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NFCU refuses to remove derogatory


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Hi,

 

Long story short - I had NFCU credit card that was closed in 2019 after a fraudulent charge I'd reported. They sent me a new card, but in the process of this they turned off my auto pay, I wasnt using the card at the time and they marked the account as 60 days late over a $20 balance that was in dispute. The funds were available but their system canceled the autopay and they made no attempt to contact me before closing the account and marking as a derogatory. $20 balance on a 5 year old $25k credit line. I called them recently and they were less than helpful, so I disputed with bureaus and filed CFPB complaint. Almost 60 days with no response to CFPB. What is next step for me?

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Are you alleging that they did not send the three statements in question? 

 

Sounds like the dispute was denied and you had three billing cycles...the first statement would have been followed by a second statement that, at that moment in time, reflected only the internal late, as you were not 30+ until the second cycle had concluded.  And THEN, a third statement was apparently ignored.  I seriously doubt that they chose to violate federal billing regulations just to see you have a derogatory item on your credit reports...

 

In your letter to Navy, did you properly express that you had some shared culpability?  If not, why not?  Phone calls do nothing to preserve your rights in a billing dispute, so we KNOW you had to have written to them...

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Do you still have the written confirmation that the investigation into the fraudulent charge had been resolved in your favor?

 

I've only done this a handful of times, but each time I've received a notice via USPS confirming the outcome.

 

 

 

 

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5 hours ago, centex said:

Are you alleging that they did not send the three statements in question? 

 

Sounds like the dispute was denied and you had three billing cycles...the first statement would have been followed by a second statement that, at that moment in time, reflected only the internal late, as you were not 30+ until the second cycle had concluded.  And THEN, a third statement was apparently ignored.  I seriously doubt that they chose to violate federal billing regulations just to see you have a derogatory item on your credit reports...

 

In your letter to Navy, did you properly express that you had some shared culpability?  If not, why not?  Phone calls do nothing to preserve your rights in a billing dispute, so we KNOW you had to have written to them...

Like I said, the only charge on the statement was a fraudulent charge that was disputed and the account was set up to automatically pay in full any balance. When they changed the card number it canceled the auto payment for the disputed amount that would have been paid by default, and as the account was un used and set up to autopay, I did not check the digital statements that I'm sure they'd emailed to me. The fault lies in their canceling my autopay and refusing to remove the derogatory Marks that occurred when they did so without informing me.

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4 hours ago, Jask09 said:

Like I said, the only charge on the statement was a fraudulent charge that was disputed and the account was set up to automatically pay in full any balance. When they changed the card number it canceled the auto payment for the disputed amount that would have been paid by default, and as the account was un used and set up to autopay, I did not check the digital statements that I'm sure they'd emailed to me. The fault lies in their canceling my autopay and refusing to remove the derogatory Marks that occurred when they did so without informing me.

HOW did you file the dispute?  Did you do so in a manner consistent with the Cardholder Agreement?  Again, every issuer I have ever had since the mid-80's makes it very clear that phone calls do not preserve your rights. 

 

I don't do autopay, but on the few accounts where I looked at the paperwork, it was made clear that a new card number would require setting up the auto-pay again.  Even if your auto-pay Agreement lacked that language, it STILL boggles the mind that you were not at least periodically checking all of your accounts.  You are NOT an innocent party here.  Looking the other way does not relieve you of an obligation to be on top of your financial well-being...

 

Lastly, if you are now sure that statements were emailed but ignored, then what else could have been emailed and ignored?  You would do FAR better approaching them hat in hand and admitting your shortcomings in this...but that ship may well have sailed after a copious dose of vinegar was dumped.

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I'll add that scrupulous review of monthly account statements is the first line of defense to ensuring that your credit reports stay clean.  In the event that a creditor declares your account to be delinquent, a statement to that effect gives you ample opportunity to investigate and remedy the situation before the account goes 30 days late and the credit bureaus are first notified of an adverse account status.

 

This is why, to the apparent disappointment of my lenders and at the sacrifice of a few trees, I continue to insist on mailed statements from all of my creditors.  Emailed statements tend not to stand out from the clutter and I know I'd be apt to overlook one or more each month.  The physical mail delivery each day gets immediate attention from me (or attention as soon as I return home from a trip) and I make sure to review each account related mail piece to ensure that everything is copacetic.

 

 

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When you borrow, the onus of proper repayment is on the borrower and never the lender. You may have not have intended to fail to pay your monthly statements, but through an error of omission, you did. 

Always check your statements weekly. Never assume that auto-payment means that you can be 'hands-off'. Unmanaged money will find a way to either disappear or cause havoc.

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5 hours ago, insolent1 said:

When you borrow, the onus of proper repayment is on the borrower and never the lender. You may have not have intended to fail to pay your monthly statements, but through an error of omission, you did. 

Always check your statements weekly. Never assume that auto-payment means that you can be 'hands-off'. Unmanaged money will find a way to either disappear or cause havoc.

 

Good advice. I also check my checking account to determine just when/if the debit took place. That way I'm fully armed if I have to make a call to the credit card company. 

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I can tell you that IF they made a mistake and you can prove it AND talk to the right person after 3-6 months of trying, you may find a positive outcome.


or

 

You somehow find an issue during the dispute process and use it for leverage.


Otherwise, it’s a hard no. Not impossible, just highly unlikely otherwise.

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You arent entitled to them deleting the information because its actually YOUR fault, not theirs.  If you go to them demanding, citing legal stuff, then it can backfire on you too.

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