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Regular Contributor
Posts: 217
Registered: ‎04-17-2007
0

Experian and Dell Financial

Okay - I called Dell a few weeks ago to check on the status of a GW letter I wrote in April for a charged-off account that was only reporting on .  They had no record whatsoever of my account in their system.  I then disputed the account as "Not Mine" with EX, and received the results of their investigation last night.  The account remains on my report, but it's been shifted to "Accounts in Good Standing," even though it still shows late pay history from 2001 (60 DL in Jul '01, 90 DL in Aug '01, 120 DL in Sept '01, 150 DL in Oct '01, Charge off in Jan '02). 
 
But when I called Dell again this morning, they said my account doesn't exist in their system anymore, and they could not confirm the validity of it.  When I contacted EX, they said that if I could provide them a letter from Dell that says they have no record of an account with my name or SSN, they would have to delete it.  But didn't you contact them directly, I asked.  No, they consulted a database which includes the old Dell account.
 
This account is now in Good Standing and will drop off in April '08.  Should I just let sleeping dogs lie, and avoid excess stress and research work to try to get this off of my report?
Regular Contributor
Posts: 217
Registered: ‎04-17-2007
0

Re: Experian and Dell Financial

BTW, the same thing happened with a Bank of America/MBNA account (scheduled to be removed in Feb '09) - B of A had no record of the account, but EX confimed it.  I sent a GW letter to B of A, and am still waiting on the results.
Frequent Contributor
Posts: 440
Registered: ‎06-11-2007
0

Re: Experian and Dell Financial

If the account can not be verified, the CRA's have to delete it. I had a similar experience....kind of. I was disputing a balance that was being reported incorrect....they came back after the dispute and said that the balances were being reported correctly. The account was paid in full....and still showed a large balance. I called the CRA myself, and they are doing another investigation.
 
Although they moved it to good standing, it still is showing your lates. I know it's old, and I know that the older the lates are, the less they affect your score, but to this day , the last time I had a late was 2003, and that late is still showing up as derogatary behaivor on my reports. Do I make since???
 
I would fight to get that removed!!!!!!!!!
Frequent Contributor
Posts: 313
Registered: ‎04-01-2007
0

Re: Experian and Dell Financial

How about a MOV letter?
 
 

When a CRA won't do it's job by investigating and correcting or deleting inaccurate info, MOV is available to you.

 

With MOV, you might have to actually sue the CRA, or at least threaten it. They don't seem to freely comply with this area of the law. FCRA § 611(a)(6) and (7). 15 USC 1681i
http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=15&sec=1681i

 

1. Dispute with the CRA. Since you might have to sue or threaten it, a CMRRR dispute is best so there's proof you can show to a judge. If you have any written records disproving the inaccurate reporting, include them.

 

2. If verified, with a copy of the investigation results in hand (either mailed copy of the investigation report or printed copy of your online investigation report), call the CRA.

 

3. Give them the reference number and ask for method of verification under FCRA Section 611(a)(7). They might play dumb. Paper copies of EX and EQ contain a statement of your rights for MOV, at least in Washington state. You might point that out to them. YMMV.

 

Statement from EQ paper report- "To request the credit reporting agency to provide you with a description of the procedure used to determine the accuracy and completeness of the information disputed, including the name, business address, and telephone number of the person or business contacted during the reinvestigation"

 

Statement from EX paper report - "The federal Fair Credit Reporting Act states that you may request a description of how we verified the information, including the business name and address contacted and the telephone number if reasonably available"

 

4. The CRA will likely have never called the OC. They generally rely upon a third party database to verify. They may or may not admit this to you. Ask for the name, address and phone number of anyone contacted.

 

5. Call the OC and ask them about their records. If the person you speak with at the OC cannot doesn't have any records to support the inaccurate reporting, get their name and direct line. You might have to ask for a supervisor and get their name. Frontline phone reps are often "ghosts" known only by a first name. If they claim to have records, demand a copy of them under FACTA.

 

6. If you are sent records, review them and see whether they support the CRA's reporting. If they don't support the reporting, proceed to the next step.

 

7. If the OC has no records, or inconclusive records that don't support the inaccurate reporting, call the CRA and tell them the OC has no records to support their reporting. Tell the CRA you want a new dispute. The new info for the dispute is the name and number of the person at the OC with whom you spoke.

 

8. If they refuse to open a dispute, tell them you will sue for willful non-compliance under FCRA § 616. If they still refuse, send the information via CMRRR along with an ITS letter.

 

9. If they open a dispute over the phone, get the new confirmation number. Write down the confirmation number, the time & date of your call, and the name of the rep at the CRA with whom you spoke. They might also be a "ghost" and you might have to ask for a supervisor to get a name.

 

10. Once the investigation is complete, if the inaccurate info remains, then send an ITS letter to the CRA. Give 'em 10 days, then either file suit yourself in small claims or contact a consumer lawyer and see about filing in federal court. naca.net or myfaircredit.com are two good sources of consumer lawyers for debt and credit issues.
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