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Delinquencies from creditor due to them having the wrong last name on file


ridinhd
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I have a loan which has been sold multiple times and was always paid on time prior to the latest company owning it (on automatic payment). The current company stopped taking money out of my account 2 years ago and never told me that automatic payments had stopped (through their site). I figured this out looking at my credit report that I was 150 days late and immediately called them to fix the issue. During this call I determined they had the wrong last name on file (it is my account, but this isn't my maiden or married last name). So they said because of this the draft had stopped. They refused to fix the credit reporting because they say its my fault and that i should have told them when i changed names (again this was never my name). So i set up automatic payments again and thought everything was fixed, well the same thing happened again last month. Again I brought it up to date and they are refusing to remove this or the old delinquencies on my report. I asked them why they didn't send a letter to tell me i was late or that they were reporting to the bureaus and they said they did, but then i pressed more and the only address they have is from new because I just moved. They also still have the wrong name on file.

I have disputed the issue a year ago with Equifax and got verified in return. What is the best way to dispute this with the other two, and get it removed or deal with the loan company itself?

Edited by ridinhd
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If it was me, I might sue them. It can depend on whether there was sufficient time for me to notice that their automatic withdrawals were not going through. If these are names you have never had, it is clearly their error, and they need to fix those errors in a way that causes the account to now reflect the condition that would be if the error had not happened (e.g. current state is account is current, paying as agreed, or whatever).

Even if they make a mistake, and compound that by failing to notify you (which might fail because they screwed up their records), it is also your responsibility to check your account records and contact them in a timely manner. This responsibility isn't so much for their benefit as it is for yours if the matter ends up in court.

Do keep in mind that this is a common pattern for collectors trying to set people up for defaults so they can sue for the full amount. These may be scumbags trying to pull just that. If you don't get satisfaction, you might also want to report them to various state and federal agencies (AG, FTC, etc), about their failure to keep proper records.

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You need to send a dispute to all three CRAs and send the same letter to the company that is reporting in error. By doing this you are giving the creditor a chance to correct their error, but if they do not correct, you can file a FCRA suit against them. Here is the letter I would send them:

Date

Experian Information Solutions PO BOX 2002 Allex, TX 75013

Equifax Information Services PO BOX 740241 Atlanta, GA 30374

TransUnion PO BOX 1000 Chester, PA 19022

Add Creditor's address here

Re: Your Name

SSN:

DOB:

Current Address:

Reference Account in Dispute: Name of creditor

Dear Sirs: I am sending you this letter to dispute inaccurate information in my credit file and obtain the correction of it without any further expense. You are reporting inaccurate inaccuracies and late payment information on my credit that I would like you to re-investigate and remove. See attached Credit Report showing the circled trade lines I want investigated and removed.

This should not be on my credit report.

Account Number:

__________________________________________________ _______________________

Reason: Explain why the account is inaccurate and provide documentation backing your reason. Ask for after the investigation they send you method of verification.

__________________________________________________ ________________________

Accordingly, please remove the trade lines on my credit history as detailed above. Also, please send a copy of this letter and attachments to your customers when you convey my disputes.

Also, please call me immediately if you need or will accept additional information to support my disputes. My phone number is (XXX) XXX-XXXX. Thank you very much in advance of your time and help.

_______________________

Your Name

Cc: Furnishers

Enc:Copy of Drivers License, documentation and copy of utility bill

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