Ok been at this for a while, how to handle this....

[notmyj]

Well I have been working quickly and diligently on getting my credit repaired, as evident by my scores below, but not sure how to handle this next issue... On all three reports there is a TL from WFNNB with a poor payment history, that was charged off over 5 years ago. I disputed this with the CRA's and they all came back as "verified". I disputed directly with the OC and received a letter back from WFNNB stating in part "...WFNNB has no record of this credit account." Can I file another dispute with the CRA's and include the letter that I received as a way to get this removed? Should I send them a letter demanding thy they delete the TL as the OC has stated in writing that they have no record of this account and include a copy of the letter? Or what other options do I have right now?

[LIGHTNIN]

I maybe wrong, so recheck this but I thought if the OC can not verify that they must delete from your CR's.

I'm sure one of the wiser ones will come along soon. I'll check back with you,Lightnin

[RobertEG]

What the OC is requried to do in response to a direct dispute with them is specified in FCRA 623(a)(8)(E).

They have partially complied by completing their investigtion, and reporting the results back to you, as requried under FCRA 623(a)(8)(E)(iii)

But what the OC has failed to do is to additionally comply with the requirements of FCRA 623(a)(8)(E)(iv), which reqires them, if they find the disputed information to have been inaccurate, to promptly provide the CRA with an update of the information to make it acurate.

So therein lies the rub.  They coyly did not actually say the information was "inaccurate," they said they have no records upon which to evaluate your dispute.

That, to me, is a tacit admission of lack of their ability to affirm accuracy of their reporting.

The CRA is not a judge in the direct dispute process, so I would not now ask them for intervention.  I would first immediately write the following to the OC:

"I filed a direct dispute with you under FCRA 623(a)(8) on (date), disputing (info disputed; monthly lates, the charge-off?)

"You answered this dispute by way of letter mailed (date), with the response that you have no record of this credit account. 

"You were thus unable to determine the accuracy of the reported, and disputed, information.

"Therefor, under the provisions of FCRA 623(a)(8)(E)(iv), you were requried to notify the credit reporting agencies of correction of your prior reporting by instructing them to delete this information from my credit file.

"You have failed to do so, and thus I consider your alleged "completion" of investigation of my dispute to be lacking in compliance with FCRA 623(a)(8)(E)(iv). 

I request your immediate notification to the credit reporting agencies of deletion of this disptuted information.

"Lacking such immediate deletion, I intend to file a complaint with the Federal Trade Commission for your violation of legal requriements of the FCRA."