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Best way to address inaccurate/conflicting payment histories for same acct with each CRA?

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cambia46
Contributor

Best way to address inaccurate/conflicting payment histories for same acct with each CRA?

Had a car, ran into some financial problems at went 120 days late in Sep 2014, but I brought the account current in October.  From that point, I had to do what I call rolling payments, where I couldn't pay on the 1st, but would pay a day before the end of the month (when I got paid) before it went 30 days late.  I coudn't roll the December payment, so I went 30 days overdue, but made that payment 9 January and finally paid off the car on 20 February.  After the pay-off, my credit reports suddenly reflected that the account was charged off, with the CO date constantly changing and the reports never have the same info.

 

  I have continued to dispute this with the creditor, to not avail.  But what Idid notice is that each time I dispute, they would change my payment history to something different.  At one point, they even had that I was 180 days late in December, which wasn't even remotely accurate.  Now, each agency is just reporting what the hell they want.  

 

Trans Union Pay Legend:

Aug 2014  - 120 days (was 60 days late in Aug) 

Sep 2014 - Charge-Off (Old credit reports show charge-off in Nov 2014, but now no info is being reported after Oct 2014)

 Equifax

Aug 08 -  Jul 14 - NR, no data reported except for late payments. In other words, none of my on time payments are being reported 

Aug 2014 - 60 days late

Sep 2014 - 120 days 

Oct - Nov 2014 - NR, no data reported 

Dec 2014 - Charge-Off  (A Mar 17 report showed CO in Mar 2015, a Jun 2017 report showed CO in Oct 2014)

 

Experian Pay Legend: 

Aug 2014 - 120 days late (was 60 days late in Aug) 

Sep 2014 - Feb 15 - ND, no data reported

Mar 2015 - FP (Failure to pay, although I paid off the account in Feb 2015)

Although the legend doesn't say charge-off, the status does.  

 

 

  As you can see, none of it is accurate.  Also, each account  shows the balance updated in March, which makes it look I didnt pay it off unti;l then, which isnt' accurate.  Any suggestions on how to correctly dispute this? I was thinking of sending a letter to all of the bureaus with all of my past credit reports AND a current report from the other agencies attached.  Thanks for any suggestions.  

Message 1 of 6
5 REPLIES 5
gdale6
Moderator Emeritus

Re: Best way to address inaccurate/conflicting payment histories for same acct with each CRA?

Direct dispute it with the creditor and back it up with evidence.

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Direct-dispute/td-p/2309095

Message 2 of 6
cambia46
Contributor

Re: Best way to address inaccurate/conflicting payment histories for same acct with each CRA?

Thank you. I have tried that before and each time they just change my payment history to something else that is wrong, never correcting anything. I believe that they do not want to report the payments correctly because that would then bring their unjustified charge off into question, rightfully so. So, at this point my hope is to just have the account deleted for incorrect reporting. Would this instance qualify as a violation under which they, or the CRA’s, would be required to delete the account?

Thank you again.
Message 3 of 6
RobertEG
Legendary Contributor

Re: Best way to address inaccurate/conflicting payment histories for same acct with each CRA?

After resolution of a dispute filed under the FCRA, you then obtain the right to bring your own private civil action contesting the reasonableness of their investigation of your dispute.  Once you file a civil action, you obtain the right to request specific documentation from the creditor under the discovery process.

 

However, neither the FCRA nor precedential case law requries a creditor to be consistent in their payment history reporting to each CRA.

The statutory requirement under FCRA 623(a)(1) is that what is reported cannot knowingly be inaccurate, and FCRA 623(a)(2) requires that the creditor promptly update any reporting once they have knowledge of its inaccuracy.

While you could possible bring civil action asserting that inconsistency is per se incomplete reporting, that might be a tough sell in court absent any specific statutory requirement to that effect, years of established practice that does not require such consistency, and absence of any case law supporting such an interpretation.

 

I would focus on showing that what is reported is clearly inaccurate, rather than on asserting that inconsistency per se equals inaccuracy.

If, for example, they report 180-late for a given month and you have evidence that it was not delinquent at that level, then you have basis for a dispute of inaccuracy.  However, if they reported 180-late with one CRA, and only 120-late with another, that is not usually considered a violation of the FCRA.

Message 4 of 6
cambia46
Contributor

Re: Best way to address inaccurate/conflicting payment histories for same acct with each CRA?

Thank you
Message 5 of 6
vntrsc
Frequent Contributor

Re: Best way to address inaccurate/conflicting payment histories for same acct with each CRA?

You said that you have disputed with the creditor.  Perhaps I missed it, but have you filed a dispute with the credit reporting agencies? 

Message 6 of 6
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