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Pros chime in on my collection

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Pros chime in on my collection

Hello everyone. I have been in the process of rebuilding my credit since August of 2018. I have 3 secured cards going with perfect payment history. However I need some assistance understanding one of my collections.

So that collection company is (First Premier). I know they never delete or do any negotiations and I haven’t tried.

Would this be considered inaccurate reporting? Do I have a case against them?

Experian - only showing negative payment history. Payment history does not date back to when the card was open.

2016 - Oct,Nov,Dec Failure to Pay
2017 - Jan - Oct Failure to Pay
2018 - Jan -Dec Failure to Pay

Equifax
2015 - July - Dec Pays as agreed
2016 - Jan - Aug Pays as agreed
2016 - Sept - Dec Failure to Pay
2017 - Jan-Dec Failure to Pay
2018 - Jan - Dec Failure to Pay
2019 - Jan - March - Failure to Pay

Transunion has no payment history. (Not sure it this is just a bug or error).

Also this account is “closed” and charged off but still showing a balance.

I know this is a lot but I really want to tackle this one if I can.

Thank you
Message 1 of 8
7 REPLIES 7
Valued Contributor

Re: Pros chime in on my collection

Hi Tackledebt - 

 

1.   First Premier is not a debt collector, they are the original creditor (OC). 

 

2.  First Premer still owns the debt (they never sell it off, they simply assign collection efforts to a 3rd party collection agency).  Since they still own the debt, they may continue to report the account as 'Closed / Charge-off along with the outstanding balance.  They may also update the tradeline with additional 'Failure to Pay' notations as they wish.    The only time an unpaid charge-off must report a $0 balance is if the OC sells the debt.   The term 'Charge-Off' is just an accounting term used by lenders to indicate financial loss. 

 

3.   In order to determine whether they are reporting accurately, you need to obtain hard (paper) copies of your credit reports from all 3 bureaus -- 4 including Innovis as they also report to them.   The problem with relying on web-based reports to determine accuracy is the fluff front-end software used to present data to the consumer; it often either obscures or omits actual data provided by the lender.   I saw the same on my web-based TU report for my First Premier charge-off -- no payment history at all -- but when I received my hard copy report, there was, indeed, a complete payment history available (most recent 24 months history is standard - you typically won't see history dating back to account open date).  Hard-copy reports show the tradeline exactly the way it's being reported and includes more information than what is shown via online CMS portals.  

 

I suggest you contact each bureau and request your hard-copy reports.  Once received (usually about a week after requested), review each one for accuracy.  Also make sure all bureaus are reporting the same information for this account (ie.  late pays shown for the same months across all three).    If you find any inncacuracies,  you'll have grounds for a Direct Dispute, (Notice of Direct Dispute under the provisions of FCRA §623(a)(8)(D) and 16 CFR 660.4). This type of dispute would be filed directly with the OC - not through the credit bureaus - by mail, and would detail any and all discrepencies in their reporting across the bureaus (such as one month reported as late on one bureau but not another, different first month of delinquency notated,  etc.) along with a demand that they remove the tradeline.    (I was successful removing First Premier through this process).

 

FYI:  You need to file a Direct Dispute before you dispute with the bureaus because if dispute with the bureaus first and they conclude without removing or correcting the tradeline, then the creditor can dismiss any subsequent Direct Dispute regarding the  same information without any requirement to investigate.  Furnishers are only required to conduct one investigation of asserted inaccuracy.   You can still go ahead and file a Direct Dispute, but at that point they can dismiss it if they choose, deeming it frivolous.

 

Assuming innacurate reporting is found upon review of your reports, you can start your dispute with something like: 

 

This is a Notice of Direct Dispute under the provisions of FCRA §623(a)(8)(D) and 16 CFR 660.4, of the accuracy of information First Premier has reported to my credit file.  This correspondence further serves as notice that First Premier is in direct violation of FCRA regulations.  

 

And include: 

 

1. Identification of the specific information being disputed: specify the account number, and the specific information that is disputed under that account.

2. Basis for the dispute:  how the reporting was inaccurate including any statutory, regulatory provision violations,  violation of CRA reporting guidelines, etc.

3. Supporting documentation: ie.  copies of the portion only of your recent credit report showing the innaccurate reporting of the tradeline on your credit file, old payment / bill statements, etc.

 

They have to respond and investigate a valid Direct Dispute.   This will also allow you to provide as much detailed info and supporting documentation as you want  = just take your time and make sure your dispute is as clear and concise as possible.    Note: They do not have to remove the tradeline, they can simply opt to correct the errors - but you can demand they remove it altogether.   If they correct the errors instead of removing them, check the udpated data for any new errors and file a new Direct Dispute, if warranted.   

 

 

Personal Aphorism:
"Forget What You Feel, Remember What You Deserve"


Starting FICO 8s | 09/06/2017: EX 641 ✦ EQ 634 ✦ TU 647
Current FICO 8s | 07/01/2019: EX 741 ✦ EQ 727 ✦ TU 733
Current FICO 9s | 06/01/2019: EX 753 ✦ EQ 751 ✦ TU 732
Highest FICO-8 Ever | 10/2018: 780 [on dirty report]

2019 Goal Score | 780s


My AAOA: 2.7 years not incl. AU / 2.10 years incl. AU
My AoOA: 6.5 years not incl. AU / 8.5 years incl. AU
Report Status: Clean

Tending my Garden til 2/2021


Without patience, we will learn less in life. We will see less. We will feel less. We will hear less. Ironically, rush and more usually mean less.
Message 2 of 8
Established Member

Re: Pros chime in on my collection

Ok great Information. I pulled my info from the creditchecktotal 3 reports. I back checked it in creditkarma. I will do as you said and order hard copy reports and scan through them.

You said you had success getting them to remove the trade line based on inaccurate reporting. Was this similar to what I’ve stated about payment history?

Thank you for your detailed response.
Message 3 of 8
Valued Contributor

Re: Pros chime in on my collection

You're very welcome. 

 

Mine started with the lack of a DOFD on my Experian report, and evolved to include other things (history of payment amounts included) from there.  They actually made things worse each time they attempted to correct information.. becuase they are incompetent. 

 

Here's the whole story on my dispute(s) with them:   

 

https://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/I-won-the-battle-with-First-Premier-Deleted/...

Personal Aphorism:
"Forget What You Feel, Remember What You Deserve"


Starting FICO 8s | 09/06/2017: EX 641 ✦ EQ 634 ✦ TU 647
Current FICO 8s | 07/01/2019: EX 741 ✦ EQ 727 ✦ TU 733
Current FICO 9s | 06/01/2019: EX 753 ✦ EQ 751 ✦ TU 732
Highest FICO-8 Ever | 10/2018: 780 [on dirty report]

2019 Goal Score | 780s


My AAOA: 2.7 years not incl. AU / 2.10 years incl. AU
My AoOA: 6.5 years not incl. AU / 8.5 years incl. AU
Report Status: Clean

Tending my Garden til 2/2021


Without patience, we will learn less in life. We will see less. We will feel less. We will hear less. Ironically, rush and more usually mean less.
Message 4 of 8
Valued Contributor

Re: Pros chime in on my collection

I'd also like to mention that before I paid the charge-off and they updated the tradeline to reflect payment --  the payment history was so wrong across all three reports.   But, at that time, I didn't know about disputing for innacurracies such as that --- so I just went ahead and paid it without dispute.  When they updated the tradeline to reflect payment, they also corrected the errors to the 24 month payment history.   Had I disputed the tradeline before the payment update,  I probably would have been successful in removing it much sooner because I would have had more "major" innaccuracies.   By the time I got around to doing a direct dispute, my innaccuracies were less and a bit more minor (aside from the lack of DOFD), pertaining to historical balance an payment amounts,  not payment history, so it was a long fight for me with a lot of back and forth...   

 

Personal Aphorism:
"Forget What You Feel, Remember What You Deserve"


Starting FICO 8s | 09/06/2017: EX 641 ✦ EQ 634 ✦ TU 647
Current FICO 8s | 07/01/2019: EX 741 ✦ EQ 727 ✦ TU 733
Current FICO 9s | 06/01/2019: EX 753 ✦ EQ 751 ✦ TU 732
Highest FICO-8 Ever | 10/2018: 780 [on dirty report]

2019 Goal Score | 780s


My AAOA: 2.7 years not incl. AU / 2.10 years incl. AU
My AoOA: 6.5 years not incl. AU / 8.5 years incl. AU
Report Status: Clean

Tending my Garden til 2/2021


Without patience, we will learn less in life. We will see less. We will feel less. We will hear less. Ironically, rush and more usually mean less.
Message 5 of 8
Established Member

Re: Pros chime in on my collection

Ok great. Thanks and I will read the post that you made. I will start with getting my hard copies and go from there. I’ll respond to this once that all happens. Thank you for your help.
Message 6 of 8
Community Leader
Legendary Contributor

Re: Pros chime in on my collection

What do you own personal account records show that the actual payment history reporting should be?

 

When you file a dispute, you must identify each asserted inaccuracy.  That establishes what must be investigated and responded to, by verification of accuracy as reported, or by correction to overcome the asserted inaccuracy.

 

If you are expecting deletion of the entire account based on payment history inaccuracies, that will not be a required outcome, even if the reporting is in fact inaccurate.  The creditor always has the ability to correct the specific items under dispute, and correction or deletion only extends to the specific item(s) found to be inaccurate.  Deletion of an entire account or of other accurate reporting, such as a charge-off, would not be mandated by inaccuracies in prior payment history profile reporting.

What you are more likely to receive is the addition of monthly delinquency reporting for each prior month that the account was actuallyy delinquent.

Message 7 of 8
Established Member

Re: Pros chime in on my collection

The majority of the missed payment history is positive payment not negative. However I don’t feel that will help in terms of score either at this point. I like others am not afraid to admit that I am simply looking for a way to remove this. I wish they would accept a Pay in full for delete but they won’t. So I’m looking at all options before I even reach out to them.

Thank you!
Message 8 of 8
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