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GW to JCP gets me a dispute on my CR

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Shhh
New Member

GW to JCP gets me a dispute on my CR

Hi I'm new to MyFico message boards. I have been reading here for weeks and decided to send a GW letter to JCP asking them to delete a 30d late that I had last June. The JCP response was to put a new remark on my credit file "Account information disputed by consumer, meets FCRA requirements"  the GW letter said nothing about disputing just an explanation of the circumstances of why I was late and would they consider removing the 30d late from my CR. Now my EQ score has dropped 20pts and the only change is the remarks.

 

Is this common? How long will this stay on my CR?  I'm wondering if I should call JCP. This is my first attempt to fix anything on my report and am feeling pretty discouraged.

Message 1 of 12
11 REPLIES 11
zerobacan
Established Contributor

Re: GW to JCP gets me a dispute on my CR

I beleive that is a temporary status, and it make your score dropp because the entire account and all its history is not being calculated into the score. so as soon as the have a response they will change the status back with the updates.

 

also you are in the wrong forum section Smiley Happy

 

you will be moved in 5, 4, 3, 2, 1.......

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Message 2 of 12
guiness56
Epic Contributor

Re: GW to JCP gets me a dispute on my CR

Looks like the correct forum to me.

 

A GW is NOT a dispute though It is very common for a creditor to make this error.

 

I would send another letter and in all caps, to get their attention, state this is not a dispute before going on with the GW.  Also, ask them to remove the dispute annotation from your CR.

Message 3 of 12
Shogun
Moderator Emeritus

Re: GW to JCP gets me a dispute on my CR

zero was right, it was mod moved here.  Smiley Happy

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 4 of 12
RobertEG
Legendary Contributor

Re: GW to JCP gets me a dispute on my CR

If they mistakenly treated it as a direct dispute, that imposes requirments upon them that they apparently have not complied with.

They cant, on the one hand, report a consumer dispute to the CRA, and on the other hand, not process and formally conclude the dispute under the requirements of FCRA 623(a)(8).  This happens with DVs, PFDs and GWs.  One debt collector is notorious for using this "mistaken" interpretation to sluff off legit. DVs and ask for more information to complete the dispute, thus putting everything in limbo.

 

They must conclude a direct dispute within the same 30-day period as imposed on CRAs for concluding a dispute filed through a CRA.

There are only two ways to conclude a dispute.  Investigate and send the consumer a results of notice of their investigation, or dismiss the direct dispute as lacking sufficient identification of an inaccuracy such that they can conduct an investigation.  Upon conclusion of the dispute, they are required to notify the CRA of its termination, so it should not remain as an unresolved dispute for more than 30'ish days.

 

If they have reported a direct dispute and never concluded it by sending you a notice of results of their investigation or dismissal of the dispute, they are in violation of FCRA 623(a)(8). 

 

The best way is to challenge their improper treatment of the letter as a direct dispute.  Alternately, one can challenge their failure to have concluded the dispute.

However,therein arises a classic catch-22, filing a "real" dispute to challenge their treatment of your prior communication.

 

I would begin with a letter to them, advising that their prior interpretation and handling was improper, and requesting deletion of any prior reporting of a dispute, be it pending or resolved.  My emphasis would be on their improper treatment as a direct dispute, with a side-note informing them that they have additionally failed to comply with the direct dispute rules even if their interpretation as a dispute was proper.

 

I would supplement my letter by drafting a formal complaint to the FTC, and including a cc: in my letter to them.

In summary, an attempt to challenge their handling without having to file a "real" direct dispute, and thus mucking things up even more.

Message 5 of 12
guiness56
Epic Contributor

Re: GW to JCP gets me a dispute on my CR


@Shogun wrote:

zero was right, it was mod moved here.  Smiley Happy


Really?  My apologies.

 

I normally see where the mod moved it.  It didn't say that on this one.

Message 6 of 12
Shogun
Moderator Emeritus

Re: GW to JCP gets me a dispute on my CR

I didn't move it, I actually followed this post from the CC boards.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 7 of 12
Shhh
New Member

Re: GW to JCP gets me a dispute on my CR

 Thanks everyone for all the great advice! And so sorry if I misfiled. I'm still learning my way around the boards. 

 

I've gotten another notification on a JCP change but the  description was confusing  and didn't mention the dispute. So,  I’m going to wait a few more days, let the dust settle and pull a new report. Then I guess I'll decide where to go from there. Will let you know if I get it resolved.

Message 8 of 12
Shhh
New Member

Re: GW to JCP gets me a dispute on my CR

Heard back from JCP they took the 30d late off my CR. Between that and reports of on time payments I have had an amazing 50 pt bump in my EQ score!Smiley Very Happy

Message 9 of 12
notyours
Contributor

Re: GW to JCP gets me a dispute on my CR

congrats

GW success 30 day late removed from 2 store accounts.
waiting on Citibank SL GW response --
Message 10 of 12
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