Chex response to initial dispute...

[Tripat]

Hi all,

 

First of all, thank you for all the great info, I am new to disputing info with ChexSystems but this site and chexsystemsdisputes . com both make it as easy as possible. I recently obtained my free FACTA report and there was one item on there I need to get removed. I sent the standard initial letter via CMRRR that was signed for on 07/31/09. I received a letter from Chex today 08/10/09 stating:

 

 

Dear blah blah...

 

This letter is in response to your recent communication regarding information contained in your consumer file at Chex Systems.

 

Please be informed that your file has been forwarded to the appropriate personnel for handling. If a reinvestigation is necessary, we will contact the source of the information to request that they verify the accuracy and completeness of the information they submitted to us.

 

Under normal circumstances ChexSystems will notify you of the results of the reinvestigation within approximately thirty days. However, if additional information and/or documentation is provided by you during the course of the reinvestigation, the time frame will be extended by up to 15 days to allow the source sufficient time for review.

 

etc etc etc...

 

So is this just a stall tactic and do I need to respond to this at all? How does this affect my dateline? I figured they had 45 days from the date they signed for my dispute to respond. Did this response reset the timer and now I have to wait for 45 days for the date of this letter? Or do they still only have until the original 45th day to provide a real response? I don't know where to go from here so any help is appreciated.

Edited August 10, 2009 by Tripat

[mca]

Your time frame does not change, they will have not verified the account. I suggest that you still send in letter 2 right away once you get this form letter

 

After you send letter #1 you will be sent a Form Letter (this is not acceptable) so go on and send in letter #2

 

 

Who is the reporting bank(s) in your case?

[Tripat]

The reporting bank is First Fidelity Bank NA. So even though the initial 45 days isn't up I should go ahead and send letter # 2 right now? Is what I received what you are referring to as the form letter or will something else be coming soon? I guess I am confused because I thought letter #2 was for when they either didn't respond at all or they responded and claimed it was verified. This letter only acknowledges they received at and are working on it so to speak.

Edited August 10, 2009 by Tripat

[mca]

yea that is what I am calling the Form letter. Apparently everyone gets that now when they dispute. The only reason I suggest to send in letter 2 is so they feel as if you are assuming that the reinvestigation has starte, making them feel as if they only have 15 additional days. Some have sent them in and others wait it out.

 

First Fidelity Bank is one you might get lucky with. How old is your report? Did you still owe them any money? How did they report? NSF, account abuse, fraud?

[Tripat]

The report is from 3 years ago and the bank is pretty thorough about validating. I have a CA trying to collect for the same debt which they validated via fax to the CA as soon as they requested it. It was from an old NSF that of course spiraled out of control for a total of about $350. I think I am going to go ahead and send letter #2.

 

Thank you for your help mca, it is much appreciated.

[Tripat]

Ok, so now I am even more confused than before

 

So I sent letter #1, to which I got the generic response in the first post above. My response to that was to send letter #2. Two days after I sent letter # 2 (they crossed in the mail) I received another letter from Chex that said the following:

 

"Dear ChexSystems Victim,

This letter is to inform you that the reinvestigation of the information contained in your consumer file at ChexSystems is complete.

The disputed information submitted by Mr. Bad Bank has been verified as accurate and complete as reported therefore it has been retained in your file. The source of the information has requested that you contact 1-555-5555 or 1-800-555-555 to obtain documentation or additional information.

If requested by you Chexystems will provide you with a description of the procedure used to determine the accuracy and completeness of the disputed information in yoru file etc etc etc."

 

As I said, I already sent letter # 2 only two days before which I figured it would really serve as a response to this letter instead of the stall letter they sent first. Letter #2 of course states:

 

"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."

 

So today I receive a response to my letter # 2 which says:

 

Dear ChexSystems Victim,

This letter is in response to your recent request for a description of the procedure used to determine the accuracy and completeness of the information in your file which ChexSystems previously reinvestigated.

The procedure used is outlined as follows:

Upon receipt of your dispute, ChexSystems contacted Mr. Bad Bank to provide notice of your dispute. In addition to our review and consideration of all relevant information provided by you during the reinvestigation, we also provided the information to the party(ies) identified in the preceding sentence, and we requested them to conduct an investigation with respect to your dispute and the relevant information. Such party(ies) then reported the results of their investigation to ChexSystems.

Also, this letter is in response to your request for information regarding the source of the information contained in your consumer file at ChexSystems.

The information pertaining to the source of the information is listed below:

 

Name: Mr Bad Bank

Address: 123 Street

Your city, your state 12345

Phone Number: 123-456-7890

Etc etc etc…..

 

So what now? They didn’t provide anything requested other than the name of the bank. No evidence, no documentation, no nothing. It would seem letter #2 is the most appropriate response to this but should I send that again?

Help is greatly appreciated as it seems I am at an impasse here…(sorry this is so long)

[Tripat]

Ok so I just read this:

 

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

 

So I guess my only course of action from here is legal action?

[mca]

I would send them a letter certified of course demanding that they remove you immedicately and that they are in violation since they did not validate the debt as per FDCPA § 809, it is a violation of the FCRA § 611. ALso state that you insist that they send you a copy of your report showing this matter has been satisfied and your report is clean.

1.)Defamation

2.)Negligent Enablement of Identity Fraud

3.)Violation of the Fair Credit Reporting Act

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.