CRA wants notarized statement to correct info?!

[HoustonLynne]

I know we have a Chex forum, and I've gotten help from there on a more Chex-specific issue, but this is more about FCRA and CRAs, in general. I want to file a complaint with the CFPB, but before I do, I thought I'd check with the pros.

I disputed a misspelling of my first name (it's missing a letter) on my Chex report, and this is how they replied:

 

(Let's say my name is Suzie Qewe.)

 

"In addition, our records indicate that the disputed name Suie Qewe was provided by you in previous contact with us. Therefore, it has been retained in your consumer file. Should you wish ChexSystems to pursue this matter further, we must first receive a notarized statement confirming that this address does not belong to and has not been used by you. Once we have received this notarized statement, we will be happy to review the situation further and will inform you of any actions taken."

 

Keep in mind that the sentence combines reference to a misspelled name and "address"...this makes no sense.

 

And if I am the one who allegedly "furnished" this data to them, don't I have a duty to correct?? I included a copy of my TXDL, so they were looking at proof of identity. Do my creditors send notarized statements when THEY correct furnished data...?? (Nevermind the fact that I know how to spell my name, so I seriously doubt I furnished this data.)

Edited April 20, 2014 by HoustonLynne

[Guest]

Starting to think Chex is the Devil, not Experian. I phoned in a request for my Chex report, and have heard exactly nothing at all. Not a single thing. FWIW, my entries "should have" aged off, as it has been more than 5 years.

 

Not sure where Chex gets 5 years from, either, especially if they are to be treated as a CRA...

 

Sent from my SCH-I605 using Tapatalk

[cashnocredit]

I know we have a Chex forum, and I've gotten help from there on a more Chex-specific issue, but this is more about FCRA and CRAs, in general. I want to file a complaint with the CFPB, but before I do, I thought I'd check with the pros.

I disputed a misspelling of my first name (it's missing a letter) on my Chex report, and this is how they replied:

 

(Let's say my name is Suzie Qewe.)

 

"In addition, our records indicate that the disputed name Suie Qewe was provided by you in previous contact with us. Therefore, it has been retained in your consumer file. Should you wish ChexSystems to pursue this matter further, we must first receive a notarized statement confirming that this address does not belong to and has not been used by you. Once we have received this notarized statement, we will be happy to review the situation further and will inform you of any actions taken."

 

Keep in mind that the sentence combines reference to a misspelled name and "address"...this makes no sense.

 

And if I am the one who allegedly "furnished" this data to them, don't I have a duty to correct?? I included a copy of my TXDL, so they were looking at proof of identity. Do my creditors send notarized statements when THEY correct furnished data...?? (Nevermind the fact that I know how to spell my name, so I seriously doubt I furnished this data.)

 

It is crazy but notarization just serves to clearly identify you via an uninterested third party and verify any statement you make as being made by you. Notarization does not verify any claims you make only that you are the one that makes them. This isn't necessary for creditors since they have an established business contract with the CRAs so their identity isn't in question.

 

The request is unusual but is a way to make sure someone isn't going through a third party such as Lexington Law.

 

I wouldn't have any problem sending this to a CRA (a CA or JDB is another question entirely). Make a photocopy to keep and have both notarized.

Edited April 20, 2014 by cashnocredit

[tmcgill]

To rslifkin: Under the FCRA, Chex is a considered a Speciality Consumer Reporting Agency. The five years is their own internal business policy. (They legally could report for 7 years)

 

Re: The notarized statement is rubbish. They have a copy of your ID, and they're online with the social security administration, as they verify SSNs. They've been given the legal documentation to prove your correct name.

 

I would send a notarized statement if you don't want to go through the complaint cycle, otherwise, file a complaint with the CFPB.

[tophie]

I'd do some more research. Find an FCRA violation and then I'd file suit on that. They listen to lawsuits. Most have said they don't do anything until a lawsuit is filed. There was an article on here just a few weeks ago about a multi million dollar judgement against one of the CRA's.

 

Chex makes it impossible to open an account if your account is closed for any reason. More and more banks are going with Chexsystems and less and less with Telecheck. It's a sad day.

[HoustonLynne]

Thanks for all the input. I've read the FCRA and FACTA, and there are myriad segments I could pluck to support why this request is not very "reasonable" on the part of Chex. And while I would not-too-vehemently oppose jumping through their little hoop if it were free and somewhat convenient, it is not. I don't know of anywhere I can get free notary service. And the irony is that the notary will rely solely on my TXDL to confirm my identity, and then they will only be bearing witness to the fact that I am the one who is physically signing the statement. Ridiculousness.

 

They're already on my Poop List for a larger matter, which the OCC passed along to the CFPB (I'd intended/attempted to complain about Chase, actually -- but the facts heavily pointed to Chex, too. OCC passed the buck to the CFPB.) Anyway, the point is that I think I'll go out of my way to make this alleged and innocent misstatement of mine "right" -- just not the way Chex dictated that it should be done. They could have spent some time actually verifying my dispute regarding Chase...less time on devising this silly method of remedy.

[policebox]

Thanks for all the input. I've read the FCRA and FACTA, and there are myriad segments I could pluck to support why this request is not very "reasonable" on the part of Chex. And while I would not-too-vehemently oppose jumping through their little hoop if it were free and somewhat convenient, it is not. I don't know of anywhere I can get free notary service. And the irony is that the notary will rely solely on my TXDL to confirm my identity, and then they will only be bearing witness to the fact that I am the one who is physically signing the statement. Ridiculousness.

 

They're already on my Poop List for a larger matter, which the OCC passed along to the CFPB (I'd intended/attempted to complain about Chase, actually -- but the facts heavily pointed to Chex, too. OCC passed the buck to the CFPB.) Anyway, the point is that I think I'll go out of my way to make this alleged and innocent misstatement of mine "right" -- just not the way Chex dictated that it should be done. They could have spent some time actually verifying my dispute regarding Chase...less time on devising this silly method of remedy.

 

I know we discussed this in another thread and I side with you about the whole issue. However, in the interest of helping you achieve your ultimate goal, then here is an additional thought.

 

Do you belong to a credit union? Credit unions usually offer free notary service as one of their member benefits. Another thought might be to check with your insurance agent. I was able to have some documents notarized by my agent's office, free of charge.

Edited April 21, 2014 by policebox

[HoustonLynne]

 

Thanks for all the input. I've read the FCRA and FACTA, and there are myriad segments I could pluck to support why this request is not very "reasonable" on the part of Chex. And while I would not-too-vehemently oppose jumping through their little hoop if it were free and somewhat convenient, it is not. I don't know of anywhere I can get free notary service. And the irony is that the notary will rely solely on my TXDL to confirm my identity, and then they will only be bearing witness to the fact that I am the one who is physically signing the statement. Ridiculousness.

 

They're already on my Poop List for a larger matter, which the OCC passed along to the CFPB (I'd intended/attempted to complain about Chase, actually -- but the facts heavily pointed to Chex, too. OCC passed the buck to the CFPB.) Anyway, the point is that I think I'll go out of my way to make this alleged and innocent misstatement of mine "right" -- just not the way Chex dictated that it should be done. They could have spent some time actually verifying my dispute regarding Chase...less time on devising this silly method of remedy.

I know we discussed this in another thread and I side with you about the whole issue. However, in the interest of helping you achieve your ultimate goal, then here is an additional thought.

 

Do you belong to a credit union? Credit unions usually offer free notary service as one of their member benefits. Another thought might be to check with your insurance agent. I was able to have some documents notarized by my agent's office, free of charge.

Great suggestions, and I'll give that some thought. None of the CUs I belong to have local branches, but they all participate in co-op branching. So maybe I could avail myself of the service via one of the local co-op CU locations. I'll look into that, if I get over my irritation with Chex.

My insurance "agent" is USAA...no offices in Houston, that I'm aware of.

[cashnocredit]

I think some banks offer this. WF here has a notary and the local UPS office does as well but they charge $5. Many states have web sites where you can find a notary near you.

[HoustonLynne]

All great suggestions, and I went with an option I hadn't yet considered. I resubmitted the dispute to Chex, and the following are a few of my reasons:

1. I didn't spell out in my original dispute letter that I was including a copy of my TXDL, so if I end up filing a complaint with the CFPB, I want there to be no room for me to be the one looking like an salamander! I stated in this dispute that I "have no record" of including my valid Texas Driver License with my first dispute, so I am including it now. (Paper trail for a CFPB complaint, if needed.)
2. FACTA spells out what is "proper identification" for the purposes therein, which includes a state issued ID or DL. I mentioned that, too.
3. I made sure this new dispute is strictly about my misspelled name. Their response to me about my name asked for a notarized statement about the "address". I'll give them an opportunity to redeem themselves, as I'm "assuming" they made an error. (NOTE: My original dispute included both a misspelled name and a duplicate of my address. They commented on the address separately in their response by saying it was provided by a financial institution and "remains".)
4. I wanted to assert that their request was both confusing and unreasonable. The CFPB is focusing on how "confusing" it is for consumers to decipher reports and the dispute process. The FCRA and FACTA use the word "reasonable" many times.

We'll see how it goes. If they don't delete it this time, I'm filing with the CFPB.

[amandal0514]

Ask your friends too. I was surprised to find out how many of mine are notaries.

[HoustonLynne]

Ask your friends too. I was surprised to find out how many of mine are notaries.

[stw]

Here are a few links regarding Chexsystems' relevance being diminished:

 

http://www.ag.ny.gov/press-release/ag-schneiderman-announces-commitment-capital-one-expand-access-bank-accounts-consumers

 

http://dealbook.nytimes.com/2013/08/01/new-york-investigates-disqualification-of-customers-by-banks/?_php=true&_type=blogs&_r=0

 

http://dealbook.nytimes.com/2013/07/30/over-a-million-are-denied-bank-accounts-for-past-errors/?_r=0

 

Also, NCUA, the credit union industry's equivalent to the FDIC, is not too fond of CUs utilizing Chexsystems. In fact, they suggest it's contrary to the original intentions when credit unions were initially established. Read this opinion: http://www.ncua.gov/Legal/OpinionLetters/OL1999-0435.pdf

[tmcgill]

Unfortunately, Chexsystems still has a big impact on consumers. Not only do they block new account approvals, but often any negative updates to a file may result in existing accounts being frozen or closed.

 

We post strategies for dealing with them on the Chexsystems forum.

 

Note: I hope the latest dispute strategy works. The FCRA gives them the right to verify your identity, but generally a government-issued ID or passport suffices. Keep us posted on any updates.

[mizliz1011]

bank of america has free notary with a drivers license. I was surprised, they didn't even want my BofA checkcard...call first.

[HoustonLynne]

I can't remember where (or if) I updated with the results of this from earlier this year.

 

Chex deleted the misspelled name without issue, after processing my 2nd dispute as outlined in post #10.

 

At the time, they had bigger issues on their hands with me -- tmcgill, you may recall my Chase CO thread in the Chex forum around the same time.

 

Goodness, all of that seems so long ago...time flies when you're working on your CP status.