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What is the next step? There is a proof that CRA verified inaccurate information... What's next

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seattlecredit08
Frequent Contributor

What is the next step? There is a proof that CRA verified inaccurate information... What's next

 

What can one do if the following happens:

 

1.  For a particular account, Credit report shows account opened on XX/01/XXXX, e.g. 10/1/2015

 

2. In reality, the account was opened on XX/8/XXXX, e.g. 10/8/2015. So a slight difference but a difference nevertheless, perhaps due to the way the computer stored account date.

 

3. Credit Reporting Agency (CRA), upon filing the dispute, still says that 10/1/2015 is correct and that it was verified.

 

 

Question: Is there a way to use the fact that CRA incorrectly verified wrong Data Opened to delete the account? 

 

 

By the way, FCRA seems to talk "unverified" information but not about the process for when CRA "incorrectly verifies" information.

 

E.g. in FCRA 611 (a) (5) (A):

 

If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall– 

(i) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation;

 

Has anyone successfully been able to force a deletion after catching CRA verifying incorrect information? If so, how? What are the steps from here? 

 

Thanks in advance for all suggestions!!

Message 1 of 3
2 REPLIES 2
Remedios
Credit Mentor

Re: What is the next step? There is a proof that CRA verified inaccurate information... What's next

It is my understanding that date opened is always reported as the 1st day of the month in which the application was approved. If you got approved on 10/29, it would still report as 10/1.
I could be wrong, tho.
Message 2 of 3
RobertEG
Legendary Contributor

Re: What is the next step? There is a proof that CRA verified inaccurate information... What's next

If you ultimately prove that they have verified information that is, in fact, inaccurate, such as by a decision by a CRA as a REsult of Reinvestigation of a dispute, or a decision by a court, that finding would be basis for requiring correction or deletion of the information.  However, the correct or deletion mandate only applies to the specific information that is the subject of the dispute.

It would NOT be basis for requiring deletion of other accurate reporting, or of the entire account.

The goal of the dispute process is to obtain correction of inaccurate information, not to impose deletion of accurate information based on some finding of inaccuracy.

 

In your situation, there would actually be no requirement to delete anything.

The statute mandates deletion only if the information is not either verified or corrected.

Date opened of an OC account is a required reporting item, and the CRA investigation, if they do not verify, would be to correct in the manner asserted in your dispute to be the accurate date.  Deletion would not come into play, as it could be corrrected to the value shown by the conumer in their dispute to be the accurate value.

 

If you disagree with the CRA reinvestigation and finding, you could pursue by bringing civil action on the grounds that they did not conduct a reasonable investigation, and seek a court judgment requring correction of the date opened to the date you prove as being the accurate date.  However, with only a week difference in the desired correction, civil action would not, in my opinion, be a prudent use of time and money.

I would let it be.

Message 3 of 3
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