01-29-2013 11:10 PM
Can someone please elaborate what does this mean? I disputed for my husband some student loans that we believe are passed the 7.5 yr mark w/experian and this is the response we get.
Account previously in dispute - investigation complete, reported by data furnisher
What data furnisher? How do I handle this? Do I request that experian provide us with more information. Please help!
Thank you for the help!!!
01-29-2013 11:22 PM
01-29-2013 11:39 PM - edited 01-29-2013 11:45 PM
The data furnisher is the party who reported the information to the CRA that you dispute the accuracy of their reporting. It means the dispute was referred to the furnisher, they replied, and the dispute was concluded. You should have received a Notice of Results of Reinvestigation from the CRA, which is the official document that concludes the dispute and reports their results.
As for using disputes to challenge the continued inclusion of information still in your CR beyond its exclusion period, the exclusion of informtion based on expiration of its CR exclusion period is not an issue of accuracy of reporting by a furnisher. Furnishers dont report exclusion dates. Their sole responsibility is to report the date of occurence of the item that controls its exclusion, such as the date of a delinquency, or the date of first delinquency. The burden is then upon the CRA to calculate the exclusion date and ceasei inclusion of that item in your CR after that date. The proper procedure is to file a complaint with the CRA for their violation of section 605(a).
A dispute of accuracy of reporting would be appropriate only if you challenge the reporting by the furnisher.
If your dispute related to failure to exlcude information, I dont see how the furnisher was involved unless the CRA checked with them to confirm the date of whatever adverse item you disputed. They are not required to have done that. As suggested, you can request the CRA to describe the method and procedure of their reinvestigatin by filing a so-called Method of Verification request under the provisions of FCRA 611(a)(7).
As for sudent loans, what is the adverse reporting made that you feel has passed its CR exclusion date? Monthly delinquencies, a charge-off?
Student loans that are government secured or guaranteed have their own exclusion dates set in the HIgher Education Act, and are not covered under the normal 7 year period set in FCRA 605(a). If the loan was government secured or guaranteed, you need to consult the CR exclusion periods set in that Act.
See the footnote provided under FCRA 605(a) for citation of the specific sections.