HOW CAN I DISPUTE A LATE PAYMENT?

[Anonymous]

I had a bad divorce in 2011. I shut down all of my credit cards and in 2014 started applying for some again with bad credit. I applied for a First Progress Card in June 2014. For the application process I had my billing address as a PO Box and my mailing address was my physical address. I was told I was approved but never recieved the card. I figured they ended up denying my application. It turned out they mailed the card to my PO Box (which I checked infrequently). They mailed the card there AND charged me an annual fee of $29. So, I got the card, had a bill already, and when I checked my mail it had been over 30 days so they charged my credit report with a late payment since I had a balance, I hadn't even activated the card yet. I called their customer service back then and the rep said she would notate my account. I have continued to try and rebuild my credit but I really need this removed as this is my only late payment in over 6 years and it dropped my credit score by 40 points. I have since always paid the card on time and wound up not using it anymore. (they cancelled the card due to no activity on it). Is this late payment something I can dispute? How would I go about doing this? 

[RobertEG]

The most effective way to dispute has apparently already expired in your scenario.

The Fair Credit Billing Act provides a comprehensive dispute process for any billing-related issues on credit cards, which go far beyond the limited dispute provisions of the FCRA pertaining to related credit reporting.  However, FCBA disputes have a timeliness requirement of 60 days from date of the billing.

Activation of a card is not a requirement for opening of the account.  It is basically a security provision intended to prevent others from using the card until they get confirmation of your personal receipt, such as by a verifying call from your home phone of record.

Thus, the card agreement was likely in force, which included your agreed payment of the fee.

I would call and request a good-will deletion.

I would not file a formal dispute.