I have a question that I hope that you all can help me with. Around the 10th of May I disputed my last negative (First USA chargeoff) with all 3 CRA's. Today, I receive a letter from First USA that has me a little baffled. The Letter: Dear Kate As a leader in the credit card industry, we are committed to providing products and superior customer service. We received your dispute from the credit reporting agencies, regarding the information reported for the above referenced account. After researching your 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 credit reporting agencies that the account should be reported as disputed on your credit file pending a further investigation. If you wish to continue the reporting of the account we will be pleased to assist you. To do this, we ask that you send a signed copy of the enclosed affidavit to the following address: Once the information has been received, someone from our Fraud Department will contact you to further investigate your claim. Okay, should I wait the 2 or 3 days before I respond to their affidavit since that wil be 30 days for dispute or should I address it now?
Don't do anything. Just wait for the results back from the CRA's. Sounds like they can't verify. If that is the case then the CRA's MUST delete. If they do not delete, send a copy of this letter to the with this portion underlined[/i]After researching your dispute, including a review of our records related to the account we were unable to clearly determine your responsibility for the account. [/QUOTE]DEMANDING deletion!
Dear Kate, You're well on your way to getting deletion. Folow Javans advise for now. Whatever you do don't help them by signing this affidavit.
Update I received the results of my disputes from Equifax and Trans Union. Trans Union deleted the First USA chargeoff. I only have one last negative left onthat report a medical collection that was placed on my account by error. I have a copy of the UDF and will be mailing that out in the morning. Now, the tricky one, Equifax sent me a letter saying : EQUIFAX VERIFIED THAT THIS ITEM BELONGS TO YOU. ADDITIONAL INFORMATION HAS BEEN PROVIDED FROM THE ORIGINAL SOURCE REGARDING THIS ITEM. SEE ENCLOSED CREDIT FILE. Well, the credit file says: First USA Bank, Account #, Date Opened, DLA, Dispute - Resolution Pending, Date Reported is (06/02) Any ideas on how to proceed with this since it has been over 30 days since I disputed this item. Should I follow Javan's suggestion? Experian is still investigating. I will update that one when, I get word.
Re: Update You need to advise equifax of what the FCRA says. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (a) Reinvestigations of disputed information. (1) Reinvestigation required. (A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer. (B) Extension of period to reinvestigate. Except as provided in subparagraph (C), the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation. (C) Limitations on extension of period to reinvestigate. Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified. (5) Treatment of inaccurate or unverifiable information. (A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation.
Re: Update Thank you LKH for your answer. I will draft a letter tomorrow and include First USA letter saying, "we were unable to clearly determine your resposibility for the account..."and a copy of FCRA noting the timeliness for a reinvestigation of a dispute.
