Different amount of late payments on all 3 reports

[niko79]

Hello Everyone!

Each of my 3 reports show different amount of late payments on the car loan I had. Do I have anything up my sleeve to try to get this removed early? The account has been closed for 3 years now and has on average of 25 late payments on each reports with the longest late of 60 days. I have since re-established the relationship with the company and have been doing great - no late payments for over 2 years now.

I wrote a goodwill letter to them a few days ago and am awaiting a response,  but in the meantime was wondering if that does not work out, what else would I be able to do based on the above circumstances?

Any help would be greatly appreciated.

The account will fall off at around the end of 2017 so EE is not possible at this time

[RobertEG]

 A creditor is not required to report all derogs, and not required to be consistent in reporting with each CRA.

The requirment is that whatever delinquencies they report must not knowingly be inaccurate.

Additionally, any inaccurate reporting is not itself basis to require deleiton of the information.

In any dispute, the furnisher of the information always has the opporunity to correct their reporting.  Deletion of disputed information is only required if they cannot verify its accuracy as reported or correct their reporting so as to overcome any inaccuracy.

When a consumer disputes inconsistent reporting between the CRAs, the outcome is oftern worse than their prior reporting.

They can update their reporting will all CRAs to then show each and every delinquency.

[niko79]

Thanks for your response.

Re: "not required to be consistent in reporting with each CRA." - are you serious??? Just making sure. 

So all in all, I am out of luck on this one ain't I?

[RobertEG]

Yes, I am sure.

Example:

You have an account that first reports a derog as a 90-late.

It is not possible to have a 90-late without first having had a 30 and 60-late.

The 90-late is accurate.

There is no inaccuracy in not having reported the 30 or 60 late.

There is no provision of the FCRA or any CRA policies that require any or all derogs to be reported to all CRAs.

In fact some creditors may only have credit reporting agreements with one or two CRAs, making lack of reporting to the third impossible.

[niko79]

OK, makes sense. Thanks for the explanation. 

I have to ask this again though; unless the goodwill letter works, I do not have any way of succesfully removing the inconsitencies from my credit report on this account or the account as a whole, is that correct?

[RobertEG]

If any item is inaccurate, you can dispute.

Being inconsist with reporting to another CRA or not having reported lower levels of delinquency does not equal being inaccurate.

[niko79]

Today I received a response to my goodwill letter with flat out REQUEST TO REMOVE DEROGATORY MARK DENIED written on top of the letter.

They claim they confirmed with all the CRAs that information is correct and has been reported accuratelly to the credit reporting agancies.

They also say, the company has an obligation to accuratelly reports my payment history to the credit reporting agancies. 

Obviously they are not reporting them correctly as I verified that what RobertEG stated in previous posts is not entirely accurate. The late payments for 60 days lates do not add up with 30 days lates on ANY of the 3 CRA. They are literally random!

So, am I any way closer to trying to dispute that in any way and even be able to have some chances of removal of that derogatory info? 

Should I sent another goodwill to Headquarters of Honda/Acura instead of local Honda office?

Any help would be appreciated.

[2b2rich]

Like Robert mentioned, there is nothing stating they must report everything about your account, only that what they do report, must be accurate.

You sort of roll the dice when you dispute it, but I can't say that I wouldn't have tried it.  I think to keep bringing it to someone's attention could result in a 30  added to the payment history as well.   

[RobertEG]

Any 60-late, by definition, must also have been 30 days late.

However, a creditor is not required to have reported the 30-late.  Absence of its reporting is not an inaccuracy.

It is not necessary that the numver of 60 lates be matched by the number of 30-lates.

If a creditor denies deletion of a late based on the assertion that their is a reqirement to accurstely report all derogs, that is simply a misstatement of the law.

The FCRA requires that any reporting they make cannot knowingly be inaccurate.  FCRA 623(a)(1).

There is no requirement that all delinquencies must be reported.

However, they need no reason to deny deletion.  The fact that their stated reason may not be true is not basis for compelling deletion.

Lack of deletion of accurate information is simply not disputable.

[niko79]

Thank you all for the responses. I guess I have to wait until it falls off the reports.