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Citi can't find my account but I have a charge off from them--must they remove?


needhelp15
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The last post in this topic was posted 3450 days ago. 

 

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How to start a FCRA 623 dispute:

 

You MUST file a CRA dispute with each reporting CRA FIRST and then wait for the results. This should be done by CMRR only and you should specifically request the results of your dispute in writing, by mail and request a copy of the TL notation as well. The CRA dispute should ideally be done within 60 days or less (less than 30 is ideal, but neither timeline is required) of sending your 623 dispute so you can attach the results of the CRA dispute to your 623 letter, if needed. Your CRA dispute should be inline with what you will be disputing in the 623 letter. Don’t just say “not mine” in your CRA dispute unless your 623 letter is about the account not being yours. If you have several issues with the TL, dispute all of those points in your CRA dispute and then again in your 623 letter.

 

A FCRA 623 dispute can be sent to ANYONE reporting information on any of your credit reports. They are usually sent to an OC but you can send one to a CA/JDB.

 

Requirements of the consumer in a FCRA 623 dispute:

 

(i) identifies the specific information that is being disputed;

 

(ii) explains the basis for the dispute; and

 

(iii) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. (This should at least include a copy of the trade line from a hard copy report, with the incorrect information circled in red pen (ideally). A 623 letter alone can give the furnisher a reason to say that you didn’t meet the requirements listed above or make a determination that it is frivolous, even on the first attempt. If you have other supporting documentation, send a copy.)

 

What is the furnisher of information required to do when they receive a 623 dispute:

 

In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person (furnisher of information) shall

(A) conduct an investigation with respect to the disputed information;

(B review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i];

© report the results of the investigation to the consumer reporting agency;

(D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis; and

(E) if an item of information disputed by a consumer is found to be inaccurate or incomplete or cannot be verified after any reinvestigation under paragraph (1), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly –

(i) modify that item of information;

(ii) delete that item of information; or

(iii) permanently block the reporting of that item of information.

 

Notes:

 

Section 623 of the Fair Credit Reporting Act (FCRA), enforceable under the Fair and Accurate Credit Transactions (FACT) Act; affords consumers the right to request that the furnisher of information conduct a reasonable investigation into the completeness and accuracy of the information being reported to the credit bureaus. Furnishers of information (especially OCs) are required under Section 312 of the FACT Act to establish and maintain guidelines on the accuracy and integrity of information furnished to credit bureaus, which means they should be able to conduct a proper investigation or records.

 

Failure to preform a reasonable investigation can constitute legal action under the FCRA, Section 616, for willful non-compliance. Case law establishing liability of reporting inaccurate information was established in Richardson v. Fleet and Nelson v. Chase Manhattan. Failure to conduct a reasonable investigation can also lead to complaints being filed with your state’s Attorney General, the Federal Trade Commission and the Consumer Financial Protection Bureau.

 

Related info:

 

http://www.consumer.ftc.gov/articles/pdf-0091-fair-credit-reporting-act-611.pdf

 

https://www.consumer.ftc.gov/articles/pdf-0092-notice-to-furnishers.pdf

 

http://www.ftc.gov/sites/default/files/fcra.pdf

 

http://www.business.ftc.gov/documents/bus33-consumer-reports-what-information-furnishers-need-know

 

https://www.backgroundprofiles.com/downloads/040709fcraappxg.pdf

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Information Furnisher Address

(as reported on your credit report)

 

Your Address

 

Date

 

CMRR#: *******************

 

Account Name & #: (as reported on your credit report)

 

Credit report Dispute #’s: Experian ****, Transunion ****, Equifax****

(listed on your CRA dispute results from this specific issue)

 

This letter is to inform you that the above referenced account being reporting on my consumer file(s) is hereby disputed for lack of completeness and/or accuracy.

 

Be advised that I recently disputed this account with the three major credit-reporting bureaus, and the information was reported as verified and accurate. I am now disputing those findings directly with you, the furnisher of information, and I am requesting that you conduct an investigation as outlined in the FCRA Section 623. Please conduct an investigation into the following inconsistencies:

 

(Delete this and insert detailed info about what is being disputed here…

Read “Requirements of the consumer in a FCRA 623 dispute” . Writing “See Attached” is not advised unless your attachment is fully explained here and then you write “see attached for further details.”)

 

If you’re unable to preform a reasonable investigation, or you’re unable to locate the necessary documents to investigate my dispute(s); then you are required by the FCRA to remove the negative information from my credit reports, which can also include complete removal of the account since specifics were not investigated.

 

If you were able to conduct a proper investigation of the records for this account, and have identified the information that was being incorrectly reported, please update that information on my credit reports to reflect the accurate information found during your investigation and please send me a copy of the corrections made.

 

I’m also requesting that you send me an explanation of the methods used, and a description of the records reviewed to conduct your investigation; including, but not limited to, sending a copy of that information to me so I can conduct my own investigation into the accuracy of your records and verify that a reasonable investigation was completed.

 

This letter was completed and mailed to you on my own accord, and all correspondence related to this dispute should be returned to me at the address listed above. This letter is an attempt to correct the false or misleading information you are reporting on my consumer file(s) and to correct your records.

 

Sincerely,

 

Me

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