HELP!!!! PLS REVIEW LETTER TO CAP 1 BK DEPT.

[octavia]

I refinanced my home back in 2/2007 and Netco made a check payable to Capital One in the amount of $1,377.00 and I still have it because I refuse to send it to a company that was IIB in 2004 ( I know, it's been almost a year, Im lazy I guess).  I learned in 2/2007 that this account showed a balance for this amount.  It was just in October that I came across this forum.  Since then I have successfully disputed Capital One as IIB/paid and it is updated as $0 with the CBs.  But I still have this check (my money, $1,377.00) to Capital One.  Yesterday I spoke to the underwritter at Netco who told me she need a letter from Capital One stating that I don't owe them any money and I can return the check to her and she would then reissue in my name.  So this is a letter I've prepared to send to Capital One Bankruptcy Dept:

My name

Address

SS#

To Whom It May Concern:

I was a Capital One cardholder approximately 4 years ago.  But my relationship with Capital One ended when I filed for Chapter 13 Bankruptcy in 2004 and any/all accounts with Capital One were paid.  My Chapter 13 was discharged in September 2005.

I’m currently in the process of refinancing my home.  During the process of pulling my credit report, my mortgage broker brought to my attention that Capital One is still reporting an open balance of $1,377.00.  My broker informed me that I have to clear this issue up with Capital One before I can finalize the refinancing of my home.

The loan underwriter informed me that I need a letter from Capital One stating that I do not owe Capital One any funds.  This letter to Capital One Bankruptcy Department shall serve as my formal request for said letter.

It is a violation under FCRA to report inaccurate/incomplete information on consumer’s credit reports

I greatly appreciate your prompt attention to this matter as it is delaying the process of my refinancing process.

Sincerely yours,

(printed name)

Please review my letter and let me know if I should include any other info.  Also, is it FCRA that they are violating? or should I just delete that sentence?

Any/all advice is helpfull.

Octavia.

Message Edited by octavia on 01-18-2008 07:48 AM

[Anonymous]

Dispute as IIB.  You may be asked to provide copies of your court docs tho.

[octavia]

Thanks Brammy! I have successfully disputed (Dec. 2007) as IIB and it has updated to $0.

I've been holding on to this check since February 2007 (which is when I actually refinanced, but Cap1 don't need to know that).  Right now Im just trying to get this check into my name since I have corrected my CRs.

The above letter is what I wanna send to Capital One so the loan underwriter (Netco) can reissue the check in my name.

Octavia.