GMAC adding a disputed and removed account back worse than original

[Anonymous]

I disputed a GMAC that had been reaged to make it appear on my report longer. Equifax removed the account after they adjusted the dates and cleared the missed payment info causing my score to go up to 837. Several days later a got an alert saying my score was down 151 points and it looks like GMAC added it back with even worse info. How do I resolve this? Just dispute again, and if so how do I keep them from adding it back after Eq removes?

Thanks,

Chad

686 EQ

825 TU

815 EX

[Anonymous]

A couple of details. On the removal my score went up 129 points. So the difference was 22 points.

[Anonymous]

Is the current info correct?

[RobertEG]

The issue is not simply one of their having updated the information it is one of whether what they are now reporing is inaccurate.

Yes, updating a DOFD with knowledge of its inaccuracy in order to extend its exclusion period is a serious violation, but one must show such knowledge in order to establish intentional violation.

Reinsertion of previsously delted information is restricted under the FCRA if the deletion resulted from a prior dispute.

In such cases, they can reinsert, but their proposed update must include a pre-certification of the accuracy of the new reporting.  The CRA cannot reinsert if the reporting lacks the pre-certification of accuracy, and if the CRA does reinsert, it must send writtent notice to the consumer withn 5 days after their reinsertion.

If the CRA did not send you specific notice of the reinsertion, then it was not in compliance with the reinsertion requirment.

I presume the CRA did not send you notice of the reinsertion?

[Anonymous]

No its definately intentionaly reaged. The correct date of 1st delinq should be far enough back to remove the record they just let Equifax remove it (as I guess they didn't have any evidence to support their date). Then they readded it with an even later first date and added a year or so worth of 90 day lates for the past 12 months.TU handled this properly. They removed it within 2 days of my dispute and its stayed gone. EQ seems a lot more scummy. They waited the full 31 days to remove then let the lender change it back anyways without any notice several days later. They did not send me any notice although they have 4 more days I guess. If EQ does remove again will freezing my credit report prevent GMAC from messing with my file or is there some other process?

[RobertEG]

You can send a formal complaint to the CFPB for their lack of written notice to you informing of the reinsertion, but that is secondary.

You now have new reporting that you assert is inaccurate.

You should file a new dispute of its accuracy.  You need to do that first in order to pursue any issue of intentional misreporting.

A consumer can only pursue their own action for lack of compliance with the reasonable investigation requirment of a dispute. 

A consumer cannot directly pursue legal action that asserts a vioation of the FCRA for reporting of knowingly inaccurate information.

You can also file a complaint with the CFPB asserting knowingly false reporting, but you cannot directly bring your own civil action on that basis 

The FCRA reserves that right to governmental agencies.  The CFPB rarely inititiates civil action on behalf of a single consumer.

Perhpas you can get their attention, but meanwhile, you would need to get their results of their investigation of a dispute as a biasis for any civil aciton my might decide to pursue on your own.

[Anonymous]

GMAC has updated an account I had with them incorrectly also but I'm too scared to mess with it because I'm in the underwriting process. If this was deleted in February like it should have been I'd be in the 700 club! And now hearing your story about EQ I'm Leary of trying to dispute. Good luck!

[Anonymous]

So I redisuputed and filed a complaint with the CFPB. The CFPB just sent me a response

Company responded 

Equifax said:
Explanation of closure

Equifax has reviewed your complaint and its records regarding your dispute. The GMAC account xxxxx has been deleted from the credit file. Written confirmation has been mailed to you on 4/7/16.

Relief

Equifax advised the consumer that the disputed account has been deleted  

Equfax sent me a credit report that shows it deleted and I saw my score go up 153 points to 839 on 4/5 (reflecting the deletion). Then on 4/6 it seems the account is added back as it drops back down 153 points. So at this point it seems I can dispute and Equifax removes for one day after a 30 day investigation but GMAC immediately adds it back the next day. I guess I'll follow up with the CFPB and see if they can help but at this point disputes with Equifax atleast seem worthless as they do not prevent the account from being immediately reposted.

Chad

[Anonymous]

I just got an alert from myFICO a couple of minutes ago now my score is back up to 838 again. So I'm not sure whats going on.

[RobertEG]

Deletion of information as a result of a dispute is never per se final or absolute.

The FCRA clearly provides for reinsertion if the reporting party provdes a certification of accuracy of the information along with their proposed reinsertion.

Thus, each case of reinsertion stands on its own set of facts. 

The simple fact that they reinserted after a dispute is not basis for showing a violation on their part.

If the prior dispute was decided based on a finding of lack of verification of the DOFD, then they can provide what they now certify as an accurate DOFD.

If the consumer disagrees, then that issue requires resolution.