Capital One opened a dispute with CB’s

[Gidgetmom]

Capital One had not reported to any of the bureaus since August.  I contacted them a few weeks ago regarding the issue and they opened a “case” for me.  Assured me they would look into it and get back to me.

I received a letter from Cap One yesterday saying...”We have verified that the above referenced account is reporting to your credit file.  Also, we have placed a disagreement code with a resolution of dispute on your credit file to the major credit reporting agencies.”

Yesterday, I received alerts from MyFICO that the account had updated on Equifax and Experian.  Today, I received an alert from TU stating “a dispute has been opened and the credit bureau has 30 days to respond” along with another alert with the updated cap one account info.

How do I remove the dispute?  I never asked for it; I just wanted Cap One to bring the reporting current!  Is this normal?

[RobertEG]

While you may not have intended, if you contest the acccuracy or completeness of reporting directly with a furnisher (i.e., creditor or debt collector), they might consider it to have been a direct dispute.

Direct disputes are provided for as a second type of dispute, and is made directly with the furnisher of the information, with no CRA involvement.  See FCRA 623(a)(8). 

The furnisher should notify the CRA of your filing of a direct dispute, so it would be proper for such a notice to be added to your file, IF your contact was actually a direct dispute.  Failure of a creditor to promptly update prior reporting could be subject of a direct dispute, as it asserts their lack of compliance with FCRA 623(a)(2).

However, the statement that the CRA has 30 days to respond would not be correct if the creditor noified the CRA of the filing of a direct dispute, as the CRA is not involved in the handling and subsequent investigation of a direct dispute other than their placing notice of the dispute in the consumer's credit file once they are advised of the dispute by the furnisher of the reported information.

The furnisher investigates the dispute and responds directly to the consumer.

I would contact the creditor and request either they contact the CRA and remove the incorrect notice to the CRA that you had filed a direct dispute or they notify the CRA that the direct dispute has been concluded, and thus is no longer pending any further action by anyone.

Your communication was apparently only an informal contact, and not a formal dispute of accuracy of reporting.

[Gidgetmom]

Thank you, RobertEG.  I appreciate the information.  My intention was to stimulate Cap One to begin reporting again.  I’ll contact them and ask them to straighten this out.

[Shooting-For-800]

There have been several people including myself that have had Cap One not reporting lately.  One of my cards just reported so they may be fixing it.

[Gidgetmom]

Mine have all updated too.  I wasn’t trying to dispute anything just gently nudge them to report. 😁