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Frequent Contributor
tomfromrictmame
Posts: 337
Registered: ‎06-23-2013
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Need assistance. Chase response to CFPB

On 11/20 I sent a Direct Dispute to Chase Card Services citing the provisions of FCRA §623(a)(8)(D) and detailing all of the inaccuracies across my 3 CR's.  I provided complete documentation.  On 12/2 I received their response where they state:

 

"We've confirmed that the information we've provided these agencies is correct".

 

On 12/12 I file a dispute with the CFPB citing the same thing, including all of the original details and also including the letter to me from the OC on 12/2.  Today I receive a response from the OC where they now confirm there are updates they will be sending to the CRA's.  How can they first claim it's all good, and then claim they need to update the CR's?

 

BTW, the updates they are providing do not "fix" the inaccuracies I have detailed.

Starting Score: EX 561, EQ 512, TU 522 Sept '12
Current Score: EX 698, EQ 712, TU 711

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guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: Need assistance. Chase response to CFPB

Without reading back, what were the inaccuracies and what are they correcting?

 

They figured you would take their word for it and not go through the CFPB.

Frequent Contributor
tomfromrictmame
Posts: 337
Registered: ‎06-23-2013
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Re: Need assistance. Chase response to CFPB

Basis for my dispute:

1. You reported and verified Date Closed as 05/2006 with Equifax while not verifying any Closed Date with Experian.  Further, you reported and verified Date of Last Payment as 07/2010 with Equifax.

2. You reported and verified Current Status as CHARGE-OFF with Equifax and verified Current Status as Paid in Settlement with Experian.

 

3. You reported and verified Comments: Account closed at consumers request with Equifax.  I never requested the account to be closed.

 

What they reported back today:

 

Explanation of closure 

Our records confirm the account is not currently reporting to your TransUnion credit file; however, Experian and Equifax are continuing to report the account.  We have investigated your claim that the account is not reporting accurately, and have submitted the following updates to your Equifax credit file:

•	Closure date of May 2006
•	150+ days past due in October 2009
Starting Score: EX 561, EQ 512, TU 522 Sept '12
Current Score: EX 698, EQ 712, TU 711

NFCU cashRewards Signature Visa $27K | NFCU LOC $15K | Lowes $15K | NASA Platinum Cash Rewards Visa $10K | Citi HHonors Signature Visa $8K | Overstock $6.8K | Care Credit $6.2K | AMEX Delta Skymiles $5.5K | Cap1 Quicksilver MC $5K | Barclay's USAir WMC $5K | Cap1 Quicksilver MC $3K | J Crew $2.4K |
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guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: Need assistance. Chase response to CFPB

Did you make a payment in 7/2010?

 

Current status will always be a CO but it should say paid or paid in settlement.  Does it say anywhere it is paid?

 

If you did not specifically ask for the account to be closed, they cannot say you did.

 

All of these updates should be done through e-Oscar automatically.  Nobody else in involved unless it is a deletion.  So I don't think they can try to blame it on the CRAs.

 

 

 

 

Frequent Contributor
tomfromrictmame
Posts: 337
Registered: ‎06-23-2013
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Re: Need assistance. Chase response to CFPB


guiness56 wrote:

Did you make a payment in 7/2010?

 

Current status will always be a CO but it should say paid or paid in settlement.  Does it say anywhere it is paid?

 

If you did not specifically ask for the account to be closed, they cannot say you did.

 

All of these updates should be done through e-Oscar automatically.  Nobody else in involved unless it is a deletion.  So I don't think they can try to blame it on the CRAs.

 

 

 

 


Yes, I didn't make a settlement payment in 2010.  That is reporting inconsistently.

 

Both Eq and EX state it was closed at my request, but I did not make that request.  I accepted a settlement.

Starting Score: EX 561, EQ 512, TU 522 Sept '12
Current Score: EX 698, EQ 712, TU 711

NFCU cashRewards Signature Visa $27K | NFCU LOC $15K | Lowes $15K | NASA Platinum Cash Rewards Visa $10K | Citi HHonors Signature Visa $8K | Overstock $6.8K | Care Credit $6.2K | AMEX Delta Skymiles $5.5K | Cap1 Quicksilver MC $5K | Barclay's USAir WMC $5K | Cap1 Quicksilver MC $3K | J Crew $2.4K |
Frequent Contributor
tomfromrictmame
Posts: 337
Registered: ‎06-23-2013
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Re: Need assistance. Chase response to CFPB


tomfromrictmame wrote:

On 11/20 I sent a Direct Dispute to Chase Card Services citing the provisions of FCRA §623(a)(8)(D) and detailing all of the inaccuracies across my 3 CR's.  I provided complete documentation.  On 12/2 I received their response where they state:

 

"We've confirmed that the information we've provided these agencies is correct".

 

On 12/12 I file a dispute with the CFPB citing the same thing, including all of the original details and also including the letter to me from the OC on 12/2.  Today I receive a response from the OC where they now confirm there are updates they will be sending to the CRA's.  How can they first claim it's all good, and then claim they need to update the CR's?

 

BTW, the updates they are providing do not "fix" the inaccuracies I have detailed.


The bottom line for me is how can the OC on 12/2 verify the accuracy of the reporting (in response to my Direct Dispute), and then on 12/20 acknowledge the inaccuracy of the reporting (in response to my CFPB).  Doesn't that put them in violation of FCRA §623(a)(1)(B) where it states the OC cannot furnish information relating to a consumer to any consumer reporting agency if (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate.

Starting Score: EX 561, EQ 512, TU 522 Sept '12
Current Score: EX 698, EQ 712, TU 711

NFCU cashRewards Signature Visa $27K | NFCU LOC $15K | Lowes $15K | NASA Platinum Cash Rewards Visa $10K | Citi HHonors Signature Visa $8K | Overstock $6.8K | Care Credit $6.2K | AMEX Delta Skymiles $5.5K | Cap1 Quicksilver MC $5K | Barclay's USAir WMC $5K | Cap1 Quicksilver MC $3K | J Crew $2.4K |
Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: Need assistance. Chase response to CFPB

IMO, it was verified with you because you are the consumer and they figured you didn't have much knowledge in the way it was reporting. 

 

When the CFPB got involved the OC didn't want to get in trouble.

 

It could also be that the person who got your dispute didn't know the ins and outs of correctly reporting and just said it was.

 

 

Mega Contributor
RobertEG
Posts: 17,682
Registered: ‎03-19-2007
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Re: Need assistance. Chase response to CFPB

As I view it, they have reconsidered their prior blanket verification, and decided to provide updates of certain information.

The implication that by updating they admit inaccuracy may be true, but it does not necessarily establish that their prior verification was knowingling inaccurate.

It may have been a less than thorough first investigation, but they have now agreed to correct.

Thus, I would not assert a violation of the FCRA on the basis that they knowingly falsified their prior verification.

 

As to whether or not what is remaining is accurate, they have verified it to be so.  It may not fix their reporting in the manner you consider to be accurate, but if they stand by their position, that concludes their obligation under the direct dispute process.

To get resolution as to the contested accuracy is beyond the scope of the dispute process, and in my opinion, not an issue for the CFPB unless you have support for asserting that their position is blatantly incorrect, and thus knowingly false.

 

The next step might require getting the evidence before a court who has authotity to review all the evidence of both parties, and make a binding determiantion as to accuracy or inaccuracy.

 

Frequent Contributor
tomfromrictmame
Posts: 337
Registered: ‎06-23-2013
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Re: Need assistance. Chase response to CFPB


RobertEG wrote:

As I view it, they have reconsidered their prior blanket verification, and decided to provide updates of certain information.

The implication that by updating they admit inaccuracy may be true, but it does not necessarily establish that their prior verification was knowingling inaccurate.

It may have been a less than thorough first investigation, but they have now agreed to correct.

Thus, I would not assert a violation of the FCRA on the basis that they knowingly falsified their prior verification.

 

As to whether or not what is remaining is accurate, they have verified it to be so.  It may not fix their reporting in the manner you consider to be accurate, but if they stand by their position, that concludes their obligation under the direct dispute process.

To get resolution as to the contested accuracy is beyond the scope of the dispute process, and in my opinion, not an issue for the CFPB unless you have support for asserting that their position is blatantly incorrect, and thus knowingly false.

 

The next step might require getting the evidence before a court who has authotity to review all the evidence of both parties, and make a binding determiantion as to accuracy or inaccuracy.

 


As always, thank you.  It is very disappointing the OC can be at the very least "sloppy" in fulfilling their obligations and our options, without significant time and perhaps costs, are somewhat limited.

 

I will take one more swing at the ball to see what I can do.

Starting Score: EX 561, EQ 512, TU 522 Sept '12
Current Score: EX 698, EQ 712, TU 711

NFCU cashRewards Signature Visa $27K | NFCU LOC $15K | Lowes $15K | NASA Platinum Cash Rewards Visa $10K | Citi HHonors Signature Visa $8K | Overstock $6.8K | Care Credit $6.2K | AMEX Delta Skymiles $5.5K | Cap1 Quicksilver MC $5K | Barclay's USAir WMC $5K | Cap1 Quicksilver MC $3K | J Crew $2.4K |
Valued Contributor
wHiTeSoL
Posts: 1,059
Registered: ‎07-09-2013
0

Re: Need assistance. Chase response to CFPB

Let me know if you have any success, I am in a simliar position with Capital One where I have 5 letters over 4 months stating "the results of our current invenstigiation is as follows: the account is reporting correctly" and a last letter stating they were in error before and will correct the information. Still makes my blood boil that it took me, the consumer, 6 letters to finally get them to fix something so blatantly false.


   3/12 $3500     6/12 $1200      10/12 $1500   12/12 $3400    6/13 $12000      7/13 $5000      7/13 $2500       8/13 $2000    8/13 $6000

  | CSP (AU) $12,000 | Amex PRG (AU) | United $6,000 | OCCU $12,000 | Ink Bold | GM $3,200 | DCU $7500 | Luthansa $9000 | SPG $6,000 | Citi AA Executive $11,000 | Ink Plus $5,000                                                                         | EX 2/7 697 | EQ 10/27 721 | TU 12/15 719 |


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