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FCRA Violation: Pay status shows "30 days late", but no payment history

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Anonymous
Not applicable

FCRA Violation: Pay status shows "30 days late", but no payment history

I have two accounts with Home Loans Services (HLS) for a home that I sold in 2005. The accounts are completely paid off, however, they were late a handful of times. I disputed the accounts and they removed the entire payment history. This tells me that they no longer have that information in their files, so they could not verify it. The problem is that the PAY STATUS field shows "30 DAYS LATE" or "PAYS 30-59 DAYS" depending on where it is pulled from. Here's the FCRA catch: that negative mark must be removed after 7 1/2 years, but with no payment history listed there's no way of knowing when it occurred. Basically, they are reporting that I was late, but not WHEN I was late. In my mind, this makes the information INCOMPLETE.

 

My problem is not with HLS, but with Equifax, so I disputed and noted this exact information. They verified, so I called them up to argue with them. A supervisor finally told me that it is their internal policy to not remove something unless the data furnisher instructs them to or fails to respond to a dispute. This is a clear violation of the FCRA which states: 

 

If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall–(i) promptly delete that item of information from the file of the consumer,or modify that item of information, as appropriate, based on the results of the reinvestigation;

 

Notice the word INCOMPLETE. I explained all of this very clearly to them over the phone, but they would not budge. I am going to send a certified letter to their corporate office.

 

Does anyone have any info or opinions on this? Am I correct in thinking that this information is incomplete if they are saying I was late but can't tell me WHEN?

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2 REPLIES 2
chasmith
Valued Contributor

Re: FCRA Violation: Pay status shows "30 days late", but no payment history

Send a Method of Verification letter to the CRA, CMRRR.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
Current Score: 11/06/2013 EQ 708 11/06/2013 EX 702 11/16/2013 702 11/06/2013 TU 729
Goal Score: EQ 740 EX 740 TU 740
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Message 2 of 3
Anonymous
Not applicable

Re: FCRA Violation: Pay status shows "30 days late", but no payment history

Can you explain how this will help?

 

I'm pretty sure they just asked (through e-Oscar) HLS if it was right and HLS said it was. Here's the thing: it IS actually accurate information. It's just not COMPLETE information.

Message 3 of 3
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