First Premier -- May not be his account ???

[trix_r_4_kids]

Hello:

I'm working on DH's credit reports.  We recently got a copy of his Experian file.  There is an account listed for First Premier that was allegedly opened in April of 2009.  The balance of $454 shows a CO for 12/09, 1/10, 12/10, 9/12, and 10/12.  He swears up and down that he never opened an account with them.  Also, I don't recall ever seeing any bills, notices, or letters from them either and I am the one who gets the mail at our house.

His credit report shows a Social Security number variation in which two of the digits are transposed.  Is it possible that someone else's First Premier chargeoff is showing on his report?  If so, what is the best course of action to remedy this?

Any help you can provide is GREATLY appreciated

[guiness56]

Yes, it is very possible.

I would send a direct dispute to FP under FCRA 623(a)(8).  Be specific in your dispute and provide documentation to back it up.  They are required to investigate and remedy errors.  They also have to notify you of the results.

Until you here from them, don't dispute with the CRAs. 

Here is a format to use (Thanks RobertEG, hope you don't mind):

Sample format, mailed directly to the party who reported the disputed information:

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

       ►       (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb:

       ►  “This is a direct dispute of credit reporting. This is not a request for debt
              validation/verification  under FDCPA §809(b).”.  (don’t let them just simply sluff it off as a meaningless  DV letter)

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:
           (specify the account number, and the specific information that is disputed under that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; it is recommened to also include, as part of your documentation, at least a copy of the portion only of your

             recent credit report showing their reporting of the disputed information was actually reported to your credit flle.  The implementing rule suggests a  showing

               that it appeared in your credit report)

[trix_r_4_kids]

Thank you SO much!!!

[guiness56]

Any time!

[trix_r_4_kids]

Okay ... So I sent the following 623 letter to First Premier:

To Whom It May Concern:

This is a Notice of Direct Dispute under the provisions of FCRA §623(a)(8)(D) and 16 CFR 660.4, of the accuracy of information you have reported to my credit file.  You are inaccurately furnishing information regarding the above referenced account.  As such, you are in violation of the reporting requirements of the Fair Credit Reporting Act, Section 623 (Responsibilities of Furnishers of Information) and the Fair Debt Collection Practices Act for which you are responsible.  This is a direct dispute of credit reporting, not a request for debt validation or verification under FDCPA §809(b).

The above referenced account number is not mine.  I have no knowledge of ever initiating an account with First Premier Bank.  In reviewing a recent copy of my credit report, it came to my attention that there is a Social Security number variation in my file.  It is my contention that someone with the SS# of XXX-XX-1356 may be showing on my report as my SS# is a variation of that number.  I am attaching the portion of my credit report that shows your inaccurate reporting. 

Your blatant disregard and violations of the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and my rights as a consumer have caused harm to me by seriously affecting my credit rating, causing the denial of credit, as well as causing me to be charged higher interest rates and unfavorable loan terms.

Should you not be able or willing to provide me with the substantiating documentation as verification and validate your claims to cure these violations within the next 30 days, I insist that the negative information deleted from any and all credit reporting agencies you have reported to AND provide an acknowledgement, in writing, that this alleged debt has been extinguished, and there will be no more attempts to collect upon said debt by your company, or any other.

Please be advised that you are not allowed to contact me via telephone, email, or any other electronic means, as it is inconvenient.  You are only allowed to communicate with me in writing.

Sincerely,

DH

Today we got a letter: "Thank you for contacting us regarding your credit card account ending in 1234.  We have removed your telephone number(s) from our account information files as requested.  You will continue to receive correspondence and/or notices until the account is paid in full.  If you have any questions call us......" blah, blah, blah.

Is it me, or does their reponse not deal with the issue of them reporting on an account that isn't his?  It doesn't sound like they validated it at all.  What should our next steps be?

[Shogun]

Sounds like they didn't address the issue. Are you sure its not his account?

[guiness56]

I would file a complaint with the FTC for them not addressing the issues and just continuing to state you owe money.  Say you filed a direct dispute with them and include a copy of their response in your complaint.

It can be done online or mailed I believe.

[trix_r_4_kids]

He swears up and down that he never opened a First Premier account.  Also, I do not recall any FP bills/letters/notices ever coming to our house.  I'm 99% sure it is not his.  There was another SS# showing up on his CR.  I'm thinking they put the account on the wrong CR.

So how do we follow up?

[guiness56]

If you send them another direct dispute they may say it is frivolous.  I would file a complaint with the FTC.

[trix_r_4_kids]

Sorry, Guiness.  I didn't see your response until after I posted my response to Shogun.

I'll try the FTC route.