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can you dispute a dispute?????

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msdraglox
Regular Contributor

can you dispute a dispute?????

Ok so long story short, I tried to GW Bank of America and they shot me down. So I got mad and collected all the papers they ever sent me regarding my account as well as my credit reports and found that they were reporting get this 22 lates on my account (from 30's all the way to 180s along with a charge off) when in fact there records (from my conversations with the credit section of BofA, and a letter they mailed to me) state that my account was late about 5 times (none exceeding 120 days) before it was charged off. So I disputed with Equifax (since that was the only one reporting incorrect) and got the investigation results today.

 

** The prior paying history has been updated

**The date closed has been updated

**The status, last payment date and date of last activity are reporting correctly

Date opened: 8/03

Date of Last payment: 11/06

Date of 1st delinquency: 7/05

Date closed: 1/06

 

Account history:

7/04: 30days

8/04: 60days

9/04: 90days-120days

10/04: 90days-120days

11/04: 90days-120days

7/05: Charged off

9/05: 90 days

10/05: 120days-149days

11/05: 120days-149days

12/05: 120days-149days

01/06: 120days-149days

02/07: Charged off

 

I dont get it....an account charged off twice??? I called equifax and the lady all but yelled at me telling me that this is the results and basically deal with it. I told her if I could get a copy of the information they received and she said NO but I could get my credit report from them. I then told her that I want to dispute it again because the dates dont even make any sense account charged off, then late again??, then closed, then paid, then charged off????? and she said ok I will submit another dispute request. I dont know what to do. This is my only real baddy that will stay on until next year, and I actually paid this account off in late 2005 and that is what the letter from Bank of America states. 

 

What to do????

Started at 586 EQ and 604 TU in 8/2009
565 EQ Oct 09
614 EQ Dec 09
624 EQ Feb 10 ---604 TU Jan 10
643 EQ March 10 --from lender
Current 573 TU (myfico) 632 EQ (from lender) Jan 11
Message 1 of 6
5 REPLIES 5
guiness56
Epic Contributor

Re: can you dispute a dispute?????

Yes, the account information is a little confusing.  It is possible to reverse a CO by paying ever thing that is due.  So, technically, it could be correct.

 

But based on your information it is not.

 

You can send EQ an MOV.  They would have to provide you with how they verified your account information.  If they talked to someone they would have to provide the name.

 

You can also write to BoA and ask for a complete accounting of your account.

Message 2 of 6
msdraglox
Regular Contributor

Re: can you dispute a dispute?????

So i dont think this is legal.......any advice.......

 

~apparently the account was officailly charged off and they offered me a payment plan then they continued to report the account as past due (started at 30 days late exactly one month into my payment plan, all the way to 120days+ late when I was on my last month of payment) and then when I reached the amount settled for (not the full amount, just what I charged up minus any late fees and interest and overlimit accrued) they stopped reporting and then  charged it off again, exactly one year later. 

Message Edited by msdraglox on 02-14-2010 03:51 PM
Started at 586 EQ and 604 TU in 8/2009
565 EQ Oct 09
614 EQ Dec 09
624 EQ Feb 10 ---604 TU Jan 10
643 EQ March 10 --from lender
Current 573 TU (myfico) 632 EQ (from lender) Jan 11
Message 3 of 6
guiness56
Epic Contributor

Re: can you dispute a dispute?????

It is becoming clearer now. 

 

You actually did have two COs and the way it is reporting is perfectly legal.

 

When the account became CO, they continued to report the 120 late payments while you were making payments.  That is legal and the way most OCs report.  When you reached the amount agreed upon to pay,  they CO'd the remaining balance of the account.  Which, unless you had a written agreement stating after the amount you paid you were released from further obligation on the account, is legal. 

 

Even if the account had been paid in full after CO, it would still report as a paid CO.  It does not turn the account into good standing.  It will look better on a manual review however.

Message 4 of 6
RobertEG
Legendary Contributor

Re: can you dispute a dispute?????

It looks like your DOFD is 7/2004.

Under FCRA 605(c), that would result in a drop of the CO from your CR after 1/2012.

 

The monthly derogs are not based on DOFD, and fall separately under the following pattern:

7/2004 late      drops after 7/2011

8/2004 late      drops after 8/2011

9/2004 late      drops after 9/2011

...... and so on.....

 

If the delinquency dates are correct, then the so-called "drop off" dates are not, IMHO,  disputable until the CRA fails to delete a specific derog from your CR once its date has expried under FCRA 611(a).

 

It looks like you have at least another year and a half before any dispute can be filed for improper credit reporting by the CRA.

 

Message 5 of 6
msdraglox
Regular Contributor

Re: can you dispute a dispute?????

The DOFD on the report says 7/2005. Thats what I dont get. I thought it would be 2004, they have the fall off date for late 2012... Smiley Sad so should I dispute the DOFD?
Started at 586 EQ and 604 TU in 8/2009
565 EQ Oct 09
614 EQ Dec 09
624 EQ Feb 10 ---604 TU Jan 10
643 EQ March 10 --from lender
Current 573 TU (myfico) 632 EQ (from lender) Jan 11
Message 6 of 6
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