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What do I ask BOA in the letter they requested?

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Anonymous
Not applicable

What do I ask BOA in the letter they requested?

Hey everyone,

 

So I have a BOA baddie that is on one of my reports. Only on one report. I never had a BOA CC or CL. I had a checking acct with them many years ago, but that's it and that was closed years ago.  My reports never reflected anything of BOA until recently.  So it's been disputed but has not been removed.  So I called BOA directly and after being transferred to various departments, the lady further confirmed that they cannot locate anything with my social or name.  So I said why is this not getting removed from my report?  Her response is that when its disputed, they probably cannot find it to confirm the acct.  Really lady?  So I asked if BOA can give me a letter confirming that this acct does not belong to me and that I am free of any connection to BOA.  She responds that they don't do that just by my phone request.  She said I could write them and request a letter proving I have no acct with them.  So my question is....

 

Am I asking them for this letter to clear my name and that this acct is not mine?  Or am I also asking them to do a second errand and properly report this to the credit bureau?  What are the chances that they will do both?  Even if I get this letter from BOA,...me sending it to the bureau....will the bureau accept this being that it comes from me and not BOA?  Any insight is appreciated. Thx

Message 1 of 3
2 REPLIES 2
RobertEG
Legendary Contributor

Re: What do I ask BOA in the letter they requested?

Phone reps often do not have full access to all archival information retained by their organization, and thus cannot, based on their limited inability to find info, make a legal statement on behalf of the company that you have no debt or obligation to them.

 

If you filed a dispute, they were required to have conducted a reasonable investigation, either direclty if you filed a direct dispute, or upon referral to them of the dispute from a CRA.  Verification must be based on a reasonable finding based on that investigation.

If they verified without having investigated, or having investigated, found no accunt upon which to base that determination of accuracy, then they have violated the provisions of the FCRA.  However, since they are not required to provide their documentation/evidence as part of their veriifcation, you most likely will not have factual evidence of any violation on their part without first bringing civil action, and using the pre-trial discovery process to compel them to produce theri supporting documentation.

 

Due to that inherent limitation in the administrative dispute processes under the FCRA, it was amended to provide a process to remove any information without consiederation of any prooofs by either side if the consumer is first willing to state in a sworn police report that they neve had any such account/debt with that party.

You thus may wish to use the identity theft process of section 605B to get their reportingi blocked from your credit report is you can attest that you never authorized any such account.

Message 2 of 3
Anonymous
Not applicable

Re: What do I ask BOA in the letter they requested?

Hmmm, ok thank you.  I will proceed with this in mind then.  Gonna read the steps I need to take to get this done.  Thank you. I appreciate it.

Message 3 of 3
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