Sample letter for disputing inaccurate item?

[rizeninme]

I need a sample letter that I can use to dispute items that are inaccurately reported on my credit report- I have an account with Carico shown as a charge-off and Mitsubishi Motor as a repo when both items were included in BK. We were just approved for a mortgage, and our lender had us fax copies of our BK paperwork proving that these items were included and recommended we dispute, but I'm not sure how. I have already used several of the letters on this site, which have been very helpful, so hopefully someone has something I can copy, paste and edit for this situation. Thanks!

Message Edited by rizeninme on 09-28-2007 07:27 PM

[SmartCookie]

Most (but not all) people dispute online... which may get the process started faster for you.  It's best to dispute off of a paid report within 30 days of purchasing it, and it is very fast and easy.  You will get a choice of reason codes and an area to explain.  Keep it simple, just pick whatever code applies.  I personally would dispute this as 'not mine" as you don't have a charge off and you don't have a repo.  Keep it simple, they might wipe it entirely, or should update correctly if they take the time to verify it.

When did you file and what Chapter BK? 

Edit:add'l info

Message Edited by SmartCookie on 09-29-2007 12:32 AM

[rizeninme]

Filed Chap 13 BK in 2002, discharged in 2005. So I can dispute online that an item was included in BK and ask for it to be changed from "charge off" to "included in BK? Won't they need proof?

[SmartCookie]

---

rizeninme wrote:
Filed Chap 13 BK in 2002, discharged in 2005. So I can dispute online that an item was included in BK and ask for it to be changed from "charge off" to "included in BK? Won't they need proof?

---

I wanted to check to see if you were past SOL but you aren't.  Yes, dispute online (again, on a paid credit report as it gives them less time to investigate and respond) but your best course is to dispute for the reason of 'not mine' as I had stated earlier, you don't have an outstanding debt or repo in to these 2 CAs.  They should respond by either deleting both entries, or updating it to show it was included in the BK. 

If you dispute and ASK them to update that and hand them the information, they will most likely comply and you are sure to have it on your report till around 2009.  I'd try option 1 first!  It is not lying... you don't have those 2 debts. 

[rizeninme]

OK, back to square one....I just tried disputing these items online with Experian and received this message "We have already investigated this information, and the creditor has verified that it is correct. If you still have a question about it, you may want to contact the creditor, or if you have additional relevant information, click here."

Should I submit another dispute under the "additional relevant information" section, or just dispute directly with the OC? If I dispute with the OC, do I just ask them to accurately report that the item was included in the BK?

Does anyone have a sample letter on how to word this????

[SmartCookie]

read this thread, it may be helpful  http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=19267

I think your best course of action now is to threaten to sue the OC for inaccurate reporting.  Hopefully they will just remove the 2 entries and not update them... that of course is better for you.

If you go ahead and ask them to update them they will be happy to oblige, but why do that when you have a very good chance in this situation of them wiping them.  Use that chance!  If they choose to update accurately that's legal.

I know you are under time constraints but if at all possible I would handle this in the fashion of what is in the thread above as opposed to continuing to deal with the CBRs at this moment.  Maybe the OP in that thread can tell you how it went for her.  Send anything CMRRR.

Edit: add'l info

Message Edited by SmartCookie on 09-29-2007 02:37 PM

[rizeninme]

So, this is the letter I have drafted...anyone see anything that should be changed?

Dear Sir or Madam:

This letter hereby notifies you that the accuracy of this reported debt is in dispute. In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act, and corresponding case law you must correct any erroneous reporting to any and all credit reporting agencies.

The status of this account is listed on my credit report with Equifax as “Bad debt; placed for collection; skip”, and listed with TransUnion as “Charged off as bad debt.”

However, you were notified by the United States Bankruptcy Court – District of South Carolina, that my bankruptcy was discharged on 08/08/2005, and you have failed to update my account information with all credit reporting agencies accordingly.

Please correct your records and immediately update the status of this account to all sources to which you have reported, Equifax, Experian, and/or TransUnion.

Failure of your company to comply with this request will be a violation of the Fair Debt Collection Practices Act and will directly result in a complaint filed with the Federal Trade Commission and the State of Texas Attorney General's office. Please be advised, should this request be violated, I will pursue all criminal and civil claims, including any and all punitive damages, allowable by federal and state law against your company.

I look forward to your timely written response.


Best regards,

[SmartCookie]

I am not a lawyer, and this is not legal advice. 

Personally, I would handle this as a USC violation, not Fair Credit.  If it were ME, I would probably write something like this:

Dear Sir or Madam:

I am writing to you regarding information which is appearing on my credit report.  Please be advised that the $xxx.xxx debt was included in my bankruptcy.

The reporting of this debt in violation of the discharge injunction under 11 USC 524.

If the information is not removed immediately I will reserve all my rights to seek redress.

Very truly yours,

Mrs. High FICO

And I would include copies of the BK paperwork that you read about in the link up there, sent CMRRR.

They may remove it by deleting it entirely, or they may remove it by updating it to something factual.

Edit:typo

Message Edited by SmartCookie on 09-30-2007 11:14 PM

[rizeninme]

Thanks SmartCookie- I did a little more research and I realized that I was referring to laws that don't necessarily apply. So this is my next draft:

Dear Sir or Madam:

This letter hereby notifies you that the accuracy of this reported debt in dispute. In accordance with the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 you must correct any erroneous reporting to any and all credit reporting agencies.

The status of this account is listed on my credit report with Equifax as “Bad debt; placed for collection; skip”, and listed with TransUnion as “Charged off as bad debt.”

However, you were notified by the United States Bankruptcy Court – District of South Carolina that my bankruptcy was discharged on 08/08/2005, and you have failed to update my account information with all credit reporting agencies accordingly.

Please correct your records and immediately delete this erroneous information from my credit file with all sources to which you have reported, Equifax, Experian, and/or TransUnion.

Failure of your company to comply with this request will be a violation of the Fair Credit Reporting Act as well as The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C § 528, and will directly result in a complaint filed with the Federal Trade Commission and the State of Texas Attorney General's office. Please be advised, should this request be violated, I will pursue all criminal and civil claims, including any and all punitive damages, allowable by federal and state law against your company.

I look forward to your timely written response.

[SmartCookie]

Honestly I would not choose to send that.  The best approach is to keep it very simple and factual and not elaborate into it any other issue than the 524 (not 528) violation.  You don't want to appear demanding or threatening, the purpose of the letter is simply to put them on notice.  The more you add to the letter the more you risk blurring it.  They have gotten this letter before.

I would not ask or offer information regarding them updating it, you aren't required to if they want to they will without you asking.  That's what they get their paychecks for.  State just the facts, they are reporting it as a debt and they can't, so that debt needs to be removed.   You may get it wiped out as I said, I would not want to miss that chance.  Again, if they update on their own accord to show it was discharged, that's fine.

Personally I would not ask for a written response.  For your own records, you are sending CMRRR and again, they know that if they ignore you, they get dragged into BK court.