01-28-2013 10:42 PM - edited 01-28-2013 11:12 PM
I have disputed a charged off item through Experian on several occasions. My last attempt resulted in the original creditor reporting inaccurate information to the credit bureau indicating that the charge off date was 08/2012, which has had a very negative impact on my credit score.
I disputed directly with the First Premier and this is the letter that I received from them. However, I have also attached my before and after dispute credit reports. I really need some help with the next step.
My thought is to send a letter for intent to sue, but I am not sure if I have missed some procedures. Any advise will be helpful.
PRE-DISPUTE DATED 02/01/2011
FIRST PREMIER BANK
601 S MINNESOTA AVE
SIOUX FALLS SD 57104
Partial account number a 2•.
Address identification number
Date opened May 2002
First reported Jun 2002
Date of status Dec 2008
Terms Nol reported
Monthlypayment Nol reported
Credit limit or original amount $300
High balance $513
Recent balance $513 as of Dec 2010
Status Account charged off. $512 written off $513 past due as of Dec 2010.
This account is scheduled to continue on record until Oct2013.
This item was verified and updated on Feb 2007.
POST-DISPUTE NOV 03, 2012
Date Opened May 2002
First reported Aug 2005
Date of status Aug 2012
Type Credit card
Terms Not reported
Monthlypayment Not reported
Credit limit or original amount $300
High balance $513
Recent balance $513 as of Aug 2012
Status Chapter 13 Bankruptcy Dismissed. $512 written off. $513past due as of Aug 2012.
This account is scheduled to continue on record until Jul 2015
This item was updated from our processing of your dispute in Aug 2012
Account History Chapter 13 Bankruptcy Dismissed on Aug 17, 2012.
I SENT A CERTIFIED LETTER TO FIRST PREMIER AND THIS IS THE RESPONSE I RECEIVED.
Thank you for contacting First PREMIER Bank regarding credit
card account ending in 7899.
Per the FCRA, the seven year period for reporting a delinquency begins 180 days after the date the account becomes delinquent
and never again becomes current. The delinquency date for this account is 07/2008. On 08/17/2012 we responded to a dispute you
submitted via the credit reporting agency verifying the account information, however that does not change your delinquency date
of 07/2008. The account charged off due to non-payment on 11/30/2008. Though we report the same information to all the
consumer reporting agencies, there may be slight differences on how the information appears since they have their own unique
fields, descriptions, etc. If you disagree with how your account is being reported, you can dispute the information directly with
a consumer reporting agency.
Additional questions can be directed to the Customer Service Department at 1-800-987-5521. Business hours are Monday-Friday
7:00 a.m. to 9:00 p.m. and Saturcay 8:00 a.m. to 4 :30 p.m. Central Time.
Customer Service Department
First PREMIER Bank
My questions to the Forum
Clearly, First Premier has changed the charge off date in my file because my Experian reports shows that my most recent deliquency was 4 months ago, when in fact it had been written off in 2008. I do believe that First Premier has re-aged my debt, true I owe it, but the charge-off date should be correctly indicated on my credit report.
Secondly, I am a bit confused if the debt has been written off, how can First Premier show that there is still a balance owed? I realize that I do owe the debt, although I dispute the actual amount. I attempt to address that in the letter that I sent to the company with no resolve.
Lastly, I have been disputed this item for about 2 years now, and I would like to move further with filing suit. Can someone help me with following the correct steps, so my lawsuit will not be thrown out.
I much appreciate any assistance.
01-28-2013 10:45 PM - edited 01-28-2013 11:13 PM
01-28-2013 11:33 PM
File a BBB complaint with the above information.
01-28-2013 11:43 PM
Thank you so much for your prompt response. I have filed a complaint with the BBB, Comptroller of the Currency of National Banks, and South Dakota Department of Labor and Regulations. I have received acknowledgments from each organization, so I am just waiting. I am trying to obtain a studen loan, by them reporting that I recently was deliquent, my scores don't qualify.
They have referred me back to the Credit Bureaus, but I was under the impression that I could directly dispute to the orginal creditor.
Again, Thanks so much for your response.
01-29-2013 01:26 AM - last edited on 01-29-2013 04:01 AM by LIGHTNIN
So much to cover..
#1 When a creditor has not received a payment for a period of 180 days, the creditor must then write that balance off meaning, they cannot report that as an asset or monies due on their books. They do however, still very much own the debt and can collect on it.
#2 It appears you suffered the same fate I did. FP charged off and never reported again for me. Then I frivilously dispured it , hoping it would magocally fall off. It didnt. They now mark it periodically to remind me its unpaid.
#3 Because FP doesnt often sell these debts, it makes them hard to remove and factors HEAVILY in your utilization.
After battling wirh these guys for so long, Im going to pay the 30% settlement or so and just take the "Settled after Chargeoff" mark because in all honesty, its not that much to settle but its KILLING me month in and month out. They work with people and bad credit so they know they have us by the "edit". I suggest you do the same. Bringing a civil suit will do nothing but bring you more expenses..
Please keep language G-rated, Thank You,Lightnin,myFICO moderator
01-29-2013 01:28 AM
01-29-2013 07:26 AM
I have received correspondence from an outside collection agency trying to collect the debt. Also, FP has listed this in a bankruptcy 8/2012. I haven't filed for bankruptcy. Everything about the update is incorrect. Additionally, I have disputed to actual charge off date bc it was changed from the first credit report to the second. See above.
However, thank you for all of your input. It is much appreciated.
01-29-2013 10:17 AM
I don't see anything reporting correctly on that account. The dates are changed, the amount is different, the BK is wrong. You have contacted them and tried to have this corrected. They are saying it's wrong. It's time to throw everything out the window, get yourself a consumer attorney and send an ITS notice. That will stop all that automated crap and have someone actually look at the thing.
01-29-2013 06:42 PM
The reason I suggested paying instead of an attorney is purely cost. To have an attorney draft a letter to First Premier is probably the same amount you are looking at in a settlement... Sorry for PG-13 Language earlier
01-29-2013 07:25 PM - edited 01-29-2013 07:26 PM
I'm having this exact same problem with 2 accounts on Equifax and 1 account on Experian. In both cases they charged off in 2008 and sold the debt and I settled with the CA's. One started reporting again every month from Jan - Nov in 2011. Each month they reported CO which basically created a ding for that account in that month. They did this on both EQ and EX. The other updated in Nov of 2012, same thing. That one is only on EQ and it's absolutely killing my score on EQ because it shows as a ding 4 months ago despite the fact that I've had a clean hiostory since 2008.
Mine are First National Bank and Cash Call. Cash Call is only on EQ and I have disputed it. Hoping that gets cleared up from the dispute. FNB I disputed on both EQ and EX but I also called them and they confirmed I should only have the CO on March of 2008. They had me fax a copy of my CR to them so they can figure out what is going on and correct it. I hope I don't have to try and get Cash Call to help correct theirs because based on what I've read they are almost impossible to deal with.