TU 'verified' information help

[Yogurt]

I had received a retail merchant credit card that was only to be used at that merchant's store. They only reported to TransUnion.

About 9 months later, I applied for a Visa version of the same retail card and was granted. This is an upgrade from the merchant card so it closed out the old account. This card reports to the big 3 but has a different account number and different name than the previous merchant only card.

Since then I have had a few late payments on my Visa, to the point where they closed my account (still expect me to pay I think) but I disputed it on my TU report anyway. I also disputed the original merchant card informing them that is it is 'Paid. Closed at Consumer's request'. TU finally got back to me with the results.

Both Visa and regular merchant cards were 'verified' with the same information. I now have two separate accounts showing the exact same credit limit, high credit, and the exact same late payments. Am I right in thinking this is two major violations of the FCRA and lawsuit worthy?

I am under the impression I can not only demand the merchant card be restored to it's glory but since they didn't fully verify the late payments on the Visa, I can demand those removed. However I do have some concerns if that is accurate at all:

Can the late payments be put back on my report? I still owe quite a bit on the Visa card and have no chance in paying it off quickly. However I have been making the payments on time to a closed account and it is being reported as such.

Would I be better off asking for deletion of the Visa account? Can it be brought back onto my report in a month once I make my next payment? Once again, I can't afford to pay it in full. Plus I am hoping to 'negotiate payment for deletion' once I can. If I need to.

Would asking these things result in a second dispute verification process and I would need to wait another month? It seems rather obvious when I show them proof that they combined the two accounts and proof that my previous merchant card was in good standing so I should hope they fix it quickly.

I also have other items I disputed. Does the fact that they did not verify these two items reflect on the whole process? In other words, can I demand that the rest of the items be deleted because I have proof they didn't verify some of it?

Does anybody know a timeframe to expect word back from TU?

[Hal Jordan]

Originally Posted by Yogurt

Both Visa and regular merchant cards were 'verified' with the same information. I now have two separate accounts showing the exact same credit limit, high credit, and the exact same late payments. Am I right in thinking this is two major violations of the FCRA and lawsuit worthy?

Nope... This is NOT a major violation of the FCRA.. certainly not yet. You have just begun. The next step now that the credit bureuas have verified this account is to file a 623 with the original creditor and request one of them be deleted as a duplicate.

Originally Posted by Yogurt

I am under the impression I can not only demand the merchant card be restored to it's glory but since they didn't fully verify the late payments on the Visa, I can demand those removed. However I do have some concerns if that is accurate at all:

To it's glory? You mean have the card re-instated as open? Lol.. ummm, no... Not even close... And No, you can not have your late payments removed because they are reporting a duplicate payment history to a prior closed account.

Originally Posted by Yogurt

Can the late payments be put back on my report?

Yes, in fact by law they are required to because they are legally obligated to report accurate information to the bureaus.

Originally Posted by Yogurt

I still owe quite a bit on the Visa card and have no chance in paying it off quickly. However I have been making the payments on time to a closed account and it is being reported as such.

Very good. This is how you avoid this going to collections or having a law suit filed against you.

Originally Posted by Yogurt

Would I be better off asking for deletion of the Visa account?

You could ask but you are extremely unlikely to get it. The only way you'll be able to get a deletion will be if they can not satisfy the requirements of the 623 request because they don't keep detailed records. Otherwise your only other option would be a pay for delete. (pay off the account in full in exchange for them deleting the negative tradelines from your reports)

Originally Posted by Yogurt

Can it be brought back onto my report in a month once I make my next payment? Once again, I can't afford to pay it in full. Plus I am hoping to 'negotiate payment for deletion' once I can. If I need to.

What do you mean.. brought back to your report? Yes, it will stay on your report for 7 yrs 180 days from the date it happened unless you can get them to delete it for payment, get the credit bureaus to delete it via a dispute, or they fail to meet the legal requirements of the 623.

Originally Posted by Yogurt

Would asking these things result in a second dispute verification process and I would need to wait another month? It seems rather obvious when I show them proof that they combined the two accounts and proof that my previous merchant card was in good standing so I should hope they fix it quickly.

You need to ask for the MOV for both disputes (I made a step by step thread here on what to do once the bureaus verify a debt).

Originally Posted by Yogurt

I also have other items I disputed. Does the fact that they did not verify these two items reflect on the whole process?

No, each dispute is handled as if it were the only one. They are required by law to follow proceedure for verifying each debt that is disputed regardless of how many are disputed at once.

Originally Posted by Yogurt

In other words, can I demand that the rest of the items be deleted because I have proof they didn't verify some of it?

Ummm, No... I'm not sure where you've gotten some of the ideas you have about this stuff but they are not anywhere close to being accurate. You can not have some negative items deleted because they violated the FCRA or FDCPA in verifying a seperate account.

Originally Posted by Yogurt

Does anybody know a timeframe to expect word back from TU?

Nope.. from my personal experience TU takes about 3-4 weeks usually for each dispute round filed.

[Yogurt]

Originally Posted by Hal Jordan

To it's glory? You mean have the card re-instated as open? Lol.. ummm, no... Not even close... And No, you can not have your late payments removed because they are reporting a duplicate payment history to a prior closed account..

Actually I just want the mercant card marked as closed by consumers request. That was the dispute all the while. I closed it when I got the Visa version. Apparently from what you are saying, it doesn't really matter. Transunion can screw up my report and not be held responsible.
They took a positive item on my report and combined it with a negative item. Now I have two items reported as negative and my score has gone down from their mistake. How can you tell me that is not lawsuit worthy?

Instead I get to spend more time arguing with the creditor themself and have this extra blemish on my credit report the whole time? Doesn't seem right. The creditors are going to take a month and then Transunion can take another month. TU verified this information, TU should be the one to fix it. At least that is what makes common sense... I realize I live in a non-common sense world.

[Lian]

If I understand your post, you had a first card with the OC that was closed, in good-standing, and you opened a second card with them upon closing the first card. Then delinquencies occurred on the second card, which were also reported on the first card. Thus, the two accounts are separate, with separate agreements with the OC.

If the first card was closed in good-standing ($0 balance due), it is inaccurate to report delinquencies that occurred under the terms of the second account as having occurred under the terms of the first account. The key is showing that the first account was closed in good standing prior to the date of any delinquencies. Who initiated its closure is kinda immaterial.

You apparently had what amounted to two disputes of reported inaccuracy, one pertaining to the first card, and one to the second. How did you dispute these? Did you lump them together, or did you make it clear that they were separate disputes, one for each account reporting? What did you dispute regarding the reporting on the second card? I dont see, from your post, any evidence of inaccuracy of reporting on the second account. It appears that they did not treat your dispute as it applied separately to each account, but merely verified the accuracy of the reported delinquencies on the second card, and considered that to be a verification of whatever you disputed. It is thus critical to know exactly what you said in your prior dispute.

You needed a separate and clear dispute, directed only at the inaccuracies reported on account one to deal with the issue of inaccurate reporting of delinquencies to that account. If the facts are as they appear to be, that should be a slam-dunk deletion of the delinquencies from account one if it was, in fact, closed with a $0 balance due.

I suspect some irregularity in your dispute process, for the facts you relay just don't make sense to me. Disputes on each account should not pertain to any information on the other. Can you clarify?