I am on chex for 3 banks due to foolishness and cant even open a savings, I sent a validation letter to chex and no one responded and they took all 3 off and now my report is clean. I didnt even know you could do that with them, it works!
Yes, quite clearly it does work. I have used it very successfuly with chex systems several times before to help those with such problems. Chexsystems, telecheck and all the rest fall smack-dab under FDCPA. And now so does IRS. That's another great breakthrough for the consumer/taxpayer. Of course, "taxpayer" is another IRS faslity too used to hoodwink people. We know that no such thing exists as a "taxpayer" and never has. The term "taxpayer" is clearly defined in law as being a person who has been assessed a tax by IRS, yet that odiferous title has long been hung around the neck of the citizenry in order to more effectively hoodwink and brainwash him into believeing that he is in fact a taxpayer. The sad fact of life is that he has also been brainwashed into believeing that he must be a taxpayer because he has obviously paid a good deal of income taxes. But the truth is revealed when we look at the endorsement on any check used in payment of a deposit against the possibility that we might indeed owe a tax. Be that as it may, what to do when a person reaches the age of retirement and the government insists that he open a checking account in order that they might electronically deposit his pension each month but no bank will allow him to open an account? Something must be done and done quickly and since chexsystems falls under FDCPA the answer is quite clear. It is also now clear that chexsystems and their ilk do not fall under GLBA unless they guarantee the amount of the check to the merchant and indeed pay the merchant for the check and thusly bring themselves under the auspices of GLBA. In that instance they are subject to FDCPA, FCRA and GLBA. Oh what webs we weave in our attempts to trick and ensnare others. LOL
A bit off topic here, Bill but does the M.I.B. (medical report) fall under the consumer protection laws?
I'm not real sure about that. I think that it would, but I'm just guessing. Maybe we can get Westcap to answer that one. I'll bet he knows. And if not, there are most likely others in here who do. I just don't think I am qualified to answer that one. Sorry
I'm not Bill <VBG> but, yes, you can contact MIB and find out what, if anything, they have on you, and dispute inaccurate info. Most people do not have any file there, but it doesn't hurt to make sure. Types of things that get you on MIB: drug/alcohol abuse/use - arrests, medical treatment domestic abuse - hospitalizations or police intervention treatment for life threatening illnesses - heart attack, cancer, etc. treatment for mental illness such as depression suicide attempts - hospital or police records More mundane medical info such as flu, allergies, appendectomies, etc are not on there. http://www.mib.com/ Not recorded with MIB - any public health department services (a little secret only insurance agents know) MIB services the insurance industry. If you find inaccurate info in your file with them, I will be happy to help get it corrected. It happens - Been there done that.
Update-help - I talked to rep this morning, she said no one responded within 30 days which was the 23rd, I was told this morning all will be deleted, I called back just know to see and was told the chex rep in charge called all 3 banks to tell them it would be taken off cuz they didnt reply and all 3 banks said it is to remain becuz they are mine and they all have sig cards to prove it, can they call to tell them after the 30 days? I just needed a day to go open an account even if it were to be put back on later- what the hell is the point of the 30 day period then???any answers would be appreciated.
I have not posted very often but have learned a lot through your wisdom. I don't know if I still have a checksystem derog or not. I have 2 bank accounts but about 5 years ago I had a overdraft that went south from National City. I am not sure if it is still on there but at any rate how does the validation work? Is it the same as requesting a validation of a debt from a collector? Do I use the same type of a format on my validation letter as I would a collector; and are they required by law to either show a validation of the debt or remove it the same as one of the 3 major credit bureaus? I appreciate your help.
You still have not received validation and your 30 day period is in great shape. If they called you that is another violation of law. The point of the 30 day period is that if they do not properly respond to our demand for validation you have the right to sue them and if you choose to do so you might also use the threat of suit for their violations of law to get it off. If you go at it rigth you can still win the day one way or the other. Don't give up when you are riding the front runner.
I just want one question answered- Chex told me That even though the banks didnt respond within 30 days, after the 30 days when they go to delete it they must call the bank to tell them they are deleting and if the bank says I have proof its theres (which they do have sig cards) they do not have to delete. Even though this occurs after the 30 days, Is this legal with chex?
There is just three things to understand here. 1. They are within their right to do as they are doing. They have a contract with their customers and they will of course want to honor that contract. 2. You demanded validation of the debt. Validation is a legal and lawful demand and the requirements that they must meet in performing the validation you rightfully and lawfully demanded are well defined in law and by the courts. They have failed by any and all standards to obey the law. 3. You have a legal and lawful right to demand monetary redress for their violation of your rights. The damages that are potentially available to you could be as much as $100,000 because juries have awarded those kinds of damages in exactly the same circumstances before. They refuse to honor your demand and refuse to do your bidding as well. If you accept that and do nothing to enforce your rights under the law then they will just go on about their business and you can sit there and cry about it. Nothing will happen. You can have a checking account a few years down the road after they get through punishing you for whatever your past sins may have been. So if you stand up and make sure they obey the law and understand that they might have some chance to escape heavy monetary damages that could amount to as much as 100 grand then they may decide to see things your way rather than lose the case, pay the attorneys and the damages. So it's up to you. Do you enforce your rights under the law or do you just keep on posting to these board and crying about how unfair it all is? The choice is yours. Fight or die so to speak. I say that if I must suffer then I might as well get paid for it.. Green pain medicine they call it in the insurance industry
Thanks, Breeze. As long as I am getting my house in order I may as well check this out. I'll need life insurance in the next 12 months.
