First Premier Account?? Deletion?

Discussion in 'Credit Talk' started by clk, Feb 18, 2003.

  1. clk

    clk Well-Known Member

    Hi. I just pulled a copy of my TU credit report. There are two first premier credit card accounts showing on my credit. One is negative (Balance $0, 1x60, 1x30). The other one is a positive account that just states Credit Card Lost or Stolen, Balance $0, Prior 23 months from date closed never late, paid as agreed. They have different account numbers ( I think due to the fact that they closed one account due to the card being lost and completely reopened the account under a different account number). How should I go about getting the negative line deleted? I don't want the positive line deleted because I need all of the help I can get :(
     
  2. tac14033

    tac14033 Well-Known Member

    Just keep reporting it lost or stolen to the CRA's and First Premier until FP wants additonal info from you.

    Have you contacted FP about this?? I wrote them a letter for a charge-off simply stating I had no knowledge of it. They sent me a letter stating they would delete it and that was that!!

    Contact them!


    Tac
     
  3. myndi

    myndi Well-Known Member

    HI.. I have one of those on my report. a negative of course. Did they actually delete it for you on all reports? I have read a few things on this board about them and understand it could be a royal pain to get them to delete.
     
  4. tac14033

    tac14033 Well-Known Member

    First Premier deleted them promptly from all reports as promised.

    Good Luck!

    Tac
     
  5. clk

    clk Well-Known Member

    Do you have a sample of the letter that you sent them? Thanks for the info.
     
  6. tac14033

    tac14033 Well-Known Member

    Here is a what I sent them, be advised I had to send the 3 letters and 2 faxes before they wrote me back saying they would delete.

    These were used for my situation only and if they apply to you, you should customize it for your use...



    FIRST PREMIER BANK
    ATTN: CARD SERVICES
    PO BOX 5519
    SIOUX FALLS, SD 57117-5519

    RE: ACCOUNT # 4301 7181 *******

    Dear Sirs,

    I have contacted you several times over the last several months disputing the above account for which you are reporting to the credit bureaus.

    Information you are reporting is incorrect to my knowledge and in my previous letters I have asked for an investigation into this matter and a full accounting of this reported account be furnished to me. I have also made you aware that I was in full dispute over this account.

    This is all pursuant to the laws set forth under the Fair Credit Reporting Act which your company has an obligation to abide by.

    From my research over this matter it is clear that First Premier is NOT willing to abide by the laws it is mandated by. I have sent your company 2 letters dated March 29th, 2002 and April 23rd, 2002 via US Mail Certified Return Receipt Requested for which I am in receipt of your company receiving my dispute over this matter.

    Your company has committed several violations of the Fair Credit Reporting Act, Pennsylvania Fair Credit Extension Uniformity Act and Pennsylvania Unfair Trade Practices and Consumer Protection Law Act. These violations are cited below:

    15USC $623 1681s-2 Duty of Furnishers of information to consumer reporting agencies. (a) Duty of furnishers of information to provide accurate information.

    15 USC $623 1681s-2 Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is DISPUTED BY THE CONSUMER.

    15 USC $616 1681n Civil Liability for willful noncompliance

    15 USC $617 1681o Civil Liability for negligent noncompliance

    PA 73 2270.1 Unfair or Deceptive acts or practices (viii) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the FAILURE TO COMMUNICATE THAT A DEBT IS DISPUTED.

    PA 73 2270.1 Sec(5) Enforcement and Penalties

    First Premier Bank was notified by me on two previous occasions that this debt was in full dispute and an investigation was needed. You were also made aware that information you are reporting is incorrect. I have tried to respectfully reach a quick resolution to this matter but First Premier has failed to comply or try to accomplish this by providing me supporting documentation and facts for the information you are reporting to the credit bureaus. You have failed to notify the (3) credit bureaus â??Experian, Equifax and TransUnionâ? that this account is in full dispute by me as you are required to do under Federal law and PA state law. You also continue to report incorrect information and fail to correct such. Because of these violations and your willful noncompliance of the above laws you have left me no other recourse but to consider legal action against your company regarding the above infringement of my rights.

    As a final resolution to this matter before legal action is necessary I am offering you the option of deleting this entire account from all three of my credit files, namely â??Experian, TransUnion and Equifaxâ? within 15 days of receipt of this letter. I will need in writing your confirmation of such.

    If you fail to comply I will have no other recourse but to file suit in my jurisdiction 30 days from receipt of this letter for violations under the Fair Credit Reporting Act and PA State laws. Please do not take this matter lightly as I will follow through with everything I have stated to you. This is your last chance to resolve this matter without the need for costly time and monetary damages.

    If you need to reach me I can be contacted at the above listed address or phoned at (484)903-****.

    I hope to hear from you soon and look forward to a respectful and agreeable outcome to this matter. Please do not hesitate to contact me with any questions you may have regarding this matter.

    Respectfully,

    Tac

    (2)File
    (1)R. Skoglund, ESQ


    Here is what they wrote back in response to this letter stating legal action would be taken...


    July 23rd, 2002
    First Premier Bank

    RE: 4301 7181 **** ****

    Dear Mr. Tac,

    Thank you for contacting First Premier Bank.

    We have sent information to Experian, TransUnion and Equifax to remove the above referenced account number(s) from your credit report. We have also sent information to our collection agency to remove the account from their records. Please allow 60-90days for your records to be updated.

    We apologize for any inconvienance this may have caused you.

    If you have any questions, please contact our Security Department at 1-800-987-5521, Monday through Friday 7:00Am to 9:00Pm (CST).

    Sincerely,

    Card Services
    First Premier Bank




    There you have it!


    Good Luck!

    Tac
     
  7. myndi

    myndi Well-Known Member

    So they basically caved upon legal threatening? I presume the letters you sent before this one fell on deaf ears?
     
  8. mike5000

    mike5000 Active Member

    Tac,

    Your letter was an inspiration to me. Thank you. I live in Pennsylvania and I have begun to look into the Pennsylvania laws conscerning credit reporting. I have a long way to go but it is nice to know that there are people here that are aware of the Pa. laws.

    Do the Pa. laws override the fedreal laws or are they an extension of the federal laws?

    Could you point out some of major differences that you know of?

    Thanks
    m5k
     
  9. lbrown59

    lbrown59 Well-Known Member

    Do the Pa. laws override the federal laws
    mike5000
    =============
    Only if they are more stringent than federal.

     
  10. tac14033

    tac14033 Well-Known Member

    Yes, they are more stringent then Federal law, PA law is an almost exact copy of Federal Law (FDCPA) except that within PA law it also makes the creditor accountable for collection and reporting and doesn't just apply to collection agency's.

    When I sue it is always under Federal and State Laws, that way if the judge or the defendant talks the judge out of hearing my FDCPA suit in state court I can always fall back on the state law, which any court in PA does have jursidiction under!

    I am always surprised at the amount of people who only rely upon the FCRA and FDCPA only for their suits, many state's like PA have very strict credit reporting and collection laws on the books and it is a shame people don't use them more because sometimes they are better!

    If you need a copy of the law contact you local Attorney General's Office, Bureau of Consumer Protection and ask them for a copy of the entire law. They will send it to you free of charge!

    Tac
     

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