains a late, can lower your FICO more than leaving it on. Was this an account that was being handled by WFNNB at the time of the "late", or was it an account being handled by FCNB, later bought by WFNNB? FCNB had a number of reports of failing to post payments in a timely manner when received, collecting illegitimate late fees.
