Capital One Late payment incorrect reporting help....

[Anonymous]

Hey Guys,

So I have some 2-2 1/2 year old lates from an old Capital One card. At the time I basically had no knowledge of credit, bureaus or how they report....

Here's basically the jist of it. This was my first personal card, and I DID make a mistake of missing ONE monthly payment, because I was dealing with some personal issues etc at the time. It's not that I didn't have the $$ but I honestly just forgot about it, or didnt pay it the attention they deserve.

Sometime right after or right around the following statement cut. I got a "courtesy call" from Capital One - some rep basically advised me that my payment was past due and would I be willing to make the payment over the phone. I agreed to this and made the payment - I believe the amount was $124. We also agreed to setup auto pay for the min amount due from the same checking account to avoid future instances of late payments. The whole conversation was pleasant and polite and I was apologetic for forgetting it, and the rep reassured me that it happens all the time and it wasn't a big deal.

Now here's where it gets complicated:

Here is my reporting for that account on my CRA's: - This is STRAIGHT off my TU report.

4/2013 - Balance $1,914     Scheduled Payment: $77      Amount Paid: $124     Past Due: 0

5/2013 - Balance $1,969     Scheduled Payment: $77      Amount Paid: $124     Past Due $130 - Reported as 30 days late.

6/2013 - Balance $2,027     Scheduled Payment: $80      Amount Paid: $124     Past Due $207 - Reported as 60 days late.

7/2013-  Balance $2,065     Scheduled Payment: $61      Amount Paid: $124     Past Due $287 - Reported as 90 days late.

8/2013-  Balance $2,106     Scheduled Payment: $64      Amount Paid: $124     Past Due $348 - Reported as 120 days late.

9/2013 - Balance: 0 - Account closed by consumer.

I had no further communication with Capital One between the original call in late April / Early May When I WAS genuinely late and August, where I got a much more agressive collection call stating I was 120 days late on my card and that they were going to "send me to collections etc" if I didn't make my payment immediately. I was shocked, and pissed, advised the rep that I had auto pay and paid on time. She argumentatively said that that's not what her system showed, and that I had to pay my bill or it would go to collections. After a somewhat heated conversation I turned around, frustrated and said what is it going to take to get you out of my life?? I actually paid the account balance off IN FULL that day. And closed the account by virtue of some hubris stating that I didn't want to deal with you since you are incompetent in getting your facts straight etc.... I didn't think much of it, because in my mind it was paid and I "hadn't been sent to collections YET".

Fast forward to now and my new found knoweldge of credit etc.

I saw this on my CRA's and was like **bleep**... So I disputed with the CRA's and apparently Capital One came back with NEW information. They somehow changed it to 6/2013 - 30 days late, 7/2013 - 60 days late 9/2013 - 120 days late, and the CRA's closed the dispute. There was also an addtional disclaimer on the acct that the consumer disagrees or something like that.

This is the ONLY negative I have on my Credit reports left.

What can I do to get this right??

Ironically in the last 3 months I have Opened a platinum card that started with a 3k SL and then got a CLI to $5k and got PC'd to Venture One...

A $5k SL Quicksilver, and a $20k SL Venture with Capital One. The ONLY lender to bring up the Capital One late payment history was Chase when trying to recon an Freedom App after getting Slate the month before.

Even stranger, when I login to my Capital One accounts, once the Venture was approved the OLD card (the one discussed above) suddenly dissappeared from my online account. Before it sat there showing closed.

HELP... I want to get these lates off my report!!!

Thanks in advance,

George

[RobertEG]

Somethng does not jive.

If you brought the account back into pays as agreed, good-standing after the ortignal, accurate delinquency occured in Aplril/May, then even if the auto-pay did not kick in, a new chain of delinquency would have begun with the May/June billing, which could not have become a reportable 30-late untill at least 30 days after the billing due date set in their billing statement.  That would not have been until July/August, so the reproting of a 90/120 late in July/August would not be psssible if the accoutn was returned to good-standing in April/May.

Additionally, by "Scheduled Payment," is that at least as much as the min payment set in their billing statement? 

If so, and their reporting shows you paid at least the minimum when the acvcount was back in good-standing, I am at a loss to see any reortable lates.

[Anonymous]

Short version.  Get proof from your bank if you can - statements.

If it came back verified by the CRA's, and you have copies of the 2 different credit reports, continuned incorrect reporting after DV and Disputing is a violation of the FDCPA...

am i right?

[Anonymous]

I believe that the Scheduled payment was the minimum due. 

Somehow the payment (amount paid) is listed as $124 monthly. 

ONLY TU has the detailed infomation - amounts, payments etc.... EX and EQ simply show the 30, 60, 90, and 120 lates. 

I do not have any of the paper statements from back then. I am sure I shredded them at some point due to the fact that the account was closed and paid in full, and I thought that that was the end of them. 

AFTER the dispute - or should I say when the dispute came back, they listed Capital one as having provided "new information" and the 30, 60, 90, 120 progresison went to instead to a 30, 60, 90, paid in full closed by consumer. 

I may be able to get a digital copy of the checking account statements - I don't know how long bank of america provides back statements on their site. 

Why would capital one delete this account from my online profile after opening 3 accts with them? 

Should I attempt to contact someone at capital one and fax / mail them a copy of the TU report showing their own inaccurate reporting? 

Should I try to Goodwill letter this with an attached documented explanation? Or should I RE dispute with the CRA's??

Thanks in advance,

George

[RobertEG]

You might also, if you need additional supporting factual info that only they might have, look into filing a dispute under the FCBA rather than the FCRA.

FCBA disputes relate to any billing-related matter on a revolving account, and the process does provide for required disclosures by the creditor, which is not a requirment under the FCRA dispute process.

However, FCBA disputes have timeliness requirements for disputes based on when the billing issue occured or when you became aware of the disputed issue.

I would check out the FTC home page for a discussion of possible applciation of hte FCBA dispute process.

[Anonymous]

What was the limit ont the account?

I have feeling the disappearance was simply coincidental to the venture account opening, as the old account would have been two years old at the end of august. Two years is generally when old accounts are cleared out of the active system and sent to long term record storage by most banks.

[Anonymous]

As per TU the limit on the account was $2200. 

I had charged around 1700 but the interest added up to the rest of it. 

Take care,

George

[Anonymous]

Well then that leaves out overlimit fees being the reason for the issue. Keep at them, ask them to pull the records from storage.