Newbie Dipute Letter

Discussion in 'Credit Talk' started by TeamSobaco, Jul 31, 2002.

  1. TeamSobaco

    TeamSobaco Active Member

    Hello there all as I stated when I first signed on this board not along ago I did get mixed up with that Bill Bauer Clown...anyways..i sent out dispute letters and I got an aswer back from an OC...heres how the letter goes...I do not want it diputed I want it erased...can someone help me ...I am looking for sugestiopns:

    First Usa Bank


    Dear newbie:

    We recieved your dispute from the credit reporting agencies reguarding your account.

    After researching you dispute, including a review of our records related to the account, we were unable to clearly determine your responsibility for the account. Therefore, we informed the CRA's that the account should be reported as disputed on your credit file pending a further investigation.

    The letter goes on to tell me if I continue to wish for a dispute I should signe and notorize there included fraud affidavit and some one will be contacting me.. I don not want to sign a false statement the account was mine and now I learned my lesson how can i have them delete this thing without further incriminating myself?
     
  2. lynn112

    lynn112 Well-Known Member

    I would say that the letter admits that they can not verify the info they are reporting.
    Don't sign anything.Just send them the second validation letter if they have passed the original 30 days . If they still do not validate, then you should be able to have it removed with this letter & the copy of your validation requests.
    It is not your job to prove if it was you or not, they should do it.
    Hope this helps
     
  3. TeamSobaco

    TeamSobaco Active Member

    BTT
     
  4. LKH

    LKH Well-Known Member

    OC's do not have to validate as they do not fall under the FDCPA. They fall under the FCRA and you can send a dispute referencing section 623 of the FCRA. As far as your reports go, I agree that you should fax that letter to the cra's and demand that they remove the tradeline as the oc obviously cannot verify it.
     
  5. TeamSobaco

    TeamSobaco Active Member

    So what is the letter I need to send to the OC...it is real close to the original 30 days....is the estopple the next step?
     
  6. LKH

    LKH Well-Known Member

    Do not send an estoppel to an oc. I don't think there is an oc letter in the letter section. You can do a search here for "oc demand letters" or "demand letters". Or, just write your own. I am going to suggest that before you attack any other accts, you read the FDCPA and FCRA in full. Then, I don't know if you have read the faq's at the top (the first post) but please do. And lastly, read as many old posts as you can. Make sure you understand what and why you are doing .
     
  7. TeamSobaco

    TeamSobaco Active Member

    bump
     
  8. bigmon

    bigmon Well-Known Member

    I got that same letter from First USA too. I called Equifax and told them what the letter said.

    They told me to send it to them and if they feel the wording warrants deleting the account they will delete.

    It will be interesting to see if they except the wording without me suing them.
     
  9. Butch

    Butch Well-Known Member

    I find their reasoning for placing your acct. in dispute very interesting. They did so because they couldn't "clearly determine your responsibilty", not because you placed the item in dispute in the first place.

    Even a big outfit like FUSA doesn't know the law?

    Wow
     
  10. Butch

    Butch Well-Known Member

    Just wait out the 30 days you gave them in your original dispute letter. In the meantime do some serious reading. If you're in BB recovery you'll have to UN-learn 1/3 of the stuff you know.

    :)
     
  11. SK

    SK Well-Known Member

    Have you disputed this account with the CRA's? If you have, and any of them were to verify, this letter is solid documentation of a violation.

    If you have not disputed with the CRA's yet, then I would recommend you do so right away. This letter indicated that FUSA needed to do an investigation before they could verify that the account is yours. I'll bet this "investigation" (if it really occurs) will take more than 30 days. So, you should have no problem getting deletes from the CRA's.

    At the very least, this action will force FUSA to do their job under the 30 day timeline. Otherwise, they are just fine leaving the status as "in dispute" for as long as they like. They could possibly come up with something in a few months, update the account and then you're out of luck.
     

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