shizman

I'm not sure what it was before, but after the OC (BofA) deleted the account history I called Experian for the FDofD and they gave me the same date as the settlement date. The fall-off date has always been 2014, 7 years after the settlement date - but I never looked at what the date was before I settled. I've done multiple 623 letters and a Nutcase, but BofA only responded to complaints filed to Federal Agencies. From everything I've read, it seems I'm in the right and the fall off date should be calculated from my 1st delinquency prior to the charge off, but it baffles me why BofA would respond to a Federal Agency with a completely wrong reading of the law.

So I have an account which was charged off in 2005, and then settled in 2007 which is reporting "Settled in full for less than full balance". After numerous disputes with the CRA, OC, and Federal Agencies, the OC deleted the payment history and replied to a dispute made to the OCC that "the account was settled in 2007 and as such will continue to report for 7-10 years from that date". Now I just wanted to make sure I was in the right before suing, but I think the FCRA only states that negative accounts should report 7 years from the First Date of Delinquency that PRECEDED the charge-off. I don't think it says anything about settled accounts, although I'm assuming it doesn't make a difference in terms of reporting - even if the settled account has been given a new account number. Now the letter I have from the OC stating that the account will continue to report 7-10 years from the date it was settled was copied to the OCC. Would they do that if they were making such an erroneous application of the law, and wouldn't the OCC call them on it? I just want to make sure that the report time for SETTLED accounts is no different than any other negative account - ie. First Date of Delinquency and NOT the settlement date. Thanks in advance!

You know, I have the exact same problem with a BofA Charge-off and Ex. It's off Eq/Tu and stuck on Ex until 2014 when it should be aging off this year. The response I received to my direct disputes and complaints to gov agencies was that the account was reporting correctly - which of course is not the case. So yeah, even though it seems it might be Ex playing games, it could be the OC. The letter from BofA is my ace in the hole though, because I'm filing against them in Federal Court next week because of this - so I agree with everyone else when they say "Paper Trail, Paper Trail, Paper Trail!". You'd be surprised at how the OC will give you the ultimate evidence to use against them.

If they reage, couldn't you sue them for it?

I just got FP to delete from all CRAs by forwarding evidence (letters) of them verifying incorrect histories to the South Dakota Division of Banking. Got very fast results after that (but I also fowarded them more than a year's worth of letters between me, the CRAs, and FP). If you have written evidence of them verifying.misreporting/ignoring 623 letters definitely file a complaint with the SD Division of Banking.

Credit Application: Your Age? 29 Your Equifax Credit Score? FICO 678 Your Experian Credit Score? FAKKO 633 Your TransUnion Credit Score? FICO 698 How many years have you been on file with Equifax? 12 How many years have you been on file with Experian? 12 How many years have you been on file with TransUnion? 12 YOUR PREVIOUS AUTOMOTIVE CREDIT HISTORY Do you have an open auto loan? NO Will this open auto loan be a trade-in? N/A How many late pays within the last 12 months on the currently open loan? N/A How many late pays within the last 13-24 months on the currently open loan? N/A Your current open auto loan is financed with? N/A Your current open auto loan payment is? N/A Estimated amount you may be upside down in this vehicle? N/A Rate your payment history on this open auto loan from 1-10 (1=poor:10=Best) N/A YOUR REVOLVING CREDIT HISTORY Total number of revolving account(s) you have? 3 Total percentage utilized overall? 15% How many of your revolving accounts are store cards? 1 How many of your revolving accounts are major credit cards? (i.e. Amex, MC, Visa) 2 How many of your revolving accounts are known subprime credit cards (i.e. Aspire, 1st Premier) 0 YOUR PERSONAL INFORMATION How long at your current residence? 28 years Do you Rent or have a Mortgage, or Live w/Relative or Other? Live at home Your Monthly Rent or Mortgage payment? $0 How long have you held your current job? 7 years Your total provable monthly gross income is? $3,300 Your provable monthly gross income is provable via what method? (i.e. computerized paycheck stub, or tax return, or bank statements) Computerized pay-stub Is there additional monthly income? What amount monthly? $0 Describe the source. N/A Is the additional monthly income provable? N/A Spousal income is not applicable. YOUR DOWNPAYMENT Please tell me your exact down payment in cash? (rebates and trade equity are not considered, please input a dollar value only.) $10,000 Does any credit repository contain any Public Record? NO If yes, please very briefly describe. Does any credit repository contain any Collection Account(s)? NO If yes, please very briefly describe. Please rate your overall creditworthiness on a scale of 1-10 (1=poor, 10= best) 6 Please rate your Installment credit history on a scale of 1-10 (1=poor, 10=best) 8 Please rate your Revolving credit history on a scale of 1-10 (1=poor, 10=best) 4 New or Used vehicle you are considering: Please very briefly describe. Hoping to buy a used Infiniti FX35, 2007 model and up. Looks to be about $35-$40k for one.

Ok, so I've taken out any reference to case law in my letter, since they should know the FCRA requirements. I'm leaving it very simple, just explaining the differences in the late payment dates between the different CRAs. The problem is that the 30, 60, 90, Charge Off dates are different on Experian and Equifax (TransUnion has the TL but doesn't show the dates), so obviously there is inaccurate information on either Experian or Equifax, maybe both. I disputed with the CRA's in September and they came back verified, so my next step is a 623 to First Premier. Going by everyone else's experiences they'll either ignore it or send something inadequate back, at which point I was planning on sending a much more strongly worded 623 letter and/or BBB/FTC/AG complaint. My only question is how much detail to go into when describing the different dates. Should I leave it specific in showing on a chart how each Late is being reported by each CRA, or should I just say that the lates are inaccurate? As far as I've understood so far, the 623 dispute has to be specific which is why I described how they were reporting on each CR. Also, the reason I was including copies of the First Premier entries in my CRs (with all irrelevant data blacked out) was because of section 8(d)(iii) of 623: "includes all supporting documentation required by the furnisher to substantiate the basis of the dispute." But maybe I don't need to worry about that section too much. Also, another thought I had was to not quote sections of the law in my letter (god forbid they say I'm working with a Credit Repair Agency) but state at the end of the letter that I am well aware of the requirements of 623 and what response is required of them. It might convey just the right amount of strength without sounding like a canned letter. Thoughts? And thanks for the feedback. I think we're all in this together

This is the 623 letter I plan on sending to First Premier after they verified my CRA disputes. Any changes I should make? 10/12/09 First Premier Bank 3820 N Louise Ave Sioux Falls, SD 57107-0145 RE: Account # XXXXXXXXXXXXXXXXXXXX  Dear First Premier,   You are inaccurately and incompletely furnishing information regarding the above-referenced account to the CRA's in violation of the reporting requirements of the FCRA, Section 623, Responsibilities of Furnishers of Information, and for which you are responsible.   I have disputed the following Dates of Late Payment with the Experian and Equifax Credit Reporting Agencies, and they have returned verified, even though they are obviously inaccurate because they are different for each Credit Reporting Agency. I dispute these dates in their entirety and request evidentiary documentation that substantiates the information you have furnished and its reporting.  Equifax Dates: Experian Dates: 4/2006 - 30 days late 5/2006 - 30 days late 5/2006 - 60 days late 6/2006 - 60 days late 6/2006 - 90 days late 7/2006 - 90 days late 7/2006 - Charge Off 8/2006 - Charge Off 8/2006 - Charge Off 9/2006 - Charge Off Attached are copies of my Credit Reports as supporting documentation for you to substantiate the basis of my dispute. Should you not be able or willing to provide me with the substantiating documentation as verification to cure these violations, within the next 30 days, please have the information deleted from each of the CRA's you initially furnished them to.  Nelson v Chase Manhattan, 2002 provides a cause of action for individuals against furnishers of information.   Sincerely  Â

So I had a BofA TL on all 3 Credit Reports for a delinquent account that I settled and paid off a few years ago. Some of the information was different between the CRs but specifically the Date of Removal on TransUnion was 11/09 while on Experian and Equifax it's listed as 3/2014. I was able to successfully dispute the TL on TransUnion as obsolete and it dropped off. My question is, can I dispute directly with the OC (BofA) that because the TL on TransUnion had a Date of Removal of 11/2009 and was removed, the other TL's should be updated with the same Date of Removal? Unfortunately I'm working off of online reports (I know, I should have gotten the printed ones through the mail) and TransUnion did not show a DOFD, just a Date of Removal so I don't know what the DOFD is, though I suppose I could calculate back from the Date of Deletion. Would a better idea be to dispute the DOFD with the remaining 2 CRAs and if/when they verify it, go to the OC? Can I even use the fact that TransUnion deleted the TL for being obsolete as a reason to have the other ones deleted? Thanks in advance guys. If there's one thing I've learned from reading this board, it's that I'll never know it all