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Strange thing with Discover and the 609 Dispute things are getting interesting - More Data Points

Strange thing with Discover and the 609 Dispute things are getting interesting - More Data Points

In Dec 2021 I sent out  a 609 Dispute letter to all of the credit Bureas disputing  Discover and one USAA account and a bunch of inquiries. At first it worked  Discover was removed from my Equifax - butttttt - it was reinserted after Discover responded back.  The USAA account was deleted I got 3 points to my FICO on  Trans Union I know  when the Discover was deleted from Equifax I got a 112 point jump on my FICO funny thing is when they put it back I got 131 drop!!

 

I know they are - suppose - to let you know the credit burea -Exquifax when this happens so I am preparing a letter. So I was pretty bummed out when this happened. 

 

So while I was waiting I sent Discover two more letters. A valdiation letter and SOL letter the debt is not collectible at this juncture. I think I might be on to something. 

 

Too my shock Discover sent me a bunch of 2016 statments and a letter.  The thing is the last payment was 2015 - not 2016 so I think they got confused. They can't sue me and what I wrote in the SOL letter was then posting this on my credit report was a collection  activity on a debt that they can't collect on because it is time bar by Georgia law of 6 years.

 

So I got a feeling I am about to get some delection love. I am shocked at what Discover sent me because it was nothing I askef for in the 609 letter.

 

 

My angle was to send Discover a vladation letter and use what they sent to me to the Credit Bueras to get that pesky thing off, because that and 3 collections are keeping me out of the 750 club. Should here back for the collection companies soon like the next 10 days so just thinking and waiting.

 

This is exhausting I am never letting my credit go bad again after this when I saw that 752 I felt so legit- alas it was short live - but I know the possiblities of the future. I will see 750 across the board this year!!!

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4 REPLIES 4
AndySoCal
Valued Contributor

Re: Strange thing with Discover and the 609 Dispute things are getting interesting - More Data Point

@WinningEveryday 

When an account is disputed  and subsquently re-reported the date reported is moved forward in time IE the current month and year. Depending on how the account was re-reported the derogatory information maybe more recent hence the score drop. The reason why the score went up is that FICO does not fully factor an account that is in dispute. Why? FICO cannot tell what is being disputed.

FICO 8 EX 815 TU 812 EF 822
Discover IT Opened 9/1990 CL 19,000, JC Penney Opened 10/2008 CL 4700, US Bank Cash Plus Opened 8/2010 CL 12000, Citibank Double Cash Opened 5/2015 CL 11,100, Chase Freedom Flex Opened 09/2020 CL 10,500
Message 2 of 5
vntrsc
Frequent Contributor

Re: Strange thing with Discover and the 609 Dispute things are getting interesting - More Data Point

The SOL for collection in your state had nothing to do with the 7-year credit reporting period.  The 7-year reporting period is based upon the date of first delinquency.  That is the date when the account went delinquent, was never again made current, and led to collection or charge-off.  The 7 years starts counting down 6 months later.

 

A request for validation falls under the FDCPA and only applies to debt collectors.  Discover is not a debt collector.

Message 3 of 5
bass_playr
Frequent Contributor

Re: Strange thing with Discover and the 609 Dispute things are getting interesting - More Data Point

So, you are in Georgia?

 

If you have case law in your state that says credit reporting falls under collection activity, then you have a leg to stand on there.  But merely saying that it is debt collection activity holds no water.  Some states have ruled that it is indeed collection activity....others have said the opposite.  There's no clear consensus on this.  

 

Also, keep in mind that state law cannot preempt federal law in an area where the federal government has granted authority.  So, the 7 year reporting period applies as federal law over the whole country.  

 

Discover, as an original creditor, is not required to follow the FDCPA, as that law only applies to third party debt collectors.  However, they did send you statements.  

 

Finally, the 609 theory is really a farce.  Section 611 is the one that quantifies our rights to dispute, etc.  The law does not require a CRA to furnish copies of documents they do not or cannot possess, and makes no such requirement that forces them to remove disputed entries when they cannot furnish such things.  I would strongly encourage you to research this forum, and not to use tactics unless you research the laws indicated in them.  Section 609 simply states that, upon your request, the bureau must produce for you a copy of everything in its files concerning your credit report.  It does NOT require them to produce for you anything that they don't have in their files.  The 609 theory is that you can get them in a 'gotcha' moment when they cannot produce things such as original signed applications for credit and so on.  This is a patently false theory, and as you learned when they reinserted the Discover account, ineffective.  

 

Please don't take my post as any sort of insult or attack--it's just that when one does not follow the actual laws in this process, their efforts do tend to backfire.  One more thing to think about--you just posted on a public forum that you attempted to get entries removed from your credit file that you later admitted you owe on.  When you said that they made a mistake and that the last payments were in 2015, you admitted to knowing information that only the account holder would generally know.  Credit bureaus are not under any obligation whatsoever to remove legitimately reported debts from your credit report unless the time for reporting has expired.  

 

This is not a get fixed quick scheme.  This is a marathon race.  Take the time, learn, do the steps in the right order, and you will see success.  

 

Message 4 of 5
FireMedic1
Super Contributor

Re: Strange thing with Discover and the 609 Dispute things are getting interesting - More Data Point

The SOL is the time that you can be sued for the remaining balance. Reporting negative items is there for 7 yrs. And inq's wont be deleted. What are the baddies your trying to get removed? If its charge offs, lates, inq's. They wont go anywhere. Each time you dispute. It comes back verified and your score takes another hit.






Homeowner since Sept 2020. My posts are JMHO. My siggy is not to brag. Just sharing my experiences after BK from learning here from rebuild to recovery from the @ 540's.
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