03-25-2013 04:34 PM
First, I want to say thanks to everyone on this forum. I started rebuilding in December after deciding that it's time to buy a house. I started wading through my credit reports and found a payday loan that was reporting that the balance was still owed. This was actually garnished from my paycheck in September and October so I knew it had been paid. I called my payroll department just to verify that this was the company that had the garnishment. It was. So, I called the company and spoke to the collections manager. She stated that they had not received a check yet. This was in February. She put me on hold and called the courthouse. They confirmed that they did have the check there. She said she'd go by the next day and pick it up. She would make sure to clear the balance and report it to the CRA. I asked her to make sure that they removed the 120 days late for the last few months because it had been paid. It wasn't my fault that they weren't notified that the check was waiting at the courthouse. She then said that she didn't know about doing all of that. I was rather aggravated at this point and asked her make sure that the balance was updated to 0. Now, the 120 days late is reporting from May 2012 thru January 2013. Since the first part of the garnishment was in September, can it still be reported late? And since it appears that the collections manager isn't going to try to remedy this error, what do I do next?
Sorry it's so long but I appreciate any feedback/suggestions.
03-25-2013 05:08 PM
I would send them a direct dispute per FCRA 623(a)(8). They have to investigate, make changes and/or corrections and reply to you within 30 days. If they don't they are in violation of the FCRA. Fill in the areas in blue. If it is not going to a collection account you can delete the second paragraph.
“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.
“This is a direct dispute of credit reporting. This is not a request for debt validation/verification under FDCPA §809(b).”.
“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes:
“Identification of the specific information being disputed:
(specify the account number, and the specific information that is disputed under that identifying account)
“Basis for the dispute:
(how the reporting was inaccurate; was any reporting in violation of any statutory or regulatory provisions? account or express agreements? CRA reporting gudelines? Account not yours? etc.)
(all documents that support your dispute; it is recommened to also include, as part of your documentation, at least a copy of the portion only of your recent credit report showing their reporting of the disputed information was actually reported to your credit flle. The implementing rule suggests a showing that it appeared in your credit report)