topic Re: Dispute or not dispute? in Rebuilding Your Credit

Dispute or not dispute?

randaljon — Thu, 23 Feb 2012 04:11:23 GMT

I paid off a capital one auto loan in 8/2011. They are reporting a 30 day late in november of 2008. Besides that I have pefect payment history. I did some research. I was 19 days late that month, not 30 days. Should I dispute this and risk the entire account being deleted or just let it be? I know it has minimal effect on score, but when I talked to someone at Discover card, she was reviewing my CR and brough up the late pay. So these old late pays really do matter?

Re: Dispute or not dispute?

Booner72 — Thu, 23 Feb 2012 04:19:51 GMT

If you have proof you were only 19 days late then you should do a direct dispute with them and not go through the CRA's. You have to be WAY past 30 days to get a 30 day, at least from what I've read around here. Have you just called them about it?

Re: Dispute or not dispute?

randaljon — Thu, 23 Feb 2012 04:21:27 GMT

I just sent them a follow up with the payment history marked. I also emailed them with an email address I obtianed on this forum. Hopefully this finally get it done.

Re: Dispute or not dispute?

RobertEG — Thu, 23 Feb 2012 10:54:11 GMT

The definition of a reportable "30 day late" as set forth in the CRA reporting manuals is more than 30 days from the billing due date, not the billing date.

You can be 30-late with the creditor based on their billing due date, but it does not become a reportable 30 late until 30 days after the billing due date, or 60 days from the billing date.

There is no controversy or interpretation involved. If you paid within the 30 days after the due date, it was not reportable.

Since your dispute will rely upon documentation, and since the CRAs dont forward supporting documentation when using their e-OSCAR process, I too would not dispute through the CRA. Send a direct dispute under FCRA 623(a)(8) directly to the creditor.

Re: Dispute or not dispute?

randaljon — Thu, 23 Feb 2012 10:54:58 GMT

Thanks. I guess I am going to have to make a phone call to get this fixed. They are ignoring my mailings.

Re: Dispute or not dispute?

Anonymous — Thu, 23 Feb 2012 13:34:01 GMT

Good luck. My wife and I paid off a car through Capital One last year and dealing with them was the biggest nightmare every step of the way. When we moved from KS to PA, it took them 6+ months to send a copy of the title from KS to PA, causing us to get 3 tickets for out of date registration (can't register the car without a title!) When it was finally paid off, it also took them forever to send us our copy of the title. Will never finance through Cap One Auto again.