Husband reported in Chex, but wrong name

[Ashweekins]

My husband was reported in Chexsystems for Wells Fargo. The account was a Business Checking account back in 2005. There was a $0 balance in the account because he was getting ready to close the business. There was an unauthorized charge to the account, which we disputed. It was settled in our favor, so we thought. 6 months later, Wells Fargo came back and said that they didn't get their money back from the company we disputed the charge with, and they debited the money from the account and put it in the negative. We fought and never paid. They closed the account and reported it to Chex. It was reported January 2006. (Moral of the story, we should have closed the account ourselves as soon as it was a $0 balance instead of leaving it open).

 

We have a checking account a Chase, and have had no problems. We also have an account at ACU of Texas (Associated Credit Union). We got the account at ACU before they started checking Chexsystems. We just tried to open an account at JSCFCU (Johnson Space Center FCU), and were denied because of Chex.

 

I ordered our reports. It turns out that the entry for Wells Fargo lists my husband's name as "Ricky xxxxx". His legal name is "Richard xxxxxx, XXXX" Who should we dispute this with? Should we take our chances and dispute with Wells Fargo for an FCRA violation for incorrent information? I'm afraid they'll correct the information and update/reage/reinsert. Should we start dispute with Chex first? Or do both?

 

This is the letter I was thinking about sending:

 

Richard X XXXXXXXXXXXX, XX

Address

 

 

Chexsystems Consumer Relations

7805 Hudson Road

Suite 100

Woodbury, MN 55125

 

 

May 24, 2009

RE: Consumer ID # XXXXXXXXXX

 

 

Consumer Relations Department:

 

I have recently been informed that there is negative information reported by Wells Fargo Bank in the file Chexsystems maintains under my Social Security number. Upon ordering a copy of the report, I see an entry from this bank listing "Account Abuse" on 01/10/2006. I am unaware of ever having “Account Abuse" from this bank. The name listed on this account is not my name. Therefore, this entry on my report is a violation of the FCRA and should be removed immediately.

 

Please validate this information with Wells Fargo Bank and provide me with copies of any documentation associated with this "Account Abuse" bearing my signature. In the absence of any such documentation bearing my signature, I ask that this information be immediately deleted from the file you maintain under my Social Security number.

 

My contact information is as follows:

 

Richard X XXXXXXXXXXX, XX

Social Security #: XXXXXX

Address

 

 

 

Thoughts or changes? Thanks for your help!

Edited June 2, 2009 by Ashweekins

[mca]

Always dispute with chexsystems first and send everything certified mail.

[Ashweekins]

Thank you! Does the letter sound okay?

[mca]

yes, it is a good one. It won't hurt to ask for your signature but Chexsystems or the bank does not have to validate with a signature. The law says only outside collectors have to do that. You can attack the outside collector by demanding validation, if they have put it on your credit bureau reports.

[Ashweekins]

It's not on the credit reports. I sent the letter. Chex already responded on 6/13. It says his file has been forwarded to the appropriate personnel for handling. It is also asking for addresses for the past 5 years. Do we respond to this or is this the generic letter they send all disputes?

 

Thanks!

[mca]

It is the generic letter, I normally wait about a week and suggest to send out letter 2

[Ashweekins]

We got a second letter in the mail on Saturday.

 

It says that Wells Fargo Bank is "still under reinvestigation", but that RJM: Wells Fargo Debt (which I'm guessing is a collection agency?) has been verified as accurate and complete and will be retained in his file.

 

Do I send Letter#2/Procedural Request Letter for RJM: Wells Fargo Debt, and wait on the results from Wells Fargo Bank? Chex accepted my CMRRR letter on 6/11, so does this mean that they have until 7/11 for Wells Fargo to respond?

[mca]

If they are saying that they verified with the bank that the information is accurate then ask for proof. Send certified to chexsystems. Do not dispute with the bank yet

 

Your Name

Your Address

Chexsystems Consumer Relations

7805 Hudson Road

Suite 100

Woodbury, MN 55125

Date

RE: Consumer ID # (your consumer ID # here)

 

Consumer Relations Dept.:

This letter is in response to your recent claim that (Name of Bank) has verified this account to be mine. Yet again, you have failed to provide me with a copy of any viable evidence submitted by (Name of Bank). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested, to be provided within fifteen (15) days of the completion of your re-investigation.

 

Additionally, please provide the name, address, and telephone number of each person contacted at (Name of Bank) regarding this alleged account. I am formally requesting a copy of any documents provided by (Name of Bank) If (name of bank) does not validate the debt as per FDCPA § 809, it is a violation of the FCRA § 611.

 

Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is entirely inaccurate and incomplete, and represents a very serious error in your reporting. This report is SEVERELY (if not completely) restricting my banking abilities.

 

Failure to comply with federal regulations by credit reporting agencies are investigated by the Federal Trade Commission (see 15 USC 41, et seq.). I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the state Attorney General's office, should you continue in your non-compliance.

My contact information is as follows:

 

Your Name (printed or typed, not signed)

SSN

Address

Cc: (insert lawyer's name here)

[Ashweekins]

There are two entries on Chex. One from Wells Fargo, the original bank. The second is from RJM Acquisitions, who is the collection agency that bought the Wells Fargo entry.

 

The letter from Chex said that the entry from Wells Fargo was still undergoing "reinvestigation", but the entry from RJM was verified as accurate and will remain on his file. Do I send the letter above for RJM, and just wait and see what they say about the Wells Fargo entry? Chex accepted my original dispute letter on 6/11, so they have until 7/11 to respond about the Wells Fargo entry, correct?

[mca]

That is a seperate dispute. They can not report the same account twice. If it was turned over to the collection agency then WAMU can not show on the report and needs to be removed IMMEDIATELY. By law, it can only be reported one time.

[Ashweekins]

We have been extremely busy and have not been able to keep up with this until now.

 

Got a letter dated 07/09/2009 to inform him that the reinvestigation of information contained in his consumer file at ChexSystems was complete. ChexSystems was unable to verify the accuracy and completeness of the disputed information submitted by Wells Fargo Bank within the timeframe required by the FCRA, and/or applicable state statutes, therefore it has been removed from you consumer file. They sent a new Chex report with only RJM: Wells Fargo listed. We thought, ok not so bad we just need to keep disputing with RJM (collection agency).

 

Then, we get another letter from Chex dated 07/23/2009, stating the letter was in follow up to the letter they sent on 07/10/2009. It says, "We informed you at that time that the disputed information submitted by Wells Fargo Bank was deleted from your consumer file due to the length of time that had passed since your original dispute was received. Since that time, the source of the information has certified that the information is accurate and complete, therefore, it has been reinserted into your consumer file." The attached a new report with Wells Fargo reinserted. So it has Wells Fargo listed, and then it still has RJM: Wells Fargo listed as well. But, it now says that the account was Paid In Full/Settled in Full on 06/17/2008, and the reason for being reported is "Any amounts owed have been paid, account abuse, account/debt sold". Before it only said Account Abuse, Account/Debt Sold".

 

 

What do we do? I am so confused now. I thought it was illegal to reinsert? And illegal to have the same debt listed more than once?

[mca]

answered your post on other forum ...thanks