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Need some input on this ITS response


ec61975
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I recently mailed off a ITS letter on April 12th. I also mailed copies of the same letter cc to the BBB, AG and all 3 credtit reporting agencies. Today I recieved a response from the credit card company stating that what they report is Zero balace, paid collection , Zero balance. the only thing of those items that are actually reporting correctly is a Zero Balance on all 3 Credit Bureau's.

between All 3 credti bureaus there were 12 violations (4 per Bureau) on my credit report.

Here is the whole story. Had a Credit card with a $200 limit. I used it, and made a few payments but my income fell short and they closed the account. i forgot about it. but when I started working on my credit I paid it off. Then I pulled my bureaus and found errors on my report, I disputed them and they verified all of the information. I waited a couple months and disputed the innacuracies again. (they were showingme 120 past due on one bureau and a charge off on another 3 months after I had paid it off.) They once again verified the information. and once again the lates and charg off were moved. So now an account that was paid off in April or May of 2004 is chowing me 120 late on one bureau and a Charge off on another in November of 2004. (so I was 120 days late and Charged off 6 months after I paid them off.

So I sent the ITS letter, and 2 weeks later got a letter saying what was stated in the first paragraph. But also noticed on my last PG pull before it turned to monthly that they didn't move the last 120 day late this tim, they just added another so on EQ it shows me as being 120 days late in November 2004, and 120 days Late in February 2005. both of these lates are 6 and 8 months after the account was paid off.

Should I wait for them to respond to the Attorney General and Better Business Bureau. Or should I just file a lawsuit now, since I have the response from the company.

Also, I believe My state FCRA is a mirror of the Federal FCRA. Can I sue for State and Federal FCRA Voilations combined. Or willI have to file 2 lawsuits to do it. The Credit card compnay has currently racked up $13,000 in Federal FCRA violations, and if I can go for both State and Federal Violations in one shot basically doubleing amount to $26,000.

I really do appreciate your help on this, but seeing as they are the last Item on my credit report that is negative. I have disputed the inaccurate information multiple times trying to get it corrected and instead of correcting the inaccurate data on my credit reports, the are re-aging a paid account that went to collections.

Thanks again. sorry for the length of this.

ec

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Who did you send the ITS to? The furnisher of information? Or the CRA? IF it's the CRA, the whole FCRA is your playground (and yes, if you have a state FCRA you can sue for that as well--though you'd have to get a really friendly judge to have it fly). If you sent it to the furnisher...as recovering said, most of the FCRA is useless to you.

However...if you disputed with the bureuas...and the creditor verified...that gives you S-2b violations under FCRA, so you have a little something there.

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I sent the ITS to the furnisher, and there were a couple reasons that I did that.

first - was I disputed it at least 2 times (maybe 3 or 4) with every CRA and they verified it every time.

second - the credit card company charged it off in December 2003.

I paid it off in April/May 2004

I disputed it in November with the CRA's and when they verified they re-aged the Debt. to June 2004. showing me past due 120 days (60 days after it was paid.)

I disputed again in november and the re-verified the information and again re-aged the debt showing me 120 days past due ( 6 months after it was paid)

I sent out the ITS to the creditor and CC to all credit bureaus, Attorney General and the Better Business bureau, and they send me a letter stating that they are reporting it as closed, Zero Balance, paid collection. but again reaged the debt showing me 120 Past due in January 2005 (8 months after it was paid).

I sent the OC a copy of the section of the report with the inaccuracies in the intent to sue. with all 12 inaccuracies highlighted.

here is how it is listed on my credit report.

Equifax

ACCt number XXXXXXXX

Acct Type: Open Account

Account Status: Open

Monthly Payment: $0

Date Open: May, 2002

Balance: $0

Terms: N/A

HIgh Balance $199

Limit: N/A

Past Due: $0

Remarks: N/A

Payment Status : At least 120 days or more then four payments past due.

2 Year Hist: 120 Days Past due November 2004, 120 Days past due February 2005

Experian

Acct Number XXXXXXX

Account Type: Credit Card - Revolving Terms

Acct Status: Closed

Monthly Payment: $0

Date open: May 2002

Balance: $0

Terms: Revolving

High Balance: $199

Limit: $200

Past Due: $0

Remarks: N/A

Payment Status: Paid, was a collection account, insurance claim or goverment claim or was terminated for default/

2 Year history: Charged off December 2004

Trans Uniion

Account Number: XXXXXX

Acct Type: REvolving Account

Acct Status: Closed

Monthley Payment: $0

Date Open: May, 2002

Balance $0

Terms: N/A

High balance: $199

Limit: $200

Past Due: $0

Remarks: Paid Collection

Payment Status: Payment after charge off / collection

2 Year: none shown

so they have the account marked as an open collection, closed revolving collection, I have credit limits, am currently 120 days past due on equifax. and in currently in charge off status in Experian, and a revolving collection account on Trans Union with a limit, but no terms.

It seems as though it has been re-aged every time I disputed it. Even though the Debt has been paid in full. I have disputed the information with All 3 credit bureaus and had it verified even though it is innacurate. And when I spoken to the credit card company to try to get them to fix it they have told me that there is nothing they can do. and will give me that dated that I disputed the information as inaccurate and when they verified the inaccurate information.

This is the last derogatory account on my credit reports. and it is bringing my beacon scores below 600 when I am trying to buy a house. The current 120 day lates are raising red flags because I was recently delinquent 4 months (re-aged) and I would have a much higher beacon score even it it was still on my credit report but reporting correctly as being cahrged off 1 1/1 years agor and not in the last couple months.

I figure with the eroneous charge off dates, late dates, accounts still showing as open revoling collection accounts that have credit limits that I can not use alogn with multiple disputes listing all the erroneou informationa, so basically re-verifiing once again off my ITS and adding another 120 late to my bureau (retaliatory) has got to be a winnable battle.

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