Category Archives: Disputing Credit Reports

Information related to disputing inaccurate information on your credit report in Fairfax, Arlington, Alexandria, Sterling, Manasass, Woodbridge, Fredericksburg, Stafford, and Richmond, Virginia.

How does a credit reporting agency create my credit file?

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Credit reporting agencies create a consumer credit file when banks, credit card companies, collection agencies, etc. (“furnishers” as defined by the Fair Credit Reporting Act) provide credit information about their experiences with a consumer.  These experiences can be credit inquiries, on-time payments, late payments, or charge-offs.  Furnishers typically provide this information to the credit reporting agencies in the industry standard Metro 2 Format.

The Metro 2 Format is an electronic mechanism so that credit reporting agencies have a standardized system to receive and report credit data in electronic form.  As part of the format, credit information such as account type, account status, account balance, and account history is converted into Metro 2 codes that can be associated and reported with the identifying information for an individual consumer.  The organization and maintenance of this information results in what the consumer refers to as their respective “credit file.”  Conceptually the credit data information maintained on a consumer is more like data in a cloud that can result in a different credit file for a consumer depending upon the information input in the inquiry process as part of a credit application.  Most consumers are surprised to learn that credit reporting agencies do not keep copies of the credit reports that are issued when a consumer applies for credit.  The credit reporting agencies use matching algorithms that are programmed to place certain information in specific places and provide a credit report.  These reports are organic in the sense that the information reported can change depending on the time and circumstances.  When a credit reporting agency receives Metro 2 data from a new furnisher regarding a consumer, the credit reporting agency attempts to match that new information with the best possible match of credit data already in possession of the credit reporting agency.

Credit report errors of mismatched or mixed credit information occur when the data received by the credit reporting agency is associated with the file of a different consumer.  Mixed credit information can be the result of the incomplete or inaccurate information being associated with the wrong consumer.  For example, a furnisher could transpose the social security number digits on an account that would result in the information being associated with the wrong consumer.  Similar names or similar social security numbers for individuals that live at the same addresses can cause data to be mixed inaccurately and lead to a credit report error.  The end result can be catastrophic if the inaccurate credit information is placed on a consumer’s credit report just as the consumer needs to use their credit to obtain a mortgage or buy a car.

When a credit report error happens, the consumer should dispute the inaccurate information immediately with the credit reporting agency.  Please see my previous post with helpful information on how a consumer can dispute inaccurate information on their credit report.  If you would like to speak to me about inaccurate information in your credit report or a credit report error about an employment related credit report, please contact my office at (703) 390-2905.

How a settled charged off debt should report on your credit report.

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When a consumer pays in full a charged off account the balance should credit report as zero with the appropriate status code, “Paid/closed-was a charge-off.”  If the consumer does not pay the full balance after a charge-off as part of a settlement, the account status code credit reported is “Paid in full for less than the full balance.” 

The credit reporting errors that our office sees most frequently related to paid charge-offs happens when the furnisher continues to report a balance after the consumer has made the settlement payment on the account.  The furnisher will continue to report an amount in the balance status even though it has accepted a settlement payment.  Credit report errors of this nature are particularly  frustrating because the credit report continues to report the past due balance as owed when the consumer has paid and settled the debt.  Consumers are contacting our offices looking for a Northern Virginia credit report lawyer who can assist them in having a settled charged off debt report correctly on their consumer credit report. If you have a credit report error, you should contact me at my office in Reston, Virginia at 571-313-0412.

Consumers often encounter a financial set back, which results in credit cards and loans being charged-off by the original creditor or a bankruptcy.  After an account is charged-off with a past due balance owed, consumers may wish to settle the debt for less than full balance owed as a means of beginning to rebuild their credit and credit file. If you are going to settle a past debt with a creditor or debt collector, I would recommend getting the terms of the settlement in writing prior to making any payments, so the obligations of the parties are clear.  Many creditors will not agree to delete derogatory items from your credit file as part of a settlement, but  they do have an obligation to report the debt accurately on your credit file after you make the settlement payment.  Based upon generally accepted credit reporting guidelines authored by the Consumer Data Industry Association, when an account is paid in full for less than the total amount owed, the creditor should report the current and past due balance as zero with a special notation that the account was paid in full for less than full balance.

Paid charge-off accounts credit reporting inaccurately are similar in nature to inaccuracies related to bankrupt accounts previously discussed.  While previous charge off accounts and bankruptcies are bad credit events in the past, the passage of time allows the consumer to rebuild their credit profile.  When credit report errors persist,  the consumer can never receive the fresh start to their credit that they have earned and should hire an attorney to assist them to recover damages for an inaccurate credit file.

 

How should my accounts credit report after filing bankruptcy?

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The type of bankruptcy filed, the status of the bankruptcy proceeding, and whether the debt has been discharged determines how credit reporting agencies report accounts after bankruptcy filing.

Furnishers of information credit report the bankruptcy status of an account to the credit reporting agencies as part of the consumer information indicator field in the Metro 2 data sent to the credit reporting agencies.  As for a Chapter 7 bankruptcy, for the month that the Chapter 7 bankruptcy is filed, the furnisher should report in the consumer information indicator field that a Petition for Chapter 7 bankruptcy has been filed.  For the time period between the filing of the Chapter 7 bankruptcy and the discharge, the furnisher should continue to report the same consumer information indicator to report that the account was included as part of the bankruptcy.  After the debt is discharged in the Chapter 7 bankruptcy, the furnisher should update the consumer information indicator field to indicate that the debt has been discharged which will assist the credit reporting agencies so that they do not report an inaccurate past due balance or derogatory status after a bankruptcy.

Equifax, Experian, and TransUnion have also agreed to implement procedures to make sure that debts discharged in bankruptcy do not continue to report derogatory balances or a past due status.  Experian notes that accounts included in bankruptcy will not be deleted from a credit report but that does not mean that a credit reporting agency can report inaccurate information with incorrect past due balances about an account that was discharged in bankruptcy.  While the filing of a bankruptcy is obviously an extremely negative event for a credit report, the purpose of the bankruptcy is to provide a new start so that a consumer can reestablish a credit profile.  Reporting inaccurate credit information about accounts included in bankruptcy can cause significant hardship to a consumer trying to reestablish their credit after bankruptcy.  If you need to obtain a copy of your credit report after bankruptcy to review how the credit reporting agencies note the accounts after bankruptcy, please see my previous post on how to obtain a copy of your credit file.  If you know that you have inaccurate information on your credit report after a bankruptcy discharge, you can dispute the inaccurate information with the credit reporting agency as described here.  If you need any additional information or have any questions, please contact my office at 703-390-9205 to discuss the inaccurate information on your credit report.

How do consumers have mixed credit files?

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If you are a mixed credit file victim in Herndon, Virginia, a credit report lawyer can help you sort out the mess of an inaccurate credit file or a mixed up credit file.

A mixed inaccurate credit file occurs when a credit account belonging to another individual becomes associated with your credit file. This can happen in any number of ways, for example:  incorrect spelling of names, transposition of social security numbers, similar names, two people with nearly identical social security numbers, or the mixing of generational differences like Jr. and Sr.

Our law firm in Reston, Virginia has conducted jury trials involving inaccurate credit reports containing mixed credit files.  From deposition and trial testimony, we have learned that the matching process for associating credit accounts does not require a nine for nine social security number match, does not require a date of birth match, and does not require a name match.  The computer systems simply associate data with other data that may be an appropriate match or may be the credit of a completely different person.  In identity theft cases, we have also seem the identity thief’s actual bad credit become associated with the victim’s good credit.

Consumers do not have a credit file like you would associate with a file in a traditional filing cabinet.  Credit reporting agencies simply maintain data in a cloud like environment.  When a credit reporting agency receives  data from someone requesting a consumers credit file, the credit reporting agency uses the provided information to match the data it maintains, with a credit reporting agency then providing a credit report containing information that best matches the associated data at that particular time.  When credit information contained in the agencies records is incomplete or inaccurate such that it becomes associated with the wrong person, the credit report provided will contain mixed and inaccurate information.  This can be a real problem in dealing with abusive debt collectors because they will collect on an account that is actually the debt of another person with a similar name.

Solving an inaccurate credit report or mixed credit file usually requires the services of an experienced credit report lawyer.  Having dealt with the problems on other occasions, we know how to best solve your particular problem.  If you would like to speak to me about your mixed credit file, I can be reached at 703-390-9205.  Our office also accepts inaccurate credit report cases for mixed credit file victims in Pittsburgh, Pennsylvania.

How does a credit reporting agency violate the FCRA?

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Two core provisions of the Fair Credit Reporting Act require credit reporting agencies (Experian, Equifax, and TransUnion) to adopt reasonable procedures to assure maximum possible accuracy and to investigate consumer disputes of credit information.   Violations can occur if the credit reporting agency creates an inaccurate mixed credit file by placing another person’s information on your credit file, notes a judgment on a consumer’s credit file that a court vacated, or provided any other inaccurate or misleading information on a credit report. 

One of the most common  FCRA violations for a credit reporting agency is based upon the failure to conduct a reasonable investigation of inaccurate information in a credit file after receiving a credit dispute letter from a consumer, which violates 15 U.S.C. 1681i.  After receiving notice of a consumer dispute, the credit reporting agency has a legal duty to review information provided with the dispute and conduct a detailed systematic investigation into the information that is reporting.  Experian was found liable for a negligent investigation of a consumer credit dispute, and the court stated, “When conducting a reinvestigation pursuant to 15 U.S.C. 1681i, a credit reporting agency must exercise reasonable diligence in examining a court file to determine whether an adverse judgment has, in fact, been entered against a consumer.  A reinvestigation that overlooks documents in the court file expressly stating that no adverse judgment was entered falls far short of this standard.” Dennis v. BEH-1, LLC 520 F.3d 1066 (9th Cir. 2008).  There are many other instances when a credit reporting agency can be held liable for violating the FCRA, and a consumer with inaccurate information on a credit report should not hesitate to contact a consumer credit report law specialist. Our office in Reston, Virginia has handled numerous cases involving inaccurate credit reports, and we have litigated inaccurate credit report cases in the Alexandria, Richmond, and Pittsburgh federal district courts.

As for maintaining reasonable procedures for maximum possible accuracy, 15 U.S.C. 1681e(b), requires a credit reporting agency not to just establish reasonable procedures, but to follow reasonable procedures for credit report accuracy.  The remedial purpose of the FCRA to protect consumers would not be achieved if the credit reporting agency simply maintained pro forma procedures without any meaningful effort to follow those procedures to assure accurate credit information.  Credit reporting agencies violate the FCRA when inaccurate information appears on a consumer credit report and the consumer presents evidence that the credit reporting agency failed to follow a procedure maintained to assure that type of inaccuracy does not occur on a credit file.  Because these procedures are confidential in nature, a highly specialized consumer lawyer that has reviewed credit reporting agency procedures for several years will typically be a consumer’s best resource to have inaccurate information removed from their credit report.

As with any credit report problem, I would be happy to speak with you at (571) 313-0412 regarding your inaccurate credit report for potential representation or referral to a specialist in your particular area.

How do you fix an inaccurate credit report?

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Using the provisions of the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, is the best way for a consumer  to solve problems associated with inaccurate information on their credit report.  Passed by Congress in 1971, the FCRA is part of the federal Consumer Credit Protection Act and regulates various entities involved in credit reporting.  The stated purpose of the statute at 15 U.S.C. 1681(b) is “to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a  manner, which is fair and equitable to the consumer regarding the proper use of credit information, as well as assuring confidentiality, accuracy, and relevancy.”

The banking system depends on accurate credit reports and inaccurate credit reports in Virginia, Pennsylvania, and throughout the United States hurt  consumers as well as lenders because inaccurate judgments, tax liens, and other trade lines undermine the integrity of the entire lending process.  Credit evaluation is a vital part of the life of consumers everywhere and can greatly impact the life of its victims.  Through the mechanisms and rights afforded by the FCRA,  incorrect items on credit reports for consumers in Virginia, Pennsylvania, and elsewhere can be removed and damages recovered for the entities responsible.   Please review this previous post for information on how to dispute inaccurate items in your credit report.

3 Notices From The IRS Indicating An Identity Theft Problem

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Identity theft involving IRS tax returns has become an ever increasing problem over the last four years. According to Treasury Department reports, more than five billion dollars in improper refund checks may have been issued to identity thieves in 2011 alone.  If you have an IRS identity theft problem, the agency has established a procedure to assist victims on the identity theft page of the IRS website. As identified on the IRS website, three types of IRS notices can indicate that you may have an identity theft problem with the IRS. The three notices or letters indicating a problem are:

  1. You filed more than one return.
  2. You have a balance due, refund offset, or collection action for a year that you did not file a return.
  3. You received wages from an employer that you do not recognize.

If you receive any of these notices and think that you may be a victim of identity theft, the IRS requests that you take immediate action via an IRS identity theft affidavit.  The details regarding how to complete the affidavit and more information about the process can be found on the IRS website.

If I believed that I had an IRS identity theft problem, after notifying the IRS,  I would also immediately obtain a copy of all three of my credit reports from the credit reporting agencies and look for the signs indicating an identity theft problem on my credit file. If you think that you have been the victim of identity theft, you can review my previous post on the actions that you can take to combat your identity theft problem including links to assist you with identity theft reporting in Virginia.  if you have any questions about how to review your file, I have also discussed how to review your credit file disclosure . For additional questions about identity theft or inaccurate credit reports, you can always contact me at 703-390-9205.

 

Why am I not getting my credit report after my request?

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Previous topics have discussed how to obtain a free copy of your credit report, and how to review your credit report.  However, in some instances consumers have an initial credit report problem because they cannot get a copy of their credit report upon request.  Simple reasons like entering incorrect data, transposition errors, and incorrect responses to security questions could be the reason that a consumer does not receive a copy of their credit report, but a larger problem could exist because of the manner in which credit reporting agencies store data.

Credit reporting agencies receive information about consumers in bulk from furnishers, and they maintain that information as data in their computer system.  When a potential creditor or consumer requests a credit report, the credit reporting agencies place the information provided into a matching algorithm system that compares the data input with all the data that the CRAs maintain.  Because the matching algorithms are proprietary, we do not know exactly how they work, but it has been revealed in trial testimony that a nine for nine match of social security numbers is not a requirement for a particular piece of credit data to match to a credit file.  As a result, if pieces of furnished data are incomplete or inaccurate, the data will not match to an existing file which can cause mixed files, merged files, or multiple files.  Please see my previous post on mixed and merged credit files.

When consumers try to get a copy of their credit report and they are unable to receive the report, the cause could be that the credit reporting agency has a mixed or multiple credit file concern about the data.  The credit reporting agencies do not want to release the wrong consumer file about a consumer that did not request the information, so they typically ask for additional identifying information and release no credit file.  Credit reporting agencies do not want to release the wrong credit file containing another consumer’s information because they could be in violation of the FCRA at 15 U.S.C. 1681b, which regulates how consumer reports can be disclosed.

The problem for the consumers that I have seen is that even after providing verifying information regarding their identity, like driver’s license, social security card, or utility bill information, the credit reporting agencies are still not providing a consumer file disclosure as required under the FCRA at 15 U.S.C. 1681g.  Consumers have real problems in this scenario because they are unable to review the information that may be inaccurate and the source of credit denials.  If you have suffered through multiple attempts to obtain a copy of your credit file without receiving the report, I recommend that you talk to a FCRA lawyer about your situation.  Please feel free to contact me for ideas or suggestions to help you resolve your problem.

Obtain A Free Copy of Your Credit Report After A Credit Denial.

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When a consumer suffers an adverse action after applying for credit, the Fair Credit Reporting Act requires the user of the credit report to send the consumer a notification of the credit denial if that user took the adverse action in whole or in part because of information contained in the credit report.  The credit denial letter has various requirements including notification of the reason(s) for the credit denial, notification of the credit reporting agencies that provided the user with the credit report, and notification that the consumer has the right to obtain a free copy of their credit report from the CRA.  The full rights of the consumer can be found at 15 U.S.C. 1681m(a).

Given that 15 U.S.C. 1681j(b) of the FCRA requires a credit reporting agency to provide a consumer with a free copy of their credit report after credit denial, consumers should obtain their credit file after receiving notice of the credit denial.  To enforce this right, the statute requires that the consumer request the free report within 60 days of receipt of the notification of credit denial.

It is always good to review a copy of your credit file even if you think you know the source of your credit problems. In many instances, consumers have derogatory credit accounts on their credit report that belong to another consumer, unauthorized accounts, or accounts that are reporting too much negative information for the circumstances.  Carefully review all of the accounts that appear on your credit report.  For suggestions on how to review the contents of your credit report, please see my prior post on the topic of how to examine your credit report:

Finally, adverse action letters can be your first notification that you have been the victim of identity theft.  If a consumer has an existing credit line and the bank closes that credit line because of derogatory credit references, the bank must send you notice of that adverse action including the identity of the credit reporting agency that provided the creditor with the credit report.  For identity theft victims, the derogatory identity theft related accounts will cause their creditors to close or limit existing credit lines because of the change in credit history.  Accordingly, a consumer should never ignore a notice of credit denial letter because it can be the first clue that an identity theft problem exists.  Remember that are important items to consider if you may have been the victim of identity theft.

Should you dispute your inaccurate credit accounts on-line with the CRAs?

Disputing Credit Reports

Credit Reporting Agencies are offering consumers the ability to dispute information on their credit report via a direct on-line option under the premise that the dispute will be resolved quicker and faster.  While CRAs are probably correct that the dispute can be processed faster on-line, I believe that it is difficult to provide the type of information necessary in an on-line dispute that is necessary to obtain the desired result of the removal of an inaccurate credit account from your credit report.  In my opinion, the best way to dispute an inaccurate credit report is with a descriptive written letter about the inaccuracy that includes attachments that support your position.

Under 15 U.S.C. 1681i (a)(1) of the FCRA, a credit reporting agency must conduct a “reasonable investigation” of disputed credit information after receiving notice of the dispute from the consumer.  Moreover, the CRA must provide the furnisher with all relevant information about the dispute after receiving the dispute from the consumer. By engaging in the on-line dispute process, a consumer is limiting the amount of information that can be provided, which could alter the quality of the reinvestigation process.

Credit Reporting Agencies presumably like on-line disputes because it allows them to process the disputes cheaper by eliminating the need for an employee to review a dispute letter with attachments. Because the consumer is directly entering information for the dispute, the CRA has the ability to blame the consumer for not providing enough information in the event that the dispute results in an otherwise inaccurate account remaining on the consumer’s credit report.  Given the siginificant drawbacks of engaging in the on-line dispute process, I personally would not dispute an inaccurate credit account on-line through the credit reporting agency. I would always send a full and complete written dispute letter with supporting documentation for the best chance to have the bad account removed from your credit report. For additional information about what happens to your dispute letter after you mail it to a credit reporting agency, please see my previous post:

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