What's the best way to dispute Chex entry?

[sunshine9924]

Okay - I'm prepared for people to say I made a bad choice after they read this. I am aware of it. - Sorta long story - will try to make it short.

 

Nitty gritty is that I have what I believe is an erroneous listing on Chex and it's from 12/27/07. I need to figure out how to get it off.

 

 

One of my ex-BF drives truck, over the road, and he is mildly learning disabled so he doesn't do math very well and I've handled most of his taxes, finances, etc. for quite some time.

 

Last summer, he set up an account, and asked me to put my name on it as a joint account holder so I could more easily take care of his finances.

 

I don't know why, but I went ahead and did it.

 

In August, he overdrew the account by about $506. He contacted their recovery department who paid off the OD, kept the account open and set up an agreement to make 6 monthly payments to pay it off.

 

He stupidly assumed the bank would automatically take out the money from his account each due date. He was actually supposed to call and authorize, and US Bank reserved the right to take it out if he failed to make the payment.

 

He called for the first one, but never called for Nov or Dec payment.

 

On 12/19 US Bank decided to debit the account for two payments ($168.70) and OD the account. After fees and some POS trans went through, it was OD by about $315 and I got a notice that it was going to close for NSF.

 

On 12/27, I bailed him out so that the stupid thing wouldn't close. I wired $330 and told him to leave the $14 and change alone. BUT No one at US Bank told me there was a $15 incoming wire fee when I called to get info. They closed the account the next day anyway, for a balance of negative 82 cents. They charged a $7 neg fee and a $30 forced close fee first, though.

 

I called and got it straightened out. They re-opened the account. Ex-BF still has 2 more payments to make on the original OD.

 

US Bank reported me on 12/27 to Chex. It says for $537 which is the wrong amount and says reason is "Account Abuse."

 

Whether they were talking about the original OD from last fall, or the 12/27 amount, it's the wrong amount.

 

Then I saw an inquiry by my own CU on 12/28. My CU (whom I've been with for 13 years) didn't do anything, but I wonder how they were tipped to pull a Chex inquiry the day after US Banks' entry?

 

HOW do I get this off!

[sunshine9924]

^

[mca]

There is no for sure way to get removal from chexsystems. Chexsystems is a CRA.

 

Here is the way the process works:

 

CHEXSYSTEMS

 

Step1. INITIAL DISPUTE LETTER

 

Chexsystems has 30 days from the date they sign for the letter to

respond.

 

NOTE: If you got your report by requesting a free annual report, then

the law extends the dispute notification period to 45 days.

After getting your letter they must:

 

1) Confirm that they contacted someone to verify the information.

-The disputed information then stays in your report.

 

2) Confirm that they could not verify the information.

-The information is deleted from your report.

-You receive an updated report (minus the disputed info).

 

Step2. NO RESPONSE TO DISPUTE LETTER

-You Send a Demand for Removal letter because they did not respond.

-No response means they did not confirm. Therefore, the information

must be removed.

 

**3. DISPUTED INFORMATION NOT DELETED

-You send a Procedural Request letter. If they say they confirmed the

information, the law gives you the right to then verify how they

confirmed. They must send the Address, and Telephone Number of the

individual or business they contacted within 15 days, so that you can

confirm it.

 

**4. LEGAL ACTION

-Before pursuing legal action, you have to build a "case". You should

be able to prove there was an error, you notified them, - but they did

not correct it. You want to also show their failure to remedy the

situation has harmed you financially (unable to open an account,

etc.).

 

-If you applied for an account and were declined based on the

information, that provides additional documentation. Fines, etc. are

outlined in the Fair Credit Reporting Act. Most state law conforms to

the FCRA, but there may be a state law where you live that outlines

specific remedies.

 

State Laws: http://www.privacyrights.org/fs/fs27plus.htm

 

FCRA: http://www.ftc.gov/os/statutes/fcra.htm

 

THE REPORTING BANK

 

1. Has the bank made a reporting error? The law requires banks to

report information that is 100% accurate.

-If so, you send a Demand for Removal letter to a bank manager or

executive, notifying them of their FCRA violation.

-Examples: Incorrect name, SSN, address, dollar amounts, date of last

activity, date account first became negative.

 

**NOTE: Chexsystems allows the vague "NSF" and "ABUSE" flags because they are harder to dispute and remove. There are no clear standards for what is considered NSF or ABUSE. They can mean anything a bank wants them to.

 

What proof do they have to flag an account NSF or ABUSE?

 

2. Do the facts support filing a complaint with the agency in your

state that regulates and handles banking? You can get the agency

information by calling the clerk in your state attorney general's

office. Will the complaint hold, or is there any statement in the

account agreement you signed when you opened the account that will

protect the bank?

 

As far as getting removed....I would suggest you read the info below

and see if it can be a help to you.

 

Chexsystems removal help

This is the information needed before recommending a Chexsystems

dispute:

 

1) What does your Chexsystems report say . . . does it indicate a specific

dollar amount is owed, or does it list NSF Activity, Account Abuse,

etc. ** The objective is to catch them reporting incorrect information

or an inaccurate amount.

If the report says NSF Activity or Abuse, was there a negative balance

on the account? Has it been paid?

 

2) When was the entry added to your Chexsystems report? If the account became negative - when was the first month it was negative? What month was it closed and when did the bank report it to Chexsystems? **This helps determine when the five year clock should start ticking - and when the account should have been reported by the bank.

 

 

Again, you are looking for any type of inaccuracy you can hold them

accountable for. The FCRA specifies that only accurate information can

be reported, and it provides a time requirement for reporting negative

information. Banks cannot wait and report negative accounts when they

want to.

 

3) Did you receive a collection notice from Chexsystems?

**THIS IS VERY IMPORTANT! If you receive a collection notice, then it is different. Chexsystems then must adhere to the Fair Debt Collection Practices Act. The FDCPA says they MUST validate -- provide a full account history of all statements, signature forms, etc.

 

4) Were you the primary account holder? **If not, did you ever sign a

signature form or use the account? Yes Chexsystems is subject to the

same rules/regulations as set forth by the FCRA. You should first

"dispute" the item with Chexsystems and if it comes back "verified"

within the 30 day time frame, you should request "validation" of the

debt. BE SPECIFIC if you request validation.

 

Ask for original copies of your signature, etc. If you don’t , they

will send you some bogus documents and call it validated and then call

it a day. Most people on here have dug their own grave with the

reporting bank, and are hoping the bank does not verify the chexsystems item within the allotted time frame. This can and does happen. Especially if

you are dealing with a BIG bank (BofA, Wells Fargo).

 

There are several methods you can use for deletion. Some go for the method that essentially catches Chexsystems in a FCRA violation.

Oftentimes they use the "violation" as leverage for deletion.

 

Another avenue to go if you can’t get your item removed. Being listed

in Chexsystems SEVERELY (if not completely) restricts your banking

abilities. They can be held liable for multiple FCRA violations if the

information they have on you is not correct..the inforamtion must be 100% correct.