Help

[Anonymous]

I disputed a TL on all 3 reports for US Bank. It shows as paid after charge off. I was assured by my previous company that this account was paid a few weeks after leaving. I have disputed this TL on all 3 reports and it came back verified. I then sent an investigation request to them. They signed for this on 8-5. They are required to respond to my investigation request within 30 days. It is now 36 and I have no reply.

I want to draft an ITS letter to send to them but I need the FCRA/FACTA/FDCPA specifics so I know what to reference. I believe that they are only required to respond to me with the results of the investigation, but they MUST respond. Can anybody help me out with some specifics or even a letter they might have used in a similar situation?

[fused]

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bamf70 wrote:
I disputed a TL on all 3 reports for US Bank. It shows as paid after charge off. I was assured by my previous company that this account was paid a few weeks after leaving. I have disputed this TL on all 3 reports and it came back verified. I then sent an investigation request to them. They signed for this on 8-5. They are required to respond to my investigation request within 30 days. It is now 36 and I have no reply.

I want to draft an ITS letter to send to them but I need the FCRA/FACTA/FDCPA specifics so I know what to reference. I believe that they are only required to respond to me with the results of the investigation, but they MUST respond. Can anybody help me out with some specifics or even a letter they might have used in a similar situation?

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Check out Tuscani's letter on page 2 of this link.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=28399

[Anonymous]

I'm not sure that covers my situation fused....The sections that he referenced deal with a CRA doing an investigation. I know that OCs are treated differently than CAs and CRAs etc and I'm not sure if it's FCRA or FACTA or FDCPA or what that specifies exactly which one it is.

[Anonymous]

I believe that an OC is under the same law as a CA........I would use this letter & see if the CRA wil delete.      Make the changes where needed.

From:
My Address

To: CRA

CRA Address

Date: June XX,2006

RE: Account #XXXXXXX/ Arrow Financial Services

Dear Sir/Madam:

This is a request for deletion of a disputed item. I have attempted to have this alleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that Experian do what is legally mandated by the FCRA and FDCPA, and delete the account listing.

Arrow Financial Services, Account # XXXXXXXX

On March 21, 2006, Arrow Financial Services received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. As of today, June XX, 2006, they have failed to provide any proof or respond in any way.

On May 2, 2006, I sent a second letter. Again, I have received no response. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter.

The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous 3 months since it was requested.

As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor.

Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its entirety as there is no proof of its existence as evidenced by my attached documented proof.

Sincerely,

You

[Anonymous]

Thanks happy I changed it to this for my purpose:

Experian
P.O. Box 9556
Allen, TX 75013
RE: Account # xxxxxxxxxxx/ US Bank

Dear Sir/Madam:

This is a request for deletion of a disputed item. I have attempted to have this alleged debt verified with the alleged creditor to no avail. I am respectfully requesting that Experian do what is legally mandated by the FCRA and FDCPA, and delete the account listing. US Bank, Account # xxxxxxxxxxxx....

On August 5, 2007, US Bank received a request for investigation/validation from me. Attached is a copy of that letter along with the U.S. Post Office certified return receipt showing they did receive this request. As of today, September 11, 2007, they have failed to provide any proof or respond to my request in any way.

I intend to seek legal action against US Bank under § FCRA 623 (b) for violations of the FCRA because US Bank is illegally reporting this account to you, however failure to remove this item after receiving proper notice from me may also force me to include Experian in any litigation involving this account. It is quite evident that no proof of this alleged debt exists or US Bank would have provided it in the previous months since it was requested.

As per the FCRA, if no proof of the debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor. Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its entirety as there is no proof of its existence as evidenced by my attached documented proof.
Sincerely,


bamf70