Please Critique My Dispute Letter for Wife

[beachdude]

I'm writing a letter on behalf of my wife to get a derog removed from her CR.   Please critique my letter.

SUMMARY OF SITUATION:  Per RobertEG's template, I added my info.  I'm disputing the "late" status of 3 payments, which were arranged with a CSR in June 2011.  Citi is saying that "July, August, and September" were late because the arranged payments were less than the minumum payment.  Why would a CSR arrange a less than minimum payment, accept a payment over the phone and then classify the arranged payments as "late?"

BEGINNING OF LETTER

This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), 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:

 Identification of the specific information being disputed:

          Account Number –XXXXXXXX

Disputing months of July, August, and September 2011 being reported “late” when they should be reported “current.”

Basis for the dispute:

On June 21, 2011 a verbal agreement was made with payment arrangements to automatically be withdrawn for the amount of $165.00.  Funds were automatically withdrawn as agreed upon on July 20, 2011, August 19, 2011 and September 21, 2011 each for the agreed upon amount of $165.00.

In October 2011, Citibank terminated the agreement and the account was reporting as late for the July, August, and September of 2011. 

 Supporting documentation:

Going to attach

1.  credit card statements for June through September 2011

2.  credit report showing disputed information

 “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 back to me the results of your investigation within 5-days after your completion of your investigtion.” 

“Should you find the disputed information to be inaccurate or incomplete, or you cannot verify the accuracy or completeness of the disputed information, you are additionally required, under FCRA 623(b)(1)(E), to also promptly notify the credit reporting agencies of deletion of this information from my credit file.”

END OF LETTER

[annielorie]

Do you also have a copy of the payment arangement if so include it.  Why did they stop taking the funds?  ALso I would lighten up on the strong tone you can be strong and still be nice it helps.  I know that you are mad that they reneged on the agreement but if worded a little softer it may help otherwise its great. concise informative and to the point and very clear  Hope that helps

[beachdude]

Thanks for your input Annie.

I don't have a copy of the payment arrangement, nor does my wife who made the deal over the phone with the CSR. 

I'm actually not mad at all - I'm just trying to point out the facts.  They didn't stop taking funds - what they did was make a payment arrangement over the phone that was for less than the minimum payment - thus making the account show as "late."  I'm not sure if this was just a bad deal made by the CSR or the bank was happy being able to tack on fees each month via purposely making a bad deal??

[GregB]

A payment arrangement for less than the minimum would normally still be considered late and can legally be reported as late. It really is up to the creditor and the arrangement worked out. If something was not specifically spelled out in the agreement then they can still report you late.

Accepting less than the minimum whle not persuing negative actions such as closing the account and/or collection is completely separate from reporting to the CRAs. A typical example would be a mortgage where you work out a lower payment but then are reported late every month.

It doesn't look like you have any legal basis to expect the lates to be removed so I would be extra nice to them and ask for this as a goodwill gesture. Adding information that you understood that you would not be reported late could help as you ask for goodwill.

[beachdude]

Thanks for that bit, GregB.

Based on your input, I have modified my letter as shown below:

Dear Sir or Madam,

I’ve been a Citibank for many years and have had good experiences over the years.  An issue has recently been brought to my attention that I’m hoping you can help me resolve.  I have three 90-day delinquent marks on my account for the months of July, August, and September 2011.

At the time of the delinquencies, I had arranged automatic payments with a Citibank representative over the phone.  The agreement made was for $165 per month.  To my satisfaction, that amount was automatically withdrawn from my account for the months of July, August, and September 2011.  It was surprising to see that in October when I viewed my statement, the account was showing “late” for those same three months.  I then noticed that the deal made with the representative was for an amount lower than the minimum payment.  Had I known at that time, I would have gladly paid the minimum.  Unfortunately, this was not disclosed to me by the representative.

Please consider removing the late payments for July, August, and September 2011.  I understand that it’s probably not a common practice to do such a thing however I feel that I was misled into making a payment arrangement that was ultimately not good for me.  I look forward to continue being a valued Citibank cardholder and hope that you will consider my request.

[annielorie]

Much better you sound less mad and your tone comes through as diligent and earnest good letter By the way if I made an arragement in good faith like that and then got three lates ID BE MAD