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If a payment is 7-10 late, can they put put 30 late on....


BKSinAZ
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If a payment is 7-10 days late, can they report it as 30 late on a credit report?

Can they add up each (so called) 30 late payment and put 60 or 90 day late on reports?

My wife made a few late payments to Ben Bridges Jewlers. The payments were maybe 7 - 10 days late, but NEVER 30. Each time, they dinged her as a 30 late payment on her reports. Now when we recently checked it, it shows 90 days Late, but current. We were never late 90 days! The only thing I can think is that they ADDED up all the 30 late payments.

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7-10 days late cannot be accurately reported as "30 days late"

In response to your next question, I respond by example:

Four payments that were each 8 days late do not amount to a single payment that was 32 days late.

In sum, you are describing inaccurate furnishing of credit information by the jeweler.

Be sure to voice your dispute THROUGH THE CRA in addition to any dispute that you might voice through the jeweler. The reason for this is because in the event that you wish to claim FCRA violations against the furnisher (the jeweler), the furnisher is not liable under Section 623(B) unless the furnisher is notified of your dispute by the CRA.

Keep the thread updated.

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Dear CRA:

For purposes of identification, my name is __ , my ssn is ----, my date of birth is ---- , my present address is =-=====, and my home tel # is ----.

The purpose of this letter is to dispute the following tradeline:

(state information of tradeline including name of furnisher and account #)

At no time was I "30 days past due" on this account. The information contained in this letter proves my assertion, and (name CRA) is thoroughly advised to consider the information provided in this correspondence with respect to its reinvestigation of the disputed tradeline. (I would cite the FCRA here and drop a case or two in, but unless you want to find your way to "Special Handling" you may wish to refrain. Lemme know if you want to work your way over to TU's Priority Dept. or Experian's (whatever they call it) Department. I can get you there in a heartbeat. LOL)

Please find attached the following documents

1) Bills from (jeweler) dated ______ (list the dates of the bills that you have if you have any)

2) A copy of check number ____ that was paid on ____. This check is a payment for "Jeweler's" bill dated _____. This payment was ____ days late and NOT 30 DAYS LATE.

3) A copy of check number ____ that was paid on _____. This check is a payment for "Jeweler's" bill...... and NOT 30 DAYS LATE.

No single payment was even "30 DAYS LATE" let alone 60 or 90 days late This tradeline should accurately read the equivalent of "____ (select positive tradeline notations that are fitting, for example words like "paid in full," "never late," "current," or whichever words accurately describe the status of the account.)

Please be sure to throughly advise ABC Jewler of the content of this letter. (again I would cite the statute here and again that may land you in a Department that you may not want to land in--I don't know your preferences in that regard) The fact that I am also providing a copy of this letter to (JEWELER) is not intended in any way to relive (CRA) of its duty to adequately advise (JEWELER) of my dispute.

Should (CRA) require any additional information from me, please do not hesitate to contact me.

Sincerely, xxxx

cc: ABC Jewlers, Certified US Mail

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Good letter but I don't think I would furnish CRA with my phone number. They will only sell it to other companies. No reason to allow them to make more money off of you. :-)

If your wife has never really been very late, then I think I would try to contact someone in the jeweler's upper management. I wouldn't think they would want to drive away a good customer (payments made a couple of days late shouldn't make them think you're a bad customer).

You could also try planetfeedback.com. If all else fails let them know (politely) that you will have to tell all of your friends and family members your negative experience with them. They don't want the bad PR, especially over something so minor as a few late payments.

If all else fails, keep collecting your documentation and file a lawsuit against them for FCRA violations. Maybe you can get some money out of them and get their name in the paper. :-)

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Good letter but I don't think I would furnish CRA with my phone number. They will only sell it to other companies. No reason to allow them to make more money off of you. :-)

If your wife has never really been very late, then I think I would try to contact someone in the jeweler's upper management. I wouldn't think they would want to drive away a good customer (payments made a couple of days late shouldn't make them think you're a bad customer).

You could also try planetfeedback.com. If all else fails let them know (politely) that you will have to tell all of your friends and family members your negative experience with them. They don't want the bad PR, especially over something so minor as a few late payments.

If all else fails, keep collecting your documentation and file a lawsuit against them for FCRA violations. Maybe you can get some money out of them and get their name in the paper. :-)

Thats funny you advised this. We contacted upper management of the credit department of the Jewlers. THEY DON'T CARE. They act as though they are just trying to put in their 8 hour day and go home. Everytime we call back, there is no notes in the computer and they don't remember any conversation. One time a lady did help us and promised to fix everything. The next time we called, we found that she is no longer working for the company and that THERE IS NO NOTE IN THE COMPUTER.

We even told them that we have copies of the check showing the date that they cleared. They said......"Well it might have cleared your bank account, but we did not post it till...

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J Snow- (is that short for JT SNOW? LOL)-

Please read my recent post on TU Priority Dept for the answer to that question. In short, it enables TU to avoid speaking to a consumer by routing them to a voice mailbox--this is precisely what is occurring with me. I have little doubt that most consumers (the vast majority) in Priority do get their calls returned. My calls were returned for nearly two years, but not in the past two months.

BK, do NOT, I repeat do NOT fail to voice your dispute THROUGH THE CRA. Excuse me for being so adamant and repetitive, but it is very important because an OC is not likely to be held liable under the FCRA for furnishing inaccurate information to a CRA unless they are notified of your dispute THROUGH THE CRA. This is the structure of Section 623(B) and it has been upheld in the manner that I have described by federal courts. There may very well be state laws that an OC may be liable under for furnishing false information in the absence of receiving a dispute through the CRA. The OC can definitely be liable to the Government for furnishing false information in the absence of receiving your dispute through the CRA pursuant to Section 623(a), but NOT liable to you under the FCRA UNLESS they receive your dispute THROUGH THE CRA.

Excuse me for being loud, but I sense(d) that you are limiting your dispute to the OC--no bueno.

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J Snow- (is that short for JT SNOW? LOL)-

Please read my recent post on TU Priority Dept for the answer to that question. In short, it enables TU to avoid speaking to a consumer by routing them to a voice mailbox--this is precisely what is occurring with me. I have little doubt that most consumers (the vast majority) in Priority do get their calls returned. My calls were returned for nearly two years, but not in the past two months.

BK, do NOT, I repeat do NOT fail to voice your dispute THROUGH THE CRA. Excuse me for being so adamant and repetitive, but it is very important because an OC is not likely to be held liable under the FCRA for furnishing inaccurate information to a CRA unless they are notified of your dispute THROUGH THE CRA. This is the structure of Section 623(B) and it has been upheld in the manner that I have described by federal courts. There may very well be state laws that an OC may be liable under for furnishing false information in the absence of receiving a dispute through the CRA. The OC can definitely be liable to the Government for furnishing false information in the absence of receiving your dispute through the CRA pursuant to Section 623(a), but NOT liable to you under the FCRA UNLESS they receive your dispute THROUGH THE CRA.

I don't intend to say that my information is 100% accurate as there may be some instances in which an OC is liable under the FCRA even absent receiving a dispute through the CRA. My statements are accurate to a very high degree, however. Please feel free to cite a case where an OC has been held liable for furnishing false information to a CRA when the OC has not been notified of that dispute through the CRA. I can cite any number of cases where the OC has not been found liable under the FCRA BECAUSE the consumer's dispute was not received by the OC "through the CRA." Virtually no legal conclusion is 100% true, though some are very close to 100% true and some are in fact 100% true. (my general theory)

Excuse me for being loud, but I sense(d) that you are limiting your dispute to the OC--no bueno.

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Hmm, I think I would dispute with CRA's and get a good deal of evidence against the jewelers. Then, I would write a ITS to the company and also a formal letter of grievance to the BBB in your area as well as the State Attorney General's Office. After all, it's the squeaky wheel that gets greased! :-)

If all else fails... take them to small claims court and try to get some money out of them. Your case seems pretty blatant on their part.

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PS

If I were in your sistuation, I wouldn't do any further business with them or the CRAs over the phone. Make all communication via mail or fedex or something along those lines. If they call you, try to record the conversation (for evidence) and make sure you tell them first they are being recorded. This tends to make them do better.

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I read on one of these discussion groups that something like 35 states allow phone calls to be taped, so long as one of the parties is aware of it. The other 15 or so require both parties to give consent but that most courts have found that if you tell the bill collector (or whoever else it might be) that you are taping the conversation and they continue to talk, then they are giving implied consent.

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I read on one of these discussion groups that something like 35 states allow phone calls to be taped, so long as one of the parties is aware of it. The other 15 or so require both parties to give consent but that most courts have found that if you tell the bill collector (or whoever else it might be) that you are taping the conversation and they continue to talk, then they are giving implied consent.

If the call goes across state lines, then the federal law applies and you just have to tell them your taping it.

I like Methuss' approach-stick it in your DV letter or any other correspondence to a CA-'Be advised that any telephone calls to me will be recorded'.

Then you dont have to say anything to them. Sneaky!

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GD, will depend on each state's law. The federal law speaks to one party consent, but states are allowed to make their own stricter criminal laws. 18 U.S.C. Section 2511(2)(d).

Some states allow taping but not disclosure of the contents of the tape recording. Michigan appears to me to be one of those,maybe...fuzzy and I would want to look at the case law to say one way or the other.

If you have two states that each alllow one party consent and disclosure of the contents, then it is fine to tape and disclose. This is NOT intended as legal advice--I rarely find it necessary to say that, but this is definitely one of those circumstances where I must! :)

Pennsylvania is VERY strict.

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