01-23-2013 01:31 PM
Hello. I need some advice on the following situation:
I had a CC payment due on Nov. 12th. I overlooked it, and tried to make an emergency payment on Dec. 7th using my bank's Bill Pay feature. I didn't realize, however, that this feature would send a physical check to the CC company for the payment. My bank said the payment should have arrived by Dec. 13th, at the latest. But, because my CC company moved to a different address, they didn't receive the check until after Dec.13th and the payment wasn't posted to my CC account until Dec. 19th. Consequently, I received a 30-day late on my CR.
I tried sending GW letters to 2 loan officers at the CC company I have dealt with in the past, but both of them said that it was illegal to erroneously change true information on my CR.
My question is: should I keep sending GW letters to the CC company or do I have a legitimate dispute to make with the CRAs? Thank you for any help you provide.
01-23-2013 01:34 PM
I would move up the chain w/GW. Don't think you have a real reason to dispute. Devil's advocate argument: yes, your bank screwed up but if you had paid by the due date it wouldn't have been over 30 days late.
01-23-2013 01:34 PM
Dispute first, then GW. in my opinion
01-23-2013 01:41 PM
In my opinion, the FCRA dispute process is not the best way to address your issue.
You have a billing issue, which is fodder for a dispute under the FCBA.
Unlike disputes under the FCRA, which require no supporting documentation for the verification of accuracy of their reporting, the FCBA billing dispute process requires the production of documentation. It addresses the factual issues.
01-25-2013 12:33 PM
I would like to thank all who replied to my post for their responses.
I am going to send another GW letter next week. In the meantime, I'm going to try to learn more about the FCBA and work on building a case to get this derogatory information removed from my report. Outside of defaulted student loans which I'm currently rehabbing and a collection account which I just sent a PFD letter for, this 30-day late is the only negative account I have on my CR; that's why I want to get it removed so badly.
01-25-2013 12:50 PM
The fact that the creditor moved would, in my opinion, be basis for challenging their date of posting of the payment.
That is a billing issue that is prime fodder for dispute under the Fair Credit Billing Act (FCBA), which for many reasons has more clout than pursuit of a dispute under the FCRA.
I would pursue that route, which addresses the real issue.
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