Dispute of late payment will at war on activation

Izzy

Dispute of late payment will at war on activation

Postby Izzy » Wed Oct 26, 2005 4:19 pm

how does on dispute a late payment when you are military personal and you have been away at war during that late payment? Can it be disputed?

David A. Szwak

Active Military Duty; Lender May Violates SSRA

Postby David A. Szwak » Wed Oct 26, 2005 9:29 pm

You need to send a written dispute letter to the national credit reporting agencies, Experian, Equifax, Trans Union and Innovis and show proof that you are [were] active military and on duty at that time and contest the late pay remarks accordingly. Also, carbon copy a copy of the letter to the Supervisor, Legal Dept., for the subject lender/furnisher. That should take care of the problem. You might attach copies of any relevant documents proving your points and dispute. Keep us posted if you need help following up on the issue. Best wishes. David Szwak

Gordon Leech

Disputing Late Payment While On Active Duty in Military

Postby Gordon Leech » Thu Oct 27, 2005 5:38 am

Izzy:

You may have a right to dispute the late payment entry on your credit report due to the Servicemember Relief Act passed in 12/2003. You should contact a military legal assistance office to initially determine if it applies to your situation. You should also dispute the entry with the Credit Reporting Agencies. See the Dispute section of this website, www.MyFairCredit.com, for sample letters and procedures that you can follow.

To find a legal assistance office in your area, copy this link to your browser, and it will help you find the nearest legal assistance office to you: http://www.jagcnet.army.mil/JAGCNETInternet/Homepages/AC/Legal%20Assistance%20Home%20Page.nsf/4e83160f563ce6fc852568f90058f0f6/970c30ba199e7f6e85256b200052ed2a?OpenDocument

Part of the new law that may give you some relief is section 203. It provides:
‘‘SEC. 203. FINES AND PENALTIES UNDER CONTRACTS.
‘‘(a) PROHIBITION OF PENALTIES.—When an action for compliance
with the terms of a contract is stayed pursuant to this Act,
a penalty shall not accrue for failure to comply with the terms
of the contract during the period of the stay.
‘‘(b) REDUCTION OR WAIVER OF FINES OR PENALTIES.—If a
servicemember fails to perform an obligation arising under a contract
and a penalty is incurred arising from that nonperformance,
a court may reduce or waive the fine or penalty if—
‘‘(1) the servicemember was in military service at the time
the fine or penalty was incurred; and
‘‘(2) the ability of the servicemember to perform the obligation
was materially affected by such military service.

Good luck with it.

Gordon Leech


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