623 response. .sort of

[Anonymous]

I noticed an account on all 3 credit reports from a first savings credit card.  I honestly do not recall ever opening an account with Them .i disputed with all three reporting agencies and it came back verified.  I then sent them a 623 dispute certified mail.  The response  I got was: dear, xxx thank you for contacting us about the above referenced account. The account was opened  11/2010 and closed 5/2011 since the account was applied for online, we do not have an original paper application copy. We hope this information is helpful. .thats all there was. It doesn't answer any of my 623 dispute at all! Plus it took them 49 days to respond.  What should be my next course of action? 

[RobertEG]

You previously disputed via a CRA.

As part of that process, the dispute was referred to the creditor, who verifified that you were the responsible consumer for the account/debt.

A direct dispute that is substantailly the same as a prior dispute filed via a CRA does not require them to conduct a new investigation.

They can dismiss the direct dispute as frivolous or irrelevant.  See the direct dispute rules as 16 CFR 660.4(f) regarding prior disputes filed with a CRA.

The only apparent error is that they should also have informed you that they dismissed the direct dispute per 16 CFR 660.4(f).

Assertion that you are not resonsible for a debt should be handled by way of filing a police report and submission of that report to the CRA under the provisions of FCRA 605B.

That will block the information from your credit report, with no input or involvment of the creditor.

[Anonymous]

Dispute process for items like this never works. For accounts that are not yours, use the ID Theft provision of FCRA to get it removed. It will require a police report and an affidavit swearing you did not authorize the account in question. Send those along with proof if your identity and a copy of your reports with the item highlighted to all three CRA's with the instructions (this is not a request - they CANNOT say no) to exclude the item from your reports within five working days per FCRA ID Theft provision (look up the exact section number and reference it)

Send the same info to the CA reporting it with instructions to close the account and not resell it.

[Anonymous]

Thanks for the info. .I am puzzled though. They are not required to address any of the 623 dispute request?   All three credit reporting agencies have various information about this account.  All three different entries.  Dofd,balance, ect. it's still with the original creditor also. Not a ca.  

[RobertEG]

Yes, they were required to have addressed your direct dispute.

They should have dismissed it.

A dismissal means they have no requirment to investigate or address the dispute on the merits other than to inform you that it was dismissed as being substantially the same as your prior dispute.

I would forget about the direct dispute and turn your efforts to the filing a police report and utilizing the identity theft process.

Even if they had addressed your direct dispute on the merits, they could simply have informed you that they verify that their records show you are the responsible consumer.

They are not required to prove the matter as part of verification.  The dipsute process will get you nowhere if they have basis for their verification.

[gdale6]

You would need to assert a different error in reporting with a Section 623 dispute, one that you did not already address with the CRA, as already mentioned if you are disputing the same thing it would just be dismissed as frivolous. If this account is not yours you will need to assert ID Theft under the FCRA provisions, you can find info on how to proceed here    http://ficoforums.myfico.com/t5/General-Credit-Topics/Victim-of-Identity-Theft-What-To-Do-to-Protect... Good luck in moving forward

[Anonymous]

Thank you all for the great information!  The company just called and said their fraud dept will be sending me a form to  sign and send back.  Should  I wait that or file my own report? 

[Anonymous]

File your own report per FCRA 603b. FCRA in no way requires you to fill out any sort of paperwork from the CA's or the CRA's. The onus is on them to remove the listing in accordance with FCRA provided you send them the four documents listed.

Edit: Sorry, that should have been FCRA 605B, not 603(b).

[Anonymous]

Is 603b identity theft affidavit? 

[Anonymous]

605B is a subpart of FCRA regulating Identity Theft Blocking of Information.

Please take a quick look at this if you have time.

http://identitytheftnetwork.org/Toolkit/TrainingMaterials/NITVANTrainTheTrainers/HandoutsForAttendee...

Although a FTC affidavit is often demanded, a valid (detailing incident, status of information, your position on its validation and dates of occurance) Police Report, a copy of your DL and your identification of information that need to be blocked will be sufficient to have that information blocked.