Jump to content

My 623 letter. Opinions and suggestions please!


EternalDebtSlayer
 Share

The last post in this topic was posted 2810 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Recommended Posts

Thanks to Funkiehouse and several hours of reading over the last two days, I finally have what I feel is a good 623 letter to send to Chase. However, I have respect for a LOT of individuals knowledge on this site and would like to get some opinions before I send it and possibly screw something up because I either missed some or worded something incorrectly.

 

Here is what I have.

 

-------------------

 

3/22/2014

 

Chase Card Services

P.O. Box 15298

Wilmington, DE 19850

 

To whom it may concern:

 

This letter is response to your recent verification of account #XXXXXX to Equifax, Experian, and Transunion which was obtained during disputes that I filed with each credit reporting agency (CRA) mentioned previously.

 

After examining my credit reports from the above mentioned CRAs, I believe the reporting of this account is in violation of the Fair Credit Reporting Act (FCRA).

 

Please be advised that Section 623 of the Fair Credit Reporting Act states:

 

§623. Responsibilities of furnishers of information to consumer reporting agencies

 

a) Duty of Furnishers of Information to Provide Accurate Information

 

(1) Prohibition

 

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

 

(B)Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

 

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

 

(ii) the information is, in fact, inaccurate.

 

After your company verified that the information was correct with each CRA, this account should have been reporting discrepancy free information on all three of my credit reports. That is not the case as there are still inconsistencies in the reporting between the three CRAs. Information such as,

 

1) The date the account was opened

2) The months in which the account was 30, 60, 90, 120, 150, and 180 days late

3) The month in which the account was charged-off

 

does not match-up between the three reports.

 

 

This suggests that your company verified information with one CRA that was different than information that you verified with a different CRA.

 

I have brought these discrepancies to your attention, therefore, continued reporting of this incorrect information, after I have notified you that it is incorrect or after an investigation has determined that is incorrect, can be viewed as a violation of the FCRA.

 

As the original creditor of this account, understand that you are not bound by the Fair Debt Collections Practices Act (FDCPA) and are not required to validate account information if you choose not to. However, I am not requesting a validation of account information; I am requesting an investigation of the account pursuant to FCRA section 623.

 

This is a formal request that your company investigates this account and removes it from my Equifax, Experian, and Transunion report within 30 days of confirming that there are in fact errors in the way it is being reported. If the account has not been removed from these CRAs within the time allotted, per the FCRA, I will pursue further action against your company for the erroneous information being reported including reporting you to the FTC and BBB.

 

Thank you for your cooperation in ensuring that my credit report contains accurate information.

 

Respectfully,

 

ME

-------------------

 

Bash away if need-be. I really want to get this correct the first time as I am down to just two major CC charge-offs on my report.

 

Link to comment
Share on other sites


Your last paragraph doesn't make to much sense.. You're asking them to investigate and then REMOVE. That isn't how the 623 law is written. If they can't confirm your information within the timeframe, that is when you can request removal. They don't have to remove the TL just because you're asking for them to.

 

 

A 623 type letter should state certain discrepancies on how it reports, and should be outlined in your letter. You need to be more specific with the discrepancies. State the actual dates on each credit report that has conflicting info. By doing this, it makes it tougher for the creditor to investigate/verify.

Link to comment
Share on other sites

Your last paragraph doesn't make to much sense.. You're asking them to investigate and then REMOVE. That isn't how the 623 law is written. If they can't confirm your information within the timeframe, that is when you can request removal. They don't have to remove the TL just because you're asking for them to.

 

 

A 623 type letter should state certain discrepancies on how it reports, and should be outlined in your letter. You need to be more specific with the discrepancies. State the actual dates on each credit report that has conflicting info. By doing this, it makes it tougher for the creditor to investigate/verify.

I know they don't have to remove it just because I asked them to, but they do have to remove it if they know that it is not accurate... 623 prohibits them from reporting information that they know is not accurate. I'm asking them to investigate and then, upon confirming the inaccuracies (the ones I laid before them), remove the account. They can't legally report it if the info they are reporting is not accurate.

 

Maybe I'm misunderstanding your statement. Please correct me if I am.

 

 

As far as the next part.. so I should say, for example, "You verified with transunion that the date the account was opened was on 8/6/2005 but verified with equifax that the date the account was opened on was 8/24/2005" ?

 

And just do that for every discrepancy that I can find?

Link to comment
Share on other sites

Yes, for every discrepancy.

 

As far as other CRA's reporting different info, they don't communicate with each other. They won't go and ask each other what they have as a DOFD on a specific TL. State something like: "The date account was opened is incorrect according to my records. Please investigate this matter and report the correct date."

 

And then include something like "You very well know that it is illegal to report information that is incorrect as per 623...xxx, If in fact you cannot determine the accuracy of this account/tradeline, you are required to delete it."

 

SCFM

 

EDIT: look at the post below. This is a custom type 623 letter with California code added as well. I had numerous accounts deleted with this one letter. I just sent this letter out a few weeks ago for a friend of mine for (4) accounts he had with Midland (yes, I 623'd all 4 of his accounts on one letter!) And low and behold, ALL 4 of them were deleted last week.

Edited by socalfiremedic
Link to comment
Share on other sites





Midland Credit Management

8875 Aero Drive, Suite 200

San Diego, CA 92123



Hello:


This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D) and CAL. CIV. CODE § 1785.25(A) of the accuracy of information you have reported to my credit file.


In compliance with FCRA §623(a)(8)(D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes:


Information being disputed: all ( up to four) separate MCM/Midland Credit Management accounts on my credit reports (Equifax, Transunion, Experian), as they all are inaccurate, misleading, and incorrect.


A total of (4) accounts

Account #

Account#

Account#

Account#


I am disputing for the following reasons :


1. Midland is not a creditor and I have never entered an installment account or agreement with the company. (Listing these accounts as an installment)


2. The account status is shown as “Past Due”. Please delete this incorrect information. Midland is not a creditor, you cannot report an account as past due or current.


3. '120 days past due'. Please remove this incorrect information. There is no payment history to report as Midland is not a creditor.


4. Terms are listed as 1 month. Please remove this incorrect information. I have no terms or installment agreement with Midland as Midland is not a creditor.


5. The Payment status is listed incorrectly as “past due date as of April 2012 Please remove this incorrect information. I have no terms or installment agreement with Midland as Midland is not a creditor.

6.'Date of first delinquency.' I never had a contract with you. Date of first delinquencies from all Midland accounts are entirely incorrect from the original creditors. Please remove this incorrect information.



This is a small portion of inaccuracies I found on each and every MCM trade line/account (up to 4 accounts on each credit bureaus credit report listed under my name). FDCPA 803(4) states: A party who purchases a debt that is in default for the sole purpose of collecting the debt is not a creditor. Midland Funding is not my creditor, hence these inaccuracies are being disputed because they are reporting as such.


Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you, to complete your investigation of this Direct Dispute within 30-days of my Notice of Direct Dispute, and report directly back to me the results of your investigation. Please respond to the address provided on this letter.


Being a California resident, I'd also like to add under the provision of CAL. CIV. CODE § 1785.25(A): “[a] person shall not furnish information on a specific transaction or experience to any consumer credit reporting agency if the person knows or should know the information is incomplete or inaccurate.” The information you're providing on my credit reports are inaccurate. Please remove it.


Should you find the disputed information to be inaccurate or incomplete, or if you cannot verify the accuracy or completeness of the disputed information, under FCRA 623((1)(E), you're required to immediately notify the credit reporting agencies of deletion of this information from my credit file from all credit bureaus.
Link to comment
Share on other sites

Yes, for every discrepancy.

 

As far as other CRA's reporting different info, they don't communicate with each other. They won't go and ask each other what they have as a DOFD on a specific TL. State something like: "The date account was opened is incorrect according to my records. Please investigate this matter and report the correct date."

 

And then include something like "You very well know that it is illegal to report information that is incorrect as per 623...xxx, If in fact you cannot determine the accuracy of this account/tradeline, you are required to delete it."

 

SCFM

 

EDIT: look at the post below. This is a custom type 623 letter with California code added as well. I had numerous accounts deleted with this one letter. I just sent this letter out a few weeks ago for a friend of mine for (4) accounts he had with Midland (yes, I 623'd all 4 of his accounts on one letter!) And low and behold, ALL 4 of them were deleted last week.

 

You have the thoroughly confused now. I realize the CRA's don't talk to each other, but that is irrelevant in this case. The 623 goes to the OC and I am pointing out to them that with 1 CRA they verified X to be an accurate date but with another CRA they verified Y to be an accurate date. It's obviously impossible for the DOFD, for example, to be reported differently to 2 different CRAs, whether the CRAs talk to each other or not. It is the OC providing the information that is incorrect, which is illegal.

 

Like I mentioned, the 623 is designed for OCs, since you can't DV them. I am dealing with Chase directly, not a CA like Midland.

 

Maybe I am in over my head? I read 623 info for hours and hours and thought I had a good grasp on the concept, now I feel like I have a further understanding than I did before I even started.

Edited by EternalDebtSlayer
Link to comment
Share on other sites

Perhaps I'm misunderstanding all this, but don't they have the option to submit updated/corrected information to the CBs as an outcome of their investigation?

 

Technically, yes. They had that option when I asked the CRAs to verify the accounts. All information that was incorrect should have been updated.

 

However, if the OC does not have the information anymore, it would be IMPOSSIBLE for them to update the information to be correct. The fact that the account has been verified as correct on all three of my reports, but they are STILL reporting differently, leads me to believe that they do not have the information on file anymore.

 

So my goal is to point out that the information is still incorrect and it is illegal under FCRA 623 to continue to report information that they know is incorrect. If they investigate and they for some reason do have my file still, they can then update the correct info with the CRAs, but that won't happen since they don't have my file.

Link to comment
Share on other sites

I was looking for this thread but couldn't find it. Hows the letter coming along? I'm going to try to put something together very soon too. Here's some of the info I have that might help.

 

http://www.creditinfocenter.com/repair/DisputingWithOriginalCreditor.shtml

 

http://www.scribd.com/doc/119898802/The-Year-of-Dispute-Using-623-Method-Disputing-Negative-Items-o

Link to comment
Share on other sites

I was looking for this thread but couldn't find it. Hows the letter coming along? I'm going to try to put something together very soon too. Here's some of the info I have that might help.

 

http://www.creditinfocenter.com/repair/DisputingWithOriginalCreditor.shtml

 

http://www.scribd.com/doc/119898802/The-Year-of-Dispute-Using-623-Method-Disputing-Negative-Items-o

 

I read hours and hours of stuff regarding 623 letters, including the links you posted.

 

My letter is done and sitting in the envelope. Only thing I have to do is seal it and deliver it. I'm leaving it unsealed for the night, in case someone posts something that changes my mind or I think of something over night.

 

Thanks for the help, I'll let you know how it goes.

Link to comment
Share on other sites

Also, I realized today that this CC was actually opened with Providian but then WAMU bought them. Then Chase bought WAMU.

 

I find it extremely hard to believe that they have any of the documents that they need to report correct information.

 

I had completely forgotten about Providian until I read a post on here from 2003 when I saw someone mention it. Then it hit me...

Link to comment
Share on other sites

Also, I realized today that this CC was actually opened with Providian but then WAMU bought them. Then Chase bought WAMU.

 

I find it extremely hard to believe that they have any of the documents that they need to report correct information.

 

I had completely forgotten about Providian until I read a post on here from 2003 when I saw someone mention it. Then it hit me...

 

Even better. I'm sending you a PM. Hold off on the letter for a minute.

Link to comment
Share on other sites

  • 1 month later...

Hello everyone! I am trying to figure out how to create a letter as well for the OC, I have disputed this several times and have gotten no where!!!! Any help would be appreciated if anyone can please assist in what direction I should take in building a good letter

Link to comment
Share on other sites

Hello everyone! I am trying to figure out how to create a letter as well for the OC, I have disputed this several times and have gotten no where!!!! Any help would be appreciated if anyone can please assist in what direction I should take in building a good letter

 

Here's my 623 thread. Is your debt past SOL? How and who have you disputed it with so far? You may want to start a new thread with your experience if you move forward.

 

http://creditboards.com/forums/index.php?showtopic=527327&hl=

Link to comment
Share on other sites

The last post in this topic was posted 2810 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share




  • Member Statistics

    • Total Members
      183,343
    • Most Online
      2,046

    Newest Member
    cain1974
    Joined
×
×
  • Create New...

Important Information

Guidelines