BofA had me listed on EWS for an account I overdrew via ATM and left a balance. It was listed as "transacting, or attempting to transact with an account in a prohibited manner" This had been on there since 2013. I had no idea about EWS and only thought Chexsystems was stopping me from opening a new account as I was listed on there as well for the balance of that account. When I filed BK 7 in April, I listed the account and it was removed from Chexsystems. Tried to open a new account and got denied again, thats when I found about EWS and what was listed there. I also found that EWS was extremely difficult to get things removed for up to 7 years. I found a sample letter online somenoe used with success on deleting info from EWS and tweaked it for my information. I faxed it in and recieved a letter back from BofA yesterday saying they were deleting the negative remark!!! Heres a copy of the letter I sent EWS...
DISPUTES DEPARTMENT
Early Warning Services, LLC
16552 N 90TH ST
Scottsdale, AZ 85260
Phone 800-325-7775
Fax 480-656-6850
Date: 8/3/2015
RE: Consumer ID #xxxxxxx
Contribution Reference #: xxxxxxxxxxxxxxxxxxxxx
I have recently been informed that there is negative information reported by BANK OF AMERICA in the file EWS maintains under my Social Security number.
I am not just contacting you to evolve in a frivolous dispute for you to validate this claim. I am contacting you because you are in violation of many banking regulations and Federal Credit Reporting Act consumer laws:
BANK OF AMERICA
Sec. 3403. Confidentiality of financial records
(a) Release of records by financial institutions prohibited
(B) Release of records upon certification of compliance with chapter
Sec. 3410. Customer challenges (all as such)
Sec. 3412. Use of information (all as such)
EWS-participating as consumer reporting agency
[(p) The term “consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis” means a consumer reporting agency that regularly
engages in the practice of assembling or evaluating, and maintaining, for the purpose
of furnishing consumer reports to third parties bearing on a consumer's credit
worthiness, credit standing, or credit capacity, each of the following regarding
consumers residing nationwide:]
§ 602. Congressional findings and statement of purpose [15 U.S.C. § 1681]
Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete or unverifiable information must be
removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.
A credit report includes information on where you live, how you pay your bills, and whether you've been sued, arrested, or filed for bankruptcy.
My report from EWS reads as such:
Name:xxxxxxxxxxx
SSN/Tax ID #: xxxxxxxxxxxx
Home Phone: xxxxxxxxx Work Phone:
Primary Address: xxxxxxxxxxxxxxxxx
ID #: xxxxxxxxxxxx ID Type: DL ID State: AZ ID Country: USA
Account #: xxxxxxxxxxxxxxxxxx
Incident Date: 5/16/2012
Principal Loss: $.00 Fee Reversal: $.00
Paid/Unpaid/Settled:
Contributing Reason: Transacting (or attempting to transact) with an account in an unauthorized or prohibited manner.
I have searched far and wide through my documentation with no findings or evidence of this “transaction” that occurred.
What also disturbs me is that when this account was submitted to my attorney for a debt with my Chapter 7 bankruptcy in April of this year, BANK OF AMERICA $0.00 out all balances. Please provide copies that I need to turn over to my attorney in order to have this matter resolved. In the absence of any such documentation bearing my signature, ssn, address or likeness thereof, I ask that this information be immediately deleted from the file you maintain under my Social Security number. I also request that upon deletion that EWS forwards this information to BANK OF AMERICA on my behalf.
My contact information is as follows:
XXXXXXXXXXXX
