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@Kreewrote:
@elpo9wrote:Third, as mentioned, they DID have my correct mailing address but failed to apply it to all the accounts for some reason.
I have this problem with Capital One all of the time. I have a Line of Credit with them that has never updated addresses when I inform them of an address change. The LOC does not have a seperate login, it is viewable through my checking accounts login. both checkin accounts update when I update through that login.
Now my CC, is a seperate login, and I do need to update that address seperately. This is known to me, as different account as different. The question is for your three accounts, did they have a single login where you updated the address, or seperate logins where you did not update them all seperately?
Hmm, what a bummer! Thanks for the thoughts...
In my case, all three accounts are accessible from the same login/same portal. So there's no reason that one account should have a different address from the others. And as an extension, there's no reason Cap1 should NOT have reported the incorrect address on my reports (i.e., the incorrect address where they mailed for 2 of 3 accounts was/is not listed on ANY of my 3 reports).
@RobertEGwrote:Complaints regarding billing errors on credit cards are subject to the formal dispute process under the Fair Credit Billing Act.
Have you considered filing a dispute under the FCBA?
I'm now considering it since I realized of the address mis-match between the 3 accounts and the credit bureau reporting. Is there a template or resource for submitting such a complaint?? I'd be interested in having the lates removed or otherwise updated from their communication failure. As an aside, and as I've send, yes I own-up to these debts; but, both their a) failure to continue auto-pay and b) failures to update their files caused a large portion (if not all) of this mess. It was just one day upon login--bam!--all three charged off without notice.
Besides my AMEX, I regularly use my debit card and have many ACH transfers (such as other auto-pays), so it can be difficult to track without a fine-tooth comb. Again, not an excuse, though I had faith in their auto-pay program. And I would have expected letters and calls on all 3 accounts rather than just the 1 with the current mailing address.
@elpo9wrote:First, I asked for advice on recourse--not lectures. Please bear this in mind since lectures neither help the situation nor do they address the request at hand. I'd genuinely appreciate genuine replies, and a simple statment of "I don't think that'll work because (X)--based on experience" is fine. We all know how payments work, and nobody enjoys a beating while they're already down.
Second, yes obviously I received phone calls. Those were several months ago when the accounts originally became late (time of my illness), and that is when I setup the aforementioned payment plans that were supposed to be monthly and automatic. Other companies have successfully enrolled me in automatic monthly payments without any issue--from car loans to insurance payments. It would make sense that Cap1's "automatic" payment program would work the same, but alas this is not the question at hand--a path for recourse is.
Third, as mentioned, they DID have my correct mailing address but failed to apply it to all the accounts for some reason. They only used it for 1 of 3. I'm not aware of a feature in Cap1's web portal to designate separate mailing addresses per card. This is clearly their failure to communicate and failure to maintain accurate records (yet bureau reporting requires they report accurate information on my credit). Come to think of it, the addresses on file with the bureaus don't even match what their records had! I check reports at least monthly. That's another error on their end.
I'll admit that I don't regularly review my checking account statements for irregularities (partly because I keep general watch at least weekly via online portal and moreso since nearly all my accounts are on automatic payments) which I now see is necessary, though this still seems like Cap1's failure to maintain accurate interal records (and external, in terms of address reported to bureaus) vis-à-vis mailing address.
The only reason you are getting lectures is your lack of accountability in this thread. You continue to refuse to accept responsibility for not following through with making sure your payments were going through. Blaming Cap1 is not going to help you at all.
As for solid advice... https://www.wikihow.com/Balance-a-Checkbook
Credtiors are required under federal regulations to charge delinquent debts to profit and loss once they meet certain time of delinquency criterion that support the conclusion that the debt is unlikely to be paid.
Those regulations do not include any requirement for prior notice to the consumer.
The purpose of the charge-off is to protect other current or potential investors from inflated statements of net assets by including accounts receivable debt that is not likely to be paid. It is not an accounting measure that involves any concurrence from the debtor.
No statute can mandate human accuracy.
To that end, the requirement under FCRA 623(a)(1) is that reporting cannot knowingly be inaccurate, and not that reporting becomes a violation simply due to an inaccuracy.
The FCRA provides a dispute process to handle inaccurate reporting.
You notify the CRA of the asserted inaccuracy, and the CRA investigates and corrects any agreed inaccuracy.
Finding an inaccuracy is not basis for then requiring deletion of other information, such as an inaccurate address being basis for deletion of a reported charge-off. Any dispute applies to correction or deletion only of the specific information that is subject of the dispute, and does not impose any requriment to delete other accurate reporting.