Cap One- Keeps Reporting Balance After Ch.13 Discharged

[Anonymous]

I had a Cap One CC included in CH 13 which was discharged 05/2008. As of March 08 they were reporting to Equifax as included in CC 13 wage earner plan with a past due balance of $6800. So in March/2008, I disputed online with Equifax. After Equifax investigation, the result was that account included in Ch 13 past due changed to $0. My FICO score went up 10 points. Then one month later in 04/2008 Cap One reports to Equifax the account has a past due balance of $6800 again. FICO goes down 10 points. So in 05/2008 I dispute with Equifax again. The results from Equifax again say $0 past due. FICO goes up 10 points. Then in 06/2008 CAP ONE reports account has $6800 past due. FICO again goes down 10 points. I'm tired of disputing and then having the results reversed a month later by incorrect info from CAP ONE. What legal recourse do I have? They can't keep reporting false info. everytime after I get it corrected. Thank you.

[granny031350]

I would contact Cap One reporting department directly and tell them to get this fixed on their end asap.  It is against the FCRA that they report a balance after discharge.  I always called and had good results immediately, but many here say to send letters RRR and document so if they don't get it fixed you could sue for violation at a later date.

[Anonymous]

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newguy wrote:
I'm tired of disputing and then having the results reversed a month later by incorrect info from CAP ONE. What legal recourse do I have?

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You can sue. But, I'd stack up all the evidence possible first, and that alone might resolve the problem. Spend the $5.21 and your dispute CMRRR with the CRA. Once it corrects, and you get a corrected copy of your CR, wait and see if Capone updates. When they do, send a CMRRR dispute to Capone, tell them you have already disputed with the CRA, and the CRA corrected their records. Keep your dispute letters to one page, single sided. You can photocopy your dispute letter to the CRA, copy the CM receipt, RRR green card, and USPS receipt (which has the CM number on it) to the back. Include that one page of evidence in your dispute to Capone. Shows 'em you're collecting evidence, and the only reason to send things CMRRR is to collect evidence.