Sample Direct Dispute Letter

[Anonymous]

Hey, I'm sorry, but after searching for a while I can't find a good sample direct dispute letter.  I have something on my report that is not for me and I am past the time that the CA is required to validate.  I would like to dispute it directly through them since the CRA basically just auto verifies it.  Can someone please link a good sample letter to start with?  Thanks!

[Anonymous]

Anyone that can point me in the right direction please?

[RobertEG]

“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.

       ►       (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)

(Provide the following requirements of the rules, as detailed under 16 CFR 660.4):

 “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 recommended that you also send,

             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 to your credit file.

Sincerely, 

[Anonymous]

Thanks so much Robert! I read many people saying you were the expert on this, but couldn't find where you posted it. Thanks a lot.

[StartingLifeOver]

---

@RobertEG wrote:

“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.

       ►       (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)

(Provide the following requirements of the rules, as detailed under 16 CFR 660.4):

 “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 recommended that you also send,

             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 to your credit file.

Sincerely, 

---

An account just showed up on my EX report from Orange Lake Country Club in Orlando, FL for $7k that I think may be a timeshare.  This account is not mine and I'm super frustrated at this point.   I've been in a Chp. 13 bk for the last three years and there's no way I would've been able to purchase this.  Should I include information about my bk in my direct dispute?  Also, I read on one of these blogs, that I should threaten to sue if info is not removed.   Would you recommend saying that?  I just want to make sure I get this right.  

[RobertEG]

Assertions of "account not mine" are a bit tricky, as a simple statement that it is not yours does not provide any documentary basis for them to investigate the basis for that assertion.  Thus, a simple statement to that effect without supporting basis could be result in the direct dispute being dismissed as lacking basis for an investigation.

The direct dispute rules include that as basis for dismissing a direct dispute as "frivolous or irrelevant."

Stated differently, it is presumed that a creditor has some documentation in their files, such as an account agreement, supporting their determination that they have an account with you.  It may not have been submitted/authorized by you, but they have no way of knowing that.  So they have what is presumed to be accurate reporting.

A simple assertion that you did not authorize the account gives no basis for a reasonable investigation, and thus they could either dismiss the dispute, or worse, simply verify as being considered accurate.  When verifying accuracy of reported information, neither the direct or CRA dispute processes require that their verification be accompanied by "proofs."  So you will most likely lose either way, and really at no fault of the creditor, who is making their best, reasonable determination that the debt is owed, and that their documents assert you are the responsible party.  So, no, I would not threaten legal action for their reporting of information that, to the best of their ability, appears correct.

Recognizing the dilemma faced by consumers in this catch-22 scenario of having to prove a negative, congress amended the FCRA to address the issue by adding the identity theft provisions.  They, in a nutshell, provide that if the consumer is willing to put their assertion into a sworn police report, thus subjecting themselves to possible criminal penalties for knowingly incorrrect statements, then they are afforded certain rights.

Those rights include the immediate block of the alleged identity theft information from their credit report (FCRA 605B) and the ability to compel the creditor to produce business records relating to the account and account agreement that was executed (FCRA 609(e)).

Thus, if you have sufficient basis for filing a police report, the recommended process would not be to file a direct dispute, but rather to use the identity theft process provided by the FCRA.  It begins by willingness to file a police report asserting you did not authorize the account that is reporting, and thus its reporting must have been based on use of your identity by another.