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CAPITOL ONE VS CREDIT BUREAUS - HELP

southernbella
Member

CAPITOL ONE VS CREDIT BUREAUS - HELP

Need some advice here.  An old Capitol One account from 2005 was on my credit report with transunion and equifax.  It was showing 30 60 90 120 days late from 2006.   I disputed and it was removed - for a few days.  It comes back updated as of July 2010 and is now showing these lates after the reported payoff dates in Jan 06.  Of course it looks like a new 120 day late and has tanked my scores.  Capitol One cannot find any record of the account and say its the credit bureau mistake.  Credit Bureaus say Capitol One keeps changing information and won't take any responsbility for reporting information that does not even make sense.  I have no documentation on this account since it was all lost in Hurricane flooding.  What kind of letter should I send and to whom?  Thanks for any adivce.

Message 1 of 9
8 REPLIES 8
BungalowMo
Senior Contributor

Re: CAPITOL ONE VS CREDIT BUREAUS - HELP

 


@southernbella wrote:

Need some advice here.  An old Capitol One account from 2005 was on my credit report with transunion and equifax.  It was showing 30 60 90 120 days late from 2006.   I disputed and it was removed - for a few days.  It comes back updated as of July 2010 and is now showing these lates after the reported payoff dates in Jan 06.  Of course it looks like a new 120 day late and has tanked my scores.  Capitol One cannot find any record of the account and say its the credit bureau mistake.  Credit Bureaus say Capitol One keeps changing information and won't take any responsbility for reporting information that does not even make sense.  I have no documentation on this account since it was all lost in Hurricane flooding.  What kind of letter should I send and to whom?  Thanks for any adivce.


 

Did this come back as "verified"????  Is this reporting back on TU & EQ in the same way??  If Cap 1 does NOT have any record of the acct, it cannot be verified.  There are 2 possibilities for you to get these removed.

 

First, you can contact Cap one again & ask that they mail you a letter stating that they have no record of this acct (With FULL acct # listed).  Then make copies and send them CMRRR to TU & EQ stating that this is your legal proof that this account cannot be verified and that unless this is removed within (not sure legally how many days) X amount of days, you will be forwarding this information to .....here's where I might need a hand from another member.... possibly your state's atty generals office.

 

I know that the CRA's cannot legally keep any unverifiable bad information on your reports.  I know there are steps that can be taken to get this removed legally when they cannot be verified. 

 

I would get ahold of Cap One asap & get that document.  Maybe they can write it up, scan it & email it to you.  I would just be sure to have their letterhead at the top, your acct # on the letter & their signature above their sig block.

 

Keep an eye on your post here for specifics on what I'd mentioned above.  You have access to everything you need to get this removed.

 

Good luck!

Mo



Starting Score: 02/2015 TU 709 - EQ 676 - EX 729
Current Score: 12/2017 TU 779 - EQ 779 - EX 782
Goal Score: 850

Bury me in the garden...last app 07.27.17

Message 2 of 9
guiness56
Epic Contributor

Re: CAPITOL ONE VS CREDIT BUREAUS - HELP

There are other ways to verify an account, not just directly with the OC.

 

It sounds like the account may be in EOscar.  If it is, the OC needs to remove it from the database.

Message 3 of 9
RobertEG
Legendary Contributor

Re: CAPITOL ONE VS CREDIT BUREAUS - HELP

You might have a violation of FCRA 611(a)(5)(B), which relates to reinsertion of information deleted as a result of a dispute.

In order to resinsert this deleted information, the OC had to file a "Certificate of Accuracy" which must state that the information is complete and accurate. See FRCA 611(a)(5)(B)(i).

If this was done, the CRA was additionally required, under FCRA 611(a)(5)(B)(ii), to have provided you notice in writing of the reinsertion within 5-days.

If the OC is telling you that they cant verify account information to you now, then they could not have filed a "Certificate of Accuracy" attesting to the completeness and accuracy of the information to the CRA. 

It does not appear that the reinsertion was done in compliance with FCRA 611(a)(5)(B).

I would file a new dspute with the CRA under FCRA 611(a)(1), making it clear that this is not a repeat of an earlier dispute of the derogs, but a new dispute based on failure to comply with the provisions of FCRA 611(a)(5)(B).

Message 4 of 9
BungalowMo
Senior Contributor

Re: CAPITOL ONE VS CREDIT BUREAUS - HELP

 


@RobertEG wrote:

You might have a violation of FCRA 611(a)(5)(B), which relates to reinsertion of information deleted as a result of a dispute.

In order to resinsert this deleted information, the OC had to file a "Certificate of Accuracy" which must state that the information is complete and accurate. See FRCA 611(a)(5)(B)(i).

If this was done, the CRA was additionally required, under FCRA 611(a)(5)(B)(ii), to have provided you notice in writing of the reinsertion within 5-days.

If the OC is telling you that they cant verify account information to you now, then they could not have filed a "Certificate of Accuracy" attesting to the completeness and accuracy of the information to the CRA. 

It does not appear that the reinsertion was done in compliance with FCRA 611(a)(5)(B).

I would file a new dspute with the CRA under FCRA 611(a)(1), making it clear that this is not a repeat of an earlier dispute of the derogs, but a new dispute based on failure to comply with the provisions of FCRA 611(a)(5)(B).


 

Robert, while this information may well be correct, unless someone is extremely well versed in the ins & outs of the FCRA, this becomes a bit mind boggling and overwhelming. Most folks don't have the time or energy to actually look up all this info you're referring to, or have the $$ to hire a FCRA-wise attorney to do so.

 

Many might just look for a simpler, normal "Joe" type answer. 

 

JMO...not intending to be rude or disrespectful in any way.



Starting Score: 02/2015 TU 709 - EQ 676 - EX 729
Current Score: 12/2017 TU 779 - EQ 779 - EX 782
Goal Score: 850

Bury me in the garden...last app 07.27.17

Message 5 of 9
MarineVietVet
Moderator Emeritus

Re: CAPITOL ONE VS CREDIT BUREAUS - HELP

 


@BungalowMo wrote:

 


@RobertEG wrote:

You might have a violation of FCRA 611(a)(5)(B), which relates to reinsertion of information deleted as a result of a dispute.

In order to resinsert this deleted information, the OC had to file a "Certificate of Accuracy" which must state that the information is complete and accurate. See FRCA 611(a)(5)(B)(i).

If this was done, the CRA was additionally required, under FCRA 611(a)(5)(B)(ii), to have provided you notice in writing of the reinsertion within 5-days.

If the OC is telling you that they cant verify account information to you now, then they could not have filed a "Certificate of Accuracy" attesting to the completeness and accuracy of the information to the CRA. 

It does not appear that the reinsertion was done in compliance with FCRA 611(a)(5)(B).

I would file a new dspute with the CRA under FCRA 611(a)(1), making it clear that this is not a repeat of an earlier dispute of the derogs, but a new dispute based on failure to comply with the provisions of FCRA 611(a)(5)(B).


 

Robert, while this information may well be correct, unless someone is extremely well versed in the ins & outs of the FCRA, this becomes a bit mind boggling and overwhelming. Most folks don't have the time or energy to actually look up all this info you're referring to, or have the $$ to hire a FCRA-wise attorney to do so.

 

Many might just look for a simpler, normal "Joe" type answer

 

JMO...not intending to be rude or disrespectful in any way.


+1

 

Message 6 of 9
daboss28
Frequent Contributor

Re: CAPITOL ONE VS CREDIT BUREAUS - HELP


@BungalowMo wrote:

Robert, while this information may well be correct, unless someone is extremely well versed in the ins & outs of the FCRA, this becomes a bit mind boggling and overwhelming. Most folks don't have the time or energy to actually look up all this info you're referring to, or have the $$ to hire a FCRA-wise attorney to do so.

 

Many might just look for a simpler, normal "Joe" type answer. 

 

JMO...not intending to be rude or disrespectful in any way.


It may seem mind boggling to some but i believe his intent is to say  when contacting  CRA's it's a good idea to accurately remind them of your rights and show some understanding of how the process should work and what laws apply as opposed to how it often works.  Even if you do not have the means to follow through it's best to make them think you do so they would react by handling the situation properly.

Simple letters will often run their course and you can wind up with the same results ya did the first time.  It's not that he's trying to sound wordy he's just offering them advice on how to use another tool of empowerment.

 

I think the op should try the cra with the laws like he mentioned and if nothing results contact the AG recount the story and mention those laws that they know for sure were skipped during the verification process.  If they don't understand exactly what he's saying they can say so and maybe Rob can break down what he is saying in more simpler terms.  I don't think the very mention of the laws in your letters is a waste of time.  How else would they know if they're dealing with someone who in other words is just another knucklehead disputing a item without any leg to stand on whom they can simply just blow off right or wrong.

 

EQ 715 8-4-12 // Walmart TU 720 8-11-12 // TU 04 744 (cc pull) 8-23-12 EXP (cc pull) 707 8-23-12
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Message 7 of 9
RobertEG
Legendary Contributor

Re: CAPITOL ONE VS CREDIT BUREAUS - HELP

Yes, I agree that the answer is not at the "Joe the Plumber" level of credit reporting.  But neither is the question.

The basic question related to reinsertion of previously deleted informtion,.  The basic answer is what congress has said on this isuue.

For a consumer to oppose the reinsertion, I kinow of no way to do it other than to turn to the statute.that was enacted to regulate this very issue.

It does not requrire an attorney to send a simple dispute to the CRA,  It only requries one piece of paper.

 

Message 8 of 9
RobertEG
Legendary Contributor

Re: CAPITOL ONE VS CREDIT BUREAUS - HELP

If you want a simple Joe the Plumber letter to the CRA to dispute this issue, I offer the following:

 

This is a dispute under FCRA 611(a) of the accuracy of information currently being reported to you, as follows:

        (detail the facts)

I previously disputed the accuracy of the following information

        ( detail the prior dispute)

As a result of this prior dispute, the reporting party deleted the disputed information from my credit report.

Then, the reporting party once again posted the previously deleted information to my credit file.  That was a reinsertion of previously deleted information.

Such reinsertion is governed by the provisions of FCRA 611(a)(5)(B).

This dispute does NOT ask for reconsideration of the same issues presented in my prior dispute, which were directed to the legitimacy of the reporting of the delinquences, themselves. Rather, it is a new dispute based soley upon the improper reinsertion of information that was previously deleted.

The basis for this dispute is violation of FCRA 611(a)(5)(B).

 

I thus request that you conduct an investigation of the reporting party’s compliance with the provisions of FCRA 611(a)(5)(B), and then do your reinvestigation, and report back to me within 30-days of the date of this dispute.

In specific terms, did the reporting party, upon reinsertion of the previously deleted information, provide to you the required “certificate of accuracy of the information” as required under FCRA 611(a)(5)(B)(i) ?   Did you, as the credit reporting agency, then send to me a notice of this reinsertion within 5 business days of your acceptance of their request to reinsert, as was required under FCRA 611(a)(5)(B)(ii) ?

 

I request that you, once again, delete this information from my credit file.

Message 9 of 9
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