13 replies to this topic

[mca]

There are five stages to disputing:

1. Gather the facts and send the initial dispute letter.
2. If the information is not removed, send a procedural request.
3. If the procedural request does not result in removal, dispute with the original creditor.
4. Send the ITS - Intent to Sue Letter
5. File complaints with the bank regulator, the state attorney general - and consider legal remedies.

Step 4 is allowed under FACTA [Amendments to the FCRA]. You can dispute directly with the original creditor if the credit reporting agency does not resolve the situation. The original creditor must investigate and respond within 30 days.

The letter you sent in the message is considered the "procedural request". This is where Chexsystems must show how they "verified" the information with the bank

NOTE: Neither the FCRA or FACTA require them to produce documents as proof. However, they must indicate how they verified.

If it has been 15 days, send the Intent to Sue letter to a Chexsystems executive [I like to send to their legal counsel] for their FCRA violation. Send a certified RRR dispute letter to a bank executive, indicating they are in violation of the FCRA for verifying inaccurate information with Chexsystems.


there are sample letters that can help you in this process at http://www.chexsystemsdisputes.com

Edited by mca, 12 June 2009 - 10:43 AM.

[tallgirlandrea]

so, i went to that other website for disputing chexsystems that you posted, and am wondering if you can combine the BK letter and letter #1 into ONE dispute letter like the one I typed up below, or if i should send 2 separate letters?


Dear Consumer Relations Department,

I have recently been informed that there is negative information being reported by ABC Bank and XYZ Bank in the file Chexsystems maintains under my social security number.

Upon ordering a copy of my report, I see a listing from ABC Bank reporting overdrafts in 2007 as well as XYZ Bank in 2008. I am unaware of ever having overdrafts from either of these institutions.

In addition, I filed a bankruptcy on (date) which included the debt that you show on your records from ABC Credit Union. I was advised that sending in proper documentation showing that the debt was included in my bankruptcy and was discharged on (date) would allow this record to be removed. This report is SEVERELY (if not completely) restricting my banking abilities.

If the debt described above has been resolved, I ask that you remove, or have removed, any derogatory marks from my Chexsystems, and Credit reports per the FCRA and send me confirmation that you have done so within 30 days of this letter. Thank you for your time and assistance with this important matter.



So thats my draft letter. It seems silly to separate letters especially if they are that short, but if it's needed I will do it obviously.

Thanks

[mca]

yes that would be a perfect letter for your situation

[Pisces]

Hi mca, (or anyone who wishes to reply )

I've been on your website as well and found this which applies to my situation:

As I suggested on another thread, when you order your chex report and there's only one entry there, and there's a small enough balance that you wouldn't mind paying anyway:

a) Pay off that balance and get a receipt; and
Then fill out the chex dispute form and specificy that you're disputing that particular account, the reason being - INACCURATE INFORMATION. NO EVIDENCE OF DEBT OWED. MUST DELETE.

The above "wording" takes advantage of the investigation process and the laws regulating inaccuracies and evidence:

a) Chex will challenge the bank to verify the accuracy of the debt owed;
Because you paid it, and you have proof of payment, the bank digs into their records and realizes that they had listed inaccurate information; and
c) Because you paid it, the bank will fail to provide evidence of the debt owed and they are required to delete it.

In any case, if the bank fails to respond to Chex within 30 days (21 in ME) anyway, it gets deleted by Chex without further ado.


Good luck!

My question, just to clarify, is I paid this off through a credit agency and not the bank directly. I do have all my letters from them. Would I still follow the same process?

[dirbox23]

There are five stages to disputing:

1. Gather the facts and send the initial dispute letter.
2. If the information is not removed, send a procedural request.
3. If the procedural request does not result in removal, dispute with the original creditor.
4. Send the ITS - Intent to Sue Letter
5. File complaints with the bank regulator, the state attorney general - and consider legal remedies.

Step 4 is allowed under FACTA [Amendments to the FCRA]. You can dispute directly with the original creditor if the credit reporting agency does not resolve the situation. The original creditor must investigate and respond within 30 days.

The letter you sent in the message is considered the "procedural request". This is where Chexsystems must show how they "verified" the information with the bank

NOTE: Neither the FCRA or FACTA require them to produce documents as proof. However, they must indicate how they verified.

If it has been 15 days, send the Intent to Sue letter to a Chexsystems executive [I like to send to their legal counsel] for their FCRA violation. Send a certified RRR dispute letter to a bank executive, indicating they are in violation of the FCRA for verifying inaccurate information with Chexsystems.


there are sample letters that can help you in this process at http://www.chexsystemsdisputes.com

Edited by mca, 19 October 2011 - 11:45 AM.

[LKH]

Letter 1 - CRA's don't validate anything. That is for CA's.
Letter 2 - Creditors don't provide "documents" to the CRA's. It's all done via computer with a yes or no.
These letters appear to be very outdated and contain wrong use of terms.

[mca]

Letter 1 - CRA's don't validate anything. That is for CA's.
Letter 2 - Creditors don't provide "documents" to the CRA's. It's all done via computer with a yes or no.
These letters appear to be very outdated and contain wrong use of terms.

The information above was not from my web site.. my removal is at http://www.chexsyste...ms_Removal.html

[mca]

Letter 1 - CRA's don't validate anything. That is for CA's.
Letter 2 - Creditors don't provide "documents" to the CRA's. It's all done via computer with a yes or no.
These letters appear to be very outdated and contain wrong use of terms.

The information above was not from my web site.. my removal is at http://www.chexsyste...ms_Removal.html

[CalPop]

Edited because I, wisely, posted this in the wrong thread. OOPS!

Edited by CalPop, 04 May 2012 - 11:32 AM.

[wingy03]

chexsystems can be disputed and the decisions can be overturned--I've helped someone do it but it wasn't easy

if the debts have been paid in full or if the bank that placed it in the first place writes it off as paid in full there shouldn't be a reason you would be denied (you'd think) but it did happen

it took me a few calls and a few runarounds (there are if you believe it or not, a chexsystem that simply tells you what's on the record and another that simply tells you what's on the report..it's a department that is not chexsystem, different number but also claims to be useless in overriding the decline)

and another number that can, I got denied the first time, prompted by the denier--I called and asked to speak to a supervisior, explained the whole situation again, and finally was approved.

[ssh0126]

What if you do not have an attorney to cc on the bottom of the letters?

[ssh0126]

Also do you state everything that is wrong with the report in the letter?

[mca]

What if you do not have an attorney to cc on the bottom of the letters?

adding a name of an attorney is sometimes used so that the person disputing is taken more seriously... you do not have to put that in the letter

[mca]

Also do you state everything that is wrong with the report in the letter?

If you are disputing due to wrong information on the report, yes state that in the dispute letter