My wife had a problem with Peir 1 about 14 months ago when they sent the bill to the wrong (old) address, and therefore didn't get a timely payment. It ended up reporting as a 30 days late. We disputed, and pier one promptly reported it as "paid as agreed" to all 3 CRAs, and faxed us a note to this effect. Now, this late keeps resurfacing randomly on all 3 CRAs. We're sick of correcting this...what advice to you have on getting it to STAY off? Is there any particular peir1 department to contact or FCRA right to excercise? TIA, Dave
Here is the section of the FCRA that relates to your question: § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] B) Requirements relating to reinsertion of previously deleted material. (i) Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate. (ii) Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. (iii) Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion (I) a statement that the disputed information has been reinserted; (II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and (III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information. (C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(i)). Are you getting letters from the CRAs telling you the items have been reinserted? Has Pier 1 certified that the reinserted items are correct and complete? I would write a letter to the CRAs telling them that if they don't get those lates off IMMEDIATELY and keep them off, you will be filing suit against them for their many violations of the FCRA.
herauntsis, thanks for the post! Very helpful. I wonder if the best people to harass first are at Pier 1 or the CRAs...?
I would harrass the CRAs. You have several violations (documented, I hope) that you can hold over them.
Hi DaveH, Your probelm is mostly with Peir1. At the bottom of all UDF's the following line is present. "When you submit this form, you certify that the information is accurate. You also certify that your automated and/or manual records have been adjusted to reflect any changes made" If the nitwits at Peir1 requested a change in status to CRA, but then forgot (or were too lazy) to make the adjustment in their internal records system, (called a "manual adjustment") then every time they make their monthly report to the CRA it re-appears. My advice, call them at their credit dept. and tell them your problem. Also tell them that if they fail to, IMMEDIATELY if not sooner, make this manual adjustment YOU WILL SUE THEM. After you call them be sure to write out the conversation and send it CRRR. BTW - Yes the CRA is in violation too but going straight to the DF is the fastest resolution. Keep us posted.
Well I agree the problem lies with Pier1. And I agree they should call. But I don't think you need to be quite so strong with the initial call. Hold off on the threats till you get their response. Also, once they agree to fix their reporting method, you may want to resend the UDF to the cra's with a note asking them to "cloak" the late info so it doesn't keep reapppearing.