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StoneWalled by both Companies - Experian and Capital One

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wHiTeSoL
Valued Contributor

StoneWalled by both Companies - Experian and Capital One

I really need some direction here on this case. I have a CO from Capital One, in July of this year I wrote them a GW letter and they took it as a dispute (the TL was reporting accurately AFAIK). After the dispute out of nowhere the entire TL changes. Late payments moved from month to month, the CO date changed, an insane high balance and payment was reported, all false. I can prove on the new TL all payments stated late were made on time. However when I contacted Capital One with both credit reportes they claim thier reporting to EX is correct and the errors in with EX's side and if I had issues with the reporting to contact EX. What should I do, I can point out 10 discrepicies!

 

Photo 1: Original CR from July

Photo 2: New Credit report from October

 

 

Message 1 of 7
6 REPLIES 6
wHiTeSoL
Valued Contributor

Re: StoneWalled by both Companies - Experian and Capital One

Please move to rebuilding, sorry

Message 2 of 7
AndySoCal
Valued Contributor

Re: StoneWalled by both Companies - Experian and Capital One

The high balance yes I would say it is incorrect but getting that fixed will not change anything. The high balance is the highest balance on the account since the account was opened.  You state that the account was charged off this Per both of you credit reports the account was charged off  in June 0f 2008. The account is still accruing finnace charges and penalties. Post the dispute they also updated there reporting for an additional three years.  I do not see any changes in the late dates  Can you poin them out.?

FICO Scores XPN v8 802 V2 831 (SDFCU) TUC 803 v8 EFX 807 (10/2023)
Discover 09/90 19,000, JCPenney 10/2008 4,700 US Bank Cash 12,000 Citibank Custom Cash 5/2015 11,100 State Dept. FCU 15,000 06/2023 , 02/2024 Redstone FCU Signature VISA 10,000 Banking: Ally Bank Credit Unions: Lafayette FCU Fortera FCU State Department FCU Pelican CU

Pelican State CU Redstone FCU

Message 3 of 7
wHiTeSoL
Valued Contributor

Re: StoneWalled by both Companies - Experian and Capital One


@AndySoCal wrote:

The high balance yes I would say it is incorrect but getting that fixed will not change anything. The high balance is the highest balance on the account since the account was opened.  You state that the account was charged off this Per both of you credit reports the account was charged off  in June 0f 2008. The account is still accruing finnace charges and penalties. Post the dispute they also updated there reporting for an additional three years.  I do not see any changes in the late dates  Can you poin them out.?


In terms of the high balance, it makes me mad because it is completly false. I dont think it's even possible to have a 30k balance on a CL of 300.

For the late pays it shows

30/60 in aug and sept 2008 (report 1) where it is "ok" in report 2,

ok/ok/ok in may, june, july 2008 (report 1), 30/30/30 report 2

ok/ok in october, november 2008 (report 1), 30/60 report 2,

charge off july 2009 (report 1), charge off june 2009 report 2

it is also now "first reported nov 2006" (changed from jul 2007) which is before the date opened date (july 2007)

and of course the high balance / monthly payment amount which is completly false, even if it doesn't matter to FICO scoring I dont want someone looking at that during a manual review (I some how ran up 100x my credit limit?!?! I dont think so!)

 

 

Message 4 of 7
llecs
Moderator Emeritus

Re: StoneWalled by both Companies - Experian and Capital One

IMO, in my 2 cents for whatever that's worth after inflation, I look at minor differences as worthless when it comes to fighting for a removal of a TL (assuming that's the goal because of your disputes). I ask myself three questions:

 

1) Is the new change inaccurately reporting, and does that change impact my CRTP, my balance, or status of the TL?

2) Does the change negatively impact my FICO if that change is inaccurate?

3) Does the change negatively impact my credit as viewed by lenders if that change is inaccurate?

 

In your example, the status and balance is unchanged so no issue there (and I assume it was CO'd and eventually sold resulting in a $0 bal). Your CRTP drop off time may have changed for the better. Experian doesn't list a DOFD, but they will sometimes list a drop off date. I'd check to see if that changed any. DOFD is when you first went late and never recovered. According to the reporting after the change, your first 30-day went from 8/2008 to 5/2008. There's a chance it might fall off 3 months earlier now, but an argument can also be made they are reporting that you caught up after that within that summer.

 

You'd also want to check your own payment history with the statements. It is VERY common for lates to be added where there were none before after a dispute. A dispute gets them to look very closely with their records of payment and very often lates get added/removed after a dispute. Compare it with your records to see if those lates are accurately placed. Maybe they misreported before and now it is corrected after a thorough review.

 

Per the "first reported", that is odd. But it doesn't hurt any. That's not used by lenders or FICO. If they changed it back it wouldn't help your credit any. Finally, the high balance is odd. I've never seen that before. As mentioned, it doesn't impact FICO. I'd argue it doesn't hurt your credit standing either. Lenders don't look at the high balance in relation to the reported CL. They don't look because lots of companies issued CLDs. Some of my reported TLs have high balances greater than the reported CL. It doesn't mean I maxed my cards. It means I received a CLD because I don't use my CCs like many in here do. Even under a manual review at mortgage time, my lender didn't care (and truthfully I was worried about that). If anything, they might see $7xx CO'd and see that you never maxed out your CCs at $30k. In reality, I think any lender seeing that would shrug it off.

 

Even if CapOne was right before and wrong now, your credit wouldn't change. It's still a CO'd baddie, though with a possible early falloff like mentioned. Your FICO wouldn't change either. With that mentioned, personally would move on assuming the lates were accurate with my own records. 

 

If I had that, I'd leave the reporting alone but I would GW them to death. If you did want to pursue it further, you can always do direct disputes, complaints to various agencies, but I think it wouldn't go that far since it's a non-issue.

 

Message 5 of 7
wHiTeSoL
Valued Contributor

Re: StoneWalled by both Companies - Experian and Capital One


While I can't prove they were on time per se (just becuase I dont remember the statement date) but I can prove payments were made the three months of may/june/july 2008, (no payments the next two months) and payments again the next 3 months. (It seems to back up the original reporting and not the current one). Also does the fact that they moved the "CLS" close date and adding of all those additional "CO" months make the account seem "newer" and hurting my score even more? Oh if it matters TU and EQ both report as the original TL and not the updated one. 
 

Message 6 of 7
RobertEG
Legendary Contributor

Re: StoneWalled by both Companies - Experian and Capital One

Upon filing of  dispute, the CRA is required to forward the dispute to the furnisher of the disputed information, and the furnisher is required to conduct a reasonable investigation, and report their finding back to the CRA. That was apparently done.

 

If the investigation by the furnisher finds the reporting to be accurate, they can simply verify.  They are not required to document the basis for that verification.

That verification goes back to the CRA, who then makes their own final determination under their reinvestigation of the dispute.

If the furnisher verifies, the CRA will almost always accept that statement of accuracy as their final determination of the outcome ("reinvestigation") of the dispute.   To make a finding contrary to the verification provided by the furnisher would require their independent finding of inaccuracy.

 

Therein lies the rub in a CRA dispute, as the CRA does not have the authority to compel both sides to produce all relevant documentation, and thus does not have the ability to conduct a legal fact finding that would support a contrary finding in their reinvestigation.  They are not a court, and have no administrative law judges with such authority.

 

If the consumer still disagrees with the verification of accuracy of the information, they can always take one of two steps.

First, if they feel the current facts of the situation clearly show the information to be inaccurate, they can file a formal complaint with the CFPB/FTC.

If the CFPB/FTC determines the facts are sufficient in an of themselves, they can issue a finding of lack of compliance with the FCRA verification.

That is rarely the case.

 

Second, if the facts are contested and further consideration of documentation is necessary to resolve the difference, the issue can then be put before a court, who has authority to compel both sides to produce all evidence, and make a legal finding of facts.

 

You can always submit additional evidence to the CRA in the form of a renewed dispute, but unless that evidence clearly shows the information to be inaccurate (i.e., the facts speak for themselves), verification is likely to simply be affirmed.  If new evidence is not provided, a renewed dispute can be dismissed without any investigation as "frivolous or irrelevant."

 

Simply stated, one cannot expect the administrative dispute process to result in a ruling on  contested views of the accuracy.

You can always bring your own civil action, and provide your "proofs."

 

 

 

 

 

 

Message 7 of 7
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