Chexsystem Dispute

[creditjunior]

I need some guidance with a ChexSystems dispute.

 

To sum up the issue, the account was opened through Wachovia by my mother when i was only seven years of age. She opened it as a joint account. It went into overdraft either due to the fee's or my mother taking the money out. The account was then acquired by RJM.

 

I disputed the information using the dispute form included with the ChexSystem report. I simply explained that I did not open the account, and, furthermore, I was only seven at the time so i cannot be held liable. I sent this by fax. After doing this, they updated my account information to: "Paid in Full/Settled in Full Date: 10/10/2007"

 

I should not have to settle for a "paid in full". I want this off removed.

 

What should be my next step of action?

Edited September 14, 2008 by creditjunior

[mca]

When was the account closed?

[creditjunior]

When was the account closed?

 

As in, when was the account acquired by the collection agency?

[mca]

There is a SET date for when your 7 year reporting period begins and that date is SET IN STONE after the recent changes to the FCRA (Fair Credit Reporting Act). If you are wondering how to figure it out, here is how you do it:

 

Remember the month that you last paid on the account.

Remember the month that you missed your FIRST payment on the account (and subsequently missed every payment after that).

Add 6 months (180 days) to that date (month and year as best you can).

Your 7 year reporting period begins the MONTH that is 6 months after your date of first delinquency.

Add 7 years to that month and year and that is when the listing SHOULD fall off of your credit report.

 

If an agency, ANY agency, has changed that date on your credit report in order to keep the listing on there longer, it is illegal. This is re-aging a debt. Not only is it illegal for them to change it, it is illegal for the CRA to allow that change to be made.

 

NOTE-This is only applicable to those accounts which began reporting AFTER 1997.

 

Chexsystems removes after 5 years. When was this originally reported?

[creditjunior]

There is a SET date for when your 7 year reporting period begins and that date is SET IN STONE after the recent changes to the FCRA (Fair Credit Reporting Act). If you are wondering how to figure it out, here is how you do it:

 

Remember the month that you last paid on the account.

Remember the month that you missed your FIRST payment on the account (and subsequently missed every payment after that).

Add 6 months (180 days) to that date (month and year as best you can).

Your 7 year reporting period begins the MONTH that is 6 months after your date of first delinquency.

Add 7 years to that month and year and that is when the listing SHOULD fall off of your credit report.

 

If an agency, ANY agency, has changed that date on your credit report in order to keep the listing on there longer, it is illegal. This is re-aging a debt. Not only is it illegal for them to change it, it is illegal for the CRA to allow that change to be made.

 

NOTE-This is only applicable to those accounts which began reporting AFTER 1997.

 

Chexsystems removes after 5 years. When was this originally reported?

 

 

The account was opened in 1997. I believe it went into overdraft May of 2004, and it was "charged off" in June of 2004.

 

However, I don't think the statues of limitation are what I should be worried about. The thing is they are trying to hold someone accountable for an account that not only isn't mine, but it was from an account opened when i was only seven.

Edited September 14, 2008 by creditjunior

[mca]

okay I was thinking that is was closed at a much earlier time but .. yes, you are correct, they have no right to report since you were a minor when the account was opened. They are in violation..send them the following letter and a copy of your drivers license so that they are able to verify your age. If they still do not remove you then the next step would be to file a dispute with the reporting bank.

 

 

After reviewing the file that you maintain under my ss #__________________________, I see that you are reporting incorrect, or inaccurate information. Please delete immediately.

 

 

I ask that this information be immediately deleted from the file you maintain under my Social Security number. This report is SEVERELY (if not completely) restricting my banking abilities.

 

 

You have 15 days to correct your records. I am demanding removal under the FCRA. I was a minor when this account was opened. You are in violation by maintaning this file under my name. Enclosed is a copy of my drivers license so you are able to verify my age.

 

 

 

Sincerely,

[creditjunior]

You have 15 days to correct your records. I am demanding removal under the FCRA.

 

Why is this fifteen not thirty days?

 

Also, what about the five steps you always post. I guess these don't pertain to my situation?

 

1. Dispute Letter to Chexsystems

2. If Info is Verified, Send Procedures Request.

3. FACTA Dispute Letter to Bank. *Must be done after Chexsystems unsuccessful dispute.

4. Formal complaints with OCC or state agency for state-charted banks.

5. Intent to sue letter to bank attorney and/or senior executive.

[mca]

I am sorry I have not been on, my electric was off for 7 nights. I mentioned 15 days since you had already filed an initial dispute

[creditjunior]

I am sorry I have not been on, my electric was off for 7 nights. I mentioned 15 days since you had already filed an initial dispute

 

Sorry to hear that... okay, thanks for the help, mca!

Edited September 25, 2008 by creditjunior

[mca]

also not that if the account was closed and reported in 2004, it should drop off next year

[creditjunior]

Unfortunately, I just deployed the letter Friday. However, I got it out certified mail, return receipt requested, nonetheless. What are the next steps of the process i should be prepared for?

 

Thanks, I will keep you guys updated!

[creditjunior]

Chexsystem responded with another the "the status has been updated".

 

"The reported information has been changed to Sold date as on date October 11, 2007 as per source of the information with this change, they have verified the information to be accurate and complete as reported. Therefore, it has been retained in your file."

 

This looks nearly identical to the last response I received. Do they even read the letter inquires? I clearly stated I wasn't of age.

 

 

How should I proceed from here?

Edited November 19, 2008 by creditjunior

[creditjunior]

*bump* Mca, any suggestions?

[mca]

I would dispute with the bank next adn also send them a copy of your ID as proof of your age.

 

 

 

Name and Address of original bank

RE: Acct # [account number]

 

TO: Whom It May Concern:

I am writing regarding the unpaid debt on account # [account number], which I dispute.

According to the Fair Debt Collection Practices Act, I am requesting "validation," or competent evidence that bears my signature and shows I have some contractual obligation to pay you. I was 7 years old when this account was opened.

 

Please be aware that any negative mark on my Chexsystems report for a debt I don't owe is in violation of the Fair Credit Reporting Act (FCRA). Therefore, if you cannot validate the debt, you must request that all credit reporting agencies that you have reported to delete the entry. In addition, until I have received and reviewed any evidence you provide me, I ask that you take no action that might damage my credit reports.

 

Please note that if you fail to respond within 30 days of receipt of this certified letter, I am prepared to take legal action against your company for causes of action including, but not limited to, defamation, fraud and violations under the Fair Credit Reporting Act.

 

By sending this letter, I am disputing both the validity of the alleged debt and the validity of your claims. This is my attempt to correct your records. Please be aware that any information I receive from you will be collected as evidence should any further action be necessary.

 

Your full name signed here

Your printed full name here

 

You can start by filing the following complaints

 

1.I would defintely write a letter to the corporate headquarters ..send the letter to the CEO if possible ... explain your story and how you feel as if you are being treated unfairly etc. This has helped many

 

 

2. http://www.federalreserveconsumerhelp.gov/?District=13

 

 

3. WHEN YOU MAKE A COMPLAINT TO THE OCC...GENERALLY THIS WILL GET THE BANKS ATTENTION VERY FAST !!! THEY DO NOT LIKE COMPLAINTS FROM THE OCC.

 

The OCC's Customer Assistance Group is ready to help customers of national banks with questions or complaints they have about their financial institution. CAG's toll-free lines are open Monday through Friday, 7:00 a.m. to 7:00 p.m., Central Time. You can reach one of OCC's Customer Assistance

Specialists by calling: 1-800-613-6743.

 

If You Have a Problem With a National Bank or its Operating Subsidiary

 

The OCC Customer Assistance Group (CAG) Top

The OCC Customer Assistance Group was created to answer questions, offer guidance, and assist consumers in resolving complaints about national banks and their subsidiaries.

 

The first step is to try to resolve a complaint directly with your bank or its operating subsidiary before involving an outside agency. If you are unable to do so or are uncertain about whether your complaint involves an organization that the OCC supervises and regulates, the OCC Customer Assistance Group will try to assist you.

 

General inquiries about banking laws or practices often can be answered on the phone or through email by a Customer Assistance Specialist. The specialist may also be able to suggest other ways for you to try to resolve your problem directly with the bank or its subsidiary.

 

http://www.occ.treas.gov/ConsumerComplaintform.pdf

[creditjunior]

Thanks for the response, MCA.

 

Would it be possible for me to dispute via a special department at the OC? I'd prefer not to deal with the CEO, wasting his time over this rather minuscule issue.

 

Also, do you think Chexsystem is neglecting to read my disputes or they are truly not understanding my situation? Could a direct phone call to Chexsystem so I can better iterate the situation person to person, per se, resolve this issue?

 

 

Hope to hear back soon...

[mca]

you can try to call yes, it can't hurt. But yes more than likely they are sending you out a form letter and not paying much attention to what it says, that is common for chexsystems