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How do I write the credit report people and dispute items?  

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currently right now, I have so many 'write offs/bad debts/charge offs'on my credit report, it ain't even funny. which has been another nightmare in itself. But after looking over my report, I noticed that the truck loan that I paid off last summer with no problems...was reported as 'was a chargeoff/paid'. All three of credit agencies has it that it was a paid charge off. NEWS TO ME!!!!!!!!! icon_evil.gif I NEVER missed a payment. I was late a few times and called and talked to them, they said everything was fine but never missed a payment. now they've reported it as a charge off??? I was so upset, cause as bad as my credit is, I was at least happy that my report showed that I paid my car loans off. now this isn't the case. The loan is paid and I have the title, what can I do? I can't believe that they reported this, its BS, I never missed a payment, also, I never even recieved anything that even suggested that it was going to go into a 'charge off'. Do I write the company that did the loan and reported this and try to get them to change it, or do I write the credit report people and dispute this? thanks in advance! shirley
 

asked May 5, 2005 11:28 AM

imkimssister
Best Answer
10
best answer

Send them a letter out lining their inaccurate information and demand for them to correct it ro provide proff of gthe entry they made.

As per the FCRA:

[quote]§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.


(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.



(B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if



(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and



(ii) the information is, in fact, inaccurate.



(C) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address.


(2) Duty to correct and update information. A person who


(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and



(B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.


(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

(4) Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.

(5) Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.

(b) Duties of furnishers of information upon notice of dispute.

(1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall


(A) conduct an investigation with respect to the disputed information;



(B) review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i];



(C) report the results of the investigation to the consumer reporting agency; and



(D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis.


(2) Deadline. A person shall complete all investigations, reviews, and reports required under paragraph (1) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) [§ 1681i] within which the consumer reporting agency is required to complete actions required by that section regarding that information.

(c) Limitation on liability. Sections 616 and 617 [§§ 1681n and 1681o] do not apply to any failure to comply with subsection (a), except as provided in section 621(c)(1)(B) [§ 1681s].

(d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section.[/quote]

Jerry

answered May 5, 2005 02:17 PM

7 Answers

0

Hi shirley

First of all, I will advice you to have your latest credit report once again to know that if there was any possible error of any miss in your payments. If that so, then you must be having your receipts of each and every payment that you made during that program. It will put you in a much stronger side if you have all the written copies of each and every transaction. After this, you can consult one local attorney in your state who can guide you what to be done next. I hope you your lawyer will be able to show you the right direction.

Roxette

answered May 5, 2005 01:38 PM

0

Wow, Jerry

See, you have all the written evidences. I think now Shirley will be much comfortable reading your post.

Roxette

answered May 5, 2005 02:53 PM

0

LOL..been doing a LOT of Boring reading of the fdcpa (Fair Debt Collection Practices Act), FCRA (Fair Credit Reporting Act), TILA (Truth In Lending Act), FBPA (Fair Business Practices Act) etc ...:P

My brain is on OVERLOAD trying to digst all this stuff in order to better arm myself as a Empowered Comsumer.

and answering questions like this helps me too as everytime I answer it adds it deeper in my memory :P

Jerry

answered May 5, 2005 02:57 PM

0

Jerry, doing this you are not only recapitulating your knowledge but also providing a lot of help to the people who are not informed. At least, they get to learn something they never knew. And definitely, the noble work never gets wasted.

Roxette

answered May 5, 2005 03:02 PM

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Yes Jerry,Thank you very much!!! I appreciate your knowledge and input! Shirley icon_surprised.gif

answered May 5, 2005 11:08 PM

Anonymous
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Hi shirley

If you further face any sort of problem, then please feel free to discuss it over here. icon_biggrin.gif We hope to do the best from our side

Thanks with regards
Roxette

answered May 6, 2005 01:17 PM

0


Quote:

Originally Posted by shirleybedford
currently right now, I have so many 'write offs/bad debts/charge offs'on my credit report, it ain't even funny. which has been another nightmare in itself. But after looking over my report, I noticed that the truck loan that I paid off last summer with no problems...was reported as 'was a chargeoff/paid'. All three of credit agencies has it that it was a paid charge off. NEWS TO ME!!!!!!!!! icon_evil.gif I NEVER missed a payment. I was late a few times and called and talked to them, they said everything was fine but never missed a payment. now they've reported it as a charge off??? I was so upset, cause as bad as my credit is, I was at least happy that my report showed that I paid my car loans off. now this isn't the case. The loan is paid and I have the title, what can I do? I can't believe that they reported this, its BS, I never missed a payment, also, I never even recieved anything that even suggested that it was going to go into a 'charge off'. Do I write the company that did the loan and reported this and try to get them to change it, or do I write the credit report people and dispute this? thanks in advance! shirley


First, you should obtain your credit report to identify when this alleged charge-off occurred. You should also check your credit report to see if there are any other mistakes made by other companies. Remember that these companies are not perfect and stories like these are not wholly uncommon.

Next, you should confront your creditor with the issue in dispute. Say that you checked your credit report and saw a error regarding your car loan that you paid off. Ask them to review their records to give the exact date that this alleged charge off occurred. Now, you can settle this quite easily if you have a receipt or record that shows that you successfully made all of your payments on time. For many of us it is hard to keep good records but if you do have this receipt, it would shorten the life of this ordeal. Maybe you used your checking account to pay off this bill. So hopefully you kept some record of this on-time payment.

And after you show them your evidence, you should ask them to correct their records and provide you with a statement that says all of your bills have been paid on-time. You should present this correction to the mistaken credit bureaus in order to dispute their records. If you have trouble doing it yourself, you may want to consult a third party such as an attorney who would be able to settle this case for you. But it is critical that you have a receipt or a record to prove your claim.

answered Jun 1, 2005 02:25 PM

1 

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