First Premier Dispute question

[Anonymous]

Hello everyone.  I've searched around and know that First Premier deleteing a chargeoff is next to impossible.  That said, I searched around and felt I would give it a try based on some success stories here.  

On Dec 24 I emailed a dispute to an address I found in the forums and challanged a few things that were being reported differently across the 3 agencies.  I received 2 letters in the mail dated Dec 28.  Between the 2 letters most issues I made were addressed, but I wanted to check in here on some of their replies and see if there are any suggestions for a next step.  

Firstly, I had put in my letter:

In addition, I humbly request that you provide me with complete transaction and payment history, a copy of any signed contracts or agreements, and total outstanding balance you believe I owe.  

Their reply to this was: 

In regard to your request for a listing of all payments and transactions, your monthly billing statements provided you the necessary documentation for payment and transaction history on your account.  Please refer to the Account Opening Disclosure and Credit Card Contract that came with your card for the tems and conditions of this account.  

My question is are they responsible for providing that since I am disputing it?  I read stories of others receiving large packets in the mail with this documentation.  Whereas here, it looks like they are placing that on me.  

Also, I had put in my letter:

...this is a Notice of Direct Dispute with you, under the provisions of FCRA 623(a)(8)(D), of the accuracy of information you have posted to my credit file...

Then later I list "Discrepancies found on credit files:"

6.  Amount Past Due: You report a past due balance of $921

Their reply to this was:

If you disagree with how your account is being reported, you may dispute the information directly with one of the consumer reporting agencies listed below or submit your dispute in wirting to us at the address listed above.  

My question is why my letter that they received and replied to isn't condied a dispute.  The subject is " Notice of Direct Dispute."  I reference it's a dispute, I list my issues.  They received them and replied.  They even end their letter by saying: "Due to your inquiry regarding the reporting of this account, we requested the consumer reporting agencies change the status of this account to "Disputed."  If you would like this removed please write to us saying you no longer dispute this account."

All in all, I'm just wondering if anyone has any thoughts on this?  I know they are hard to crack.  Should I try to reach back out them with another dispute?  Should I reach out the the BBB?  I feel that I addressed the dispute and asked for information on the debt that they are not providing me with.  

[thornback]

Welcome to the First Premier Club!

Do you believe the reported balance innaccurate?  Is it different across all three bureaus?  Did you include copies of your credit reports showing the innacuracies in your dispute?  

They are not legally required to provide account statements / verification upon dispute -- that's for collection agencies.  They have provided statements to others upon dispute (I am among those that have recieved them) - but it depends on what you were disputing and often done under the guise of a 'courtesy'.   If you file a dispute through the BBB, they will probably provide all the documententation that you require so they can support their case that they are reporting accurately.   But, unless you have significant errors in their reporting to present, you likely won't have luck in getting the account removed  (unless you're already within 6 months of the scheduled drop off date based on the 7 year reporting statute -- at that point, they seem to not bother fighting and just remove). 

You can certainly keep trying though.  Just make sure each dispute includes some new information --otherwise, they can ignore it as a duplicate dispute and / or consider it 'frivolous'.   I've sent 3 different direct disputes to them over the past year describing reporting inaccuracies and they've addressed each -- all while claiming they are reporting accurately.  Granted, my innaccuracies are kind of minor but wrong nonetheless.   My most recent dispute was this past December (I sent it over the holidays in hopes of getting someone other than that Julie woman to respond and it worked -- got a new person) and received a response that was very vague and, for the first time, did not address any of my concerns but simply reiterated some of the account facts (open / close date, charge-off balance, etc.).   So... I'm responding to that now and sending it directly to this new person.  We shall see....   I have until 2/2021 before this account falls off my reports...my account is paid in full, so I will continue to dispute until then because I have nothing to lose -- this is my only bad mark and I want it gone so bad. 

I've disputed with the bureaus, directly with FP, through the BBB, CFPB (which transferred the dispute to the Federal Reserve Bank), and copied (via mail) the Fed Res Bank on my most recent December dispute...  *sigh* 

Good luck! 

[RobertEG]

Creditors are not required to provide account agreement documents and complete account transaction and payment history documentation in response to a dispute.  Account agreements are initially provided to the consumer upon establishment of an account, and periodically under the CARD Act and the Fair Credit Billing Act.  Consumers are responsible for retention of their own records.

Filing of a dispute under the FCRA is limited to the accuracy of a specifically identified item of information, and does not automatically permit a consumer to request complete transactional and billing statement information previously provided.

In fact, a furnisher is only required to conduct an investigation and make a finding as to accuracy of the identified item of information, and is not required under eitehr the CRA or direct dispute processes to "prove" their verification by way of supporting documentation.

If you wish to compel such evidence, you can file a civil action and use the pre-trial discovery process of the court.  That degree to discovery is not part of the FCRA dispute processes.

As for ability of creditors ot require direct disputes be sent to a specific address, the implementing regulations that enacted the direct dispute process under FCRA 623(a)(8) are provided at 16 CFT 660.4 et seq, and include such a provision.

Furnishers are explicity permitted to provide a special address for filing of direct disputes with them.  See 16 CFR 660.4(c).

More specifically, subsection 660.4(c)(2) provides:

“(c) Direct dispute address. A furnisher is required to investigate a direct dispute only if a consumer submits a dispute notice to the furnisher at:
An address clearly and conspicuously specified by the furnisher for submitting direct disputes that is provided to the consumer in writing or electronically (if the consumer has agreed to the electronic delivery of information from the furnisher)”