Independent studies indicate that about 70% of all credit reports contain
errors. And about one in four reports have an error big enough to cause
credit to be denied. In fact, the Federal Trade Commission advises checking
your credit report before making any major purchase. That will allow you to
correct any errors before a potential lender asks for your report.
So what should Connie do? First, she'll need to gather some information.
Is her report showing her late once and still in default? Late once and now
current? Or is it showing her late twice?
Since Connie was denied credit because of her report, the company that
denied her the credit must tell her which CRA they used to obtain her
information. And because she was denied credit, Connie has a legal right to
a free copy of the report as long as she asks for it within 60 days.
Unfortunately, the credit reporting agency is not required to seek out
errors in her report. Their only responsibility is to list what's reported
to them by creditors, include any statements about errors from borrowers and
correct any errors found. So Connie is going to have to take the lead to get
things straightened out.
Once Connie receives the credit report she'll need to determine whether
the entries are correct or not. Accurate information will stay on her report
for years. Most items will remain on file for 7 years although bankruptcies
show for 10 years.
If Connie's payment was received early, then it cannot be reported as
late. But she'll need to be able to prove it. She'll want to contact the
credit reporting agency by phone and by registered or certified mail. Her
correspondence should state specifically what the error is and provide proof
to support her claim. The agency is required to investigate the claim within
30 days. They must also forward any relevant info to the lender involved.
Connie will also want to notify the lender by phone and by mail. The
lender must also investigate the claim. Both the company providing the
inaccurate information and the CRA are responsible for correcting any
errors. And, if an item is incomplete, the CRA must include additional
relevant information in Connie's file. For instance, if she was late but is
now current the report can't just show her account as delinquent.
Once the investigation is complete the credit reporting agency must send
Connie a copy of the report. If there was an error and Connie asks, they
must also send revised copies to anyone who has received Connie's report in
the last six months. Like the car dealer.
If Connie feels either the lender or credit reporting agency isn't
responding she can report them to the Federal Trade Commission. To register
a complaint with the FTC call 1-877-FTC-HELP. Connie shouldn't get their
hopes up. The FTC will only look at complaints if they find a pattern of
abuse. They will not arbitrate individual complaints.
Hopefully Connie will be able to get any errors cleared up with a minimum
of difficulty. Unfortunately if she disagrees with either the CRA or the
lender there isn't much that she can do that's not expensive and time
consuming.