Incorrect reporting

[SSH0126]

Sorry I am not trying to be difficult so should I contact RAC or the Credit bureau first??

[Anonymous]

RAC first, then CRA if RAC doesnt work with you.

Yeah, DV and dispute is different.

DV is for a CA to have them confirm the debt and that they have a right to collect it.

A dispute is disputing either the entire debt, or some aspect of it (ie wrong DoFD, wrong amount due, etc).

[SSH0126]

Thanks for clearing it up.

Okay so I need to go on here and find some dispute letters. 

[SSH0126]

okay I have looked through a number of threads and there seems to be confusion of dv and dispute..

Can anyone point me in a directionof a letter for a dispute to the orginal creditor...

[Anonymous]

Use the sections you need.  Be very detailed in what you are disputing and why.

 

“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.

[SSH0126]

February 23st, 2013

RAC Acceptance

5501 Headquarters Dr

Plano,TX 75024

Notice of Dispute

Dear RAC Acceptance,

I have just reviewed my credit report and have noticed there is an inaccurate item on my report:Experian

“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.

RAC ACCEPTANCE: Account Number :xxxxxxxxxxxxxxx

1)    I am showing on all three credit reports that you are reporting a write off in the amount of $5,698. I returned this furniture at will and undamaged thus there was nothing to write off.

Please either update the listing to include only the correct information, or remove it entirely.

I have enclosed a copy of my driver's license and social security card as proof of identity.

Thank you for your time and consideration.

Sincerely,

[SSH0126]

Sigh Is there anyone that can help me with this. I am having trouble knowing exactly what to put. THANKS in advance!!!

[Anonymous]

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.

  “This is a direct dispute of credit reporting.

“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:   Account number_______.  You are reporting this as a charged off account.  Charge off/never late but written off.

“Basis for the dispute:

 This is inaccurate due to the fact that this furniture was returned, at will and undamaged on ________________. Therefore, there was nothing to write off.  As a rental company and per the written agreement, there is no minimum time frame to rent the furniture.  Additonally, I paid a monthly service fee to your company for any damage that may of been incurred during my rental period.  Since the furniture was undamaged upon its return, there would be no additonal fees.

You might want to put something here about how it is affecting your credit.

“Supporting documentation:

     Enclosed is a copy of the rental agreement and a copy of my current credit report.

[RobertEG]

Yes, send the direct dispute.  It will require them to investigate the accuracy of the reported information, and respond back to you within 30 days.

However, be aware that the dispute processes under the FCRA do not require that verification be accompanied by documentation or proof.

They simply have to conduct a reasonable investigation, and convey their  good-faith determination that their investigation has affirmed the accuracy.

The proffered dispute letters argue the facts, which is fine, but they are not required to present their own "facts."

The FCRA dispute processes do not provide for any party to evaluate differences in asserted facts or reach a determination of which position is correct.

You may simply receive their statement of verification.

To get a review of the facts and a binding determination requires getting the matter before a party authorized to do so.

That is the purview of the courts.  You might have to bring civil action to get a determination on the facts.  It does not actually become incorrect reporting until a court says so.

[Anonymous]

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@RobertEG wrote:

Yes, send the direct dispute.  It will require them to investigate the accuracy of the reported information, and respond back to you within 30 days.

However, be aware that the dispute processes under the FCRA do not require that verification be accompanied by documentation or proof.

They simply have to conduct a reasonable investigation, and convey their  good-faith determination that their investigation has affirmed the accuracy.

The FCRA dispute processes do not provide for any party to evaluate differences in asserted facts or reach a determination of which position is correct.

You may simply receive their statement of verification.

To get a review of the facts and a binding determination requires getting the matter before a party authorized to do so.

That is the purview of the courts.  You might have to bring civil action to get a determination on the facts.  It does not actually become incorrect reporting until a court says so.

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How does the OP write it?  What is included?  How is it worded?