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What to do after dispute results in even more incorrect data being reported?

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What to do after dispute results in even more incorrect data being reported?

I had one incorrectly reported 30 day late payment in January 2020 showing up in EQ and TU but not EX... so I filed a dispute... the results of the dispute kept the 30 day late on TU but is now showing as a 60 day late on EQ.. so not only did they not remove the incorrect 30 day late, they made it worse... and nicked my EQ for 12 points... so now this account shows zero lates on EX, a 30 day late on TU and a 60 day late on EQ... seriously frustrated...

This is also a currently open account that I have a good relationship with the lender (chase auto) with 6 payments left to make on a 72 month auto loan... what should my next course of actions be?? Is the fact that they are now reporting different information to each of the three bureaus grounds to get it removed? I tried calling them initially and they wouldnt do anything... I only tried once though, should I try again, try to get higher up in the food chain?? dispute again??? all the credit bureaus??


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Senior Contributor

Re: What to do after dispute results in even more incorrect data being reported?


@soaknfused wrote:

I had one incorrectly reported 30 day late payment in January 2020 showing up in EQ and TU but not EX... so I filed a dispute... the results of the dispute kept the 30 day late on TU but is now showing as a 60 day late on EQ.. so not only did they not remove the incorrect 30 day late, they made it worse... and nicked my EQ for 12 points... so now this account shows zero lates on EX, a 30 day late on TU and a 60 day late on EQ... seriously frustrated...

This is also a currently open account that I have a good relationship with the lender (chase auto) with 6 payments left to make on a 72 month auto loan... what should my next course of actions be?? Is the fact that they are now reporting different information to each of the three bureaus grounds to get it removed? I tried calling them initially and they wouldnt do anything... I only tried once though, should I try again, try to get higher up in the food chain?? dispute again??? all the credit bureaus??



So this was an eroneous late correct? You were never late? Sometimes disputes make things worse although when something is incorrect it needs to be resolved. Also sometimes back to back disputes they will deem it frivilous ( not that it is) and won't reinvestigate. Have you tired contacting Chase directly and asking them to correct their mistake?

EXP 758 TU 783 EQ 729
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Community Leader
Senior Contributor

Re: What to do after dispute results in even more incorrect data being reported?

Paging @RobertEG 

 

EXP 758 TU 783 EQ 729
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Legendary Contributor

Re: What to do after dispute results in even more incorrect data being reported?

The FCRA does not provide any formal appeal process from a decision on a dispute.

It additionally permits a second dispute that is substantially the same as a prior, concluded dispute to be dismissed without any second investigation on the basis that it is "frivolous of irrelevant."

You thus cannot simply continue to file the same dispute anew and have it considered.

 

Thus, while you can always choose to submit a renewed dispute on the same basis, it can be dismissed without having to conduct a second investigation on the same basis.  You would need additional evidence or basis for any renewed dispute to avoid summary dismissal.

In the posted scenario, the dispute resolution that adds new, inaccurate information clearly gives rise to filing a second dispute directed at the newly posted inaccuracy, as that would not be a duplicate dispute on "substantailly the same basis."  That would be my recommendation before pursing any CFPB complaint or civil action.

 

Rather, the FCRA provides two alternate paths for pursing what is considered to be an improper finding in a dispute.

One is to pursue administratively if you feel that the decision can clearly be shown to be inconsistent with the FCRA or federal regulations, and the other is to seek review of a finding of a dispute that the contested  information is considered to be inaccurate,notwithstanding the verification provided by the furnisher of the reported information.

 

Administrative review of clear errors in application of the law is sought by way of filing a complaint with the Consumer Financial Protection Bureau (CFPB), who has administrative oversight over the FCRA and FDCPA.

While a CFPB complaint is usually taken very seriously by the furnisher, the Bureau ultimately cannot compel compliance with any finding they make without filing a civil action with the courts on behalf of the consumer, which they rarely if ever do.  They, as a matter of internal policy, will usually only move to filing a civil complaint if the issue involves either repeated violations, or it affects a  broad base of consumers.

 

Review by the courts can be sougjt by a consumer on their own only after they have first filed a formal dispute with the CRA and received verification of accuracy of the disputed information.  FCRA 623(c).

The civil action then contests the reasonableness of the furnisher's investigation of the dispute.

 

Due to the inherent cost in both time and money of filing a civil suit, most consumers dont take that route to contest the finding of a dispute.  Rather, they will begin by informal calls in an attempt to get reconsideration, or they will file a formal complaint with the CFPB and hope that it will pursuade the furnisher as to the err of their ways.

 

 

 

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Valued Contributor

Re: What to do after dispute results in even more incorrect data being reported?

Is there a way to print out or save as a PDF document the payment history from Chase on this loan? If so then redispute this account with Experian and upload the document as proof.

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