First USA reporting charge off

Discussion in 'Credit Talk' started by BKinNE, Jul 1, 2004.

  1. BKinNE

    BKinNE Active Member

    Well, First USA is giving me lots of problems in reporting a charge off instead of a IIB. I wanted to post my dispute letters to both the CRA's and First USA for feedback........will they work?
    _________________________
    To the CRA's

    July 2, 2004

    Dispute Department
    TransUnion
    2 Baldwin Place, PO Box 1000
    Chester, PA 19022

    Dear Sirs:

    I am writing to dispute items on my credit report that are incorrect. The reference number for my report is 110347814. First USA Bank is falsely reporting a current and past due balance in the amount of approximately $29,904 on account number 441711214122xxxx. They also report this amount as charged off. This incorrect reporting is causing a lower than appropriate credit score, as the false balance is causing my debt to available credit ratio to be reported as 62%. My true debt to available credit ratio is well under 20%.

    There are several pieces of evidence I will show to prove beyond any doubt that the reporting of the account is incorrect. First, this account was included in my Chapter 7 bankruptcy that was discharged in October of 2003. Therefore, the current and past due balance should be $0, with the notation â??Included in Bankruptcyâ?.

    Next, as shown on the enclosed Experian credit report dated 12/23/03, this account was sold to another lender. This is as reported by First USA, even though they now make no mention in my credit reports that the account was sold. This sale is further evidenced by the enclosed Experian credit report dated 02/11/2004. You can see in the account detail that the account was â??sold to: WEINSTEINâ?. When I originally received this report, I telephoned both First USA, and WEINSTEIN, and both companies confirmed that First USA was no longer the owner of the account. How can they show I have a past due and current balance, as well as a charge off, when they do not even own the account?

    So, having already made online disputes regarding this matter with no results, I ask that you reinvestigate the false information, and either correct it, or delete it. As aforementioned, I have enclosed evidence that should leave no question that the reporting of the account in dispute is false. I ask that you exercise your obligation to conduct an impartial investigation, and correct or delete the false information.






    Encl: Experian Credit Report dated 12/23/2003
    Experian Credit Report dated 2/11/2004
     
  2. BKinNE

    BKinNE Active Member

    And, the letter to First USA, the creditor:
    Has anyone had any success? I am hoping using slightly aggressive (or ambitious) wording may get someone to act. But, I will have to wait and see.
    _____________________

    July 2, 2004


    Credit Report Disputes
    First USA Bank
    900 North Market Street
    Wilmington, DE 19801-3030

    Dear Sirs:

    I am writing to dispute items on my credit report that are incorrect. First USA Bank is falsely reporting a current and past due balance in the amount of approximately $29,904 on account number 441711214122xxxx. You also report this amount as charged off. This incorrect reporting is causing a lower than appropriate credit score, as the false balance is causing my debt to available credit ratio to be reported as 62%. My true debt to available credit ratio is well under 20%.

    There are several pieces of evidence I will show to prove beyond any doubt that the reporting of the account is incorrect. First, this account was included in my Chapter 7 bankruptcy that was discharged in October of 2003. Therefore, the current and past due balance should be $0, with the notation â??Included in Bankruptcyâ?. You report to some agencies a charge off in November 2003 (after my Chapter 7 discharge), and sometimes you report a charge off as of September 2003 (while my Chapter 7 stay was in full force). There is no legal basis for any â??charge offâ? status.

    Next, as shown on the enclosed Experian credit report dated 12/23/03, this account was sold to another lender. This is as reported by First USA, even though you now make no mention in my credit reports that the account was sold. This sale is further evidenced by the enclosed Experian credit report dated 02/11/2004. You can see in the account detail that the account was â??sold to: WEINSTEINâ?. When I originally received this report, I telephoned both First USA, and WEINSTEIN, and both companies confirmed that First USA was no longer the owner of the account. How can you show I have a past due and current balance, as well as a charge off, when you do not even own the account? Is your claim that I owe you, I owe them, or who? The truth is, as all of my other accounts show, that I owe nobody, because the debt was discharged. Again, that means my balance is zero.

    So, having already made online disputes regarding this matter with no results, I ask that you correct the false information, or delete it. As aforementioned, I have enclosed evidence that should leave no question that the reporting of the account in dispute is being deliberately falsified. I ask that you fulfill your legal obligation to report my account data accurately.

    I hope to be able to resolve this matter at this level. My only goal is to have an accurate reporting of my past accounts. I do not believe that is too much to ask.

    Encl: Experian Credit Report dated 12/23/2003
    Experian Credit Report dated 2/11/2004

    TU-618 2/7/04, 615 7/1/04--lower, thanks First USA
    EX-622 2/7/04, 642 7/1/04--wow, something is up!
    EQ-624 2/7/04, 619 7/1/04--lower, thanks First USA

    BKinNE
     
  3. BKinNE

    BKinNE Active Member

    ^bump^

    anyone have any input as to whether my letters of dispute are satisfactory? I need to know if I am on the right track.
     
  4. jb6969

    jb6969 Well-Known Member

    Unfortunately, I think that FUSA will continue to ignore us until we get a class action suit brought against them.
    My stomach actually turns thinking about this because, as an individual, it makes you feel helpless.

    I tried the "threat to sue" letters, and I have been, basically, ignored. With the Randolph decision recently, I think that FUSA will fight every individual lawsuit.

    There has to be an attorney that is willing to battle FUSA/BankOne on this issue with thousands of clients ready to step up.
     
  5. BKinNE

    BKinNE Active Member

    Actually, I am amazed that no attorney has stepped up for this one as a class action. I think the legal violations are so obvious, an attorney would see it as a likely winner.
     
  6. BKinNE

    BKinNE Active Member

    Actually, I am amazed that no attorney has stepped up for this one as a class action. I think the legal violations are so obvious, an attorney would see it as a likely winner.
     
  7. BKinNE

    BKinNE Active Member

    Actually, I am amazed that no attorney has stepped up for this one as a class action. I think the legal violations are so obvious, an attorney would see it as a likely winner.
     
  8. JerMaurer

    JerMaurer New Member

    JB, how did you get your BK deleted from one of the CRA's? I'm really curious.

    Please email me or PM me. Thanks a bunch.

    JER
     
  9. jb6969

    jb6969 Well-Known Member

    I just kept disputing the record. I actually had 2 BK filings deleted from my Equifax report. I filed in Dec. 2002, and that was dismissed. I refiled in August 2003, and that was discharged. On my EQ report, at first they listed the filings correctly. I disputed both as "not mine" and the discharged one was not verified and therefore, deleted. Guess I got lucky on that one. The BK that was dismissed came back as verified, but now it said it was discharged. Well, the case number did not match a discharged Bk filing, so I disputed that and it came off.

    I am still trying to get TU and EX to delete, but they continue to verify. I'll just keep disputing every few months. Maybe I'll get lucky on those.
     
  10. BKinNE

    BKinNE Active Member

    Happy to see everyone's progress pulling back ahead!
     
  11. BKinNE

    BKinNE Active Member

    Well, I mailed my letter disputing First USA's reporting my IIB as a chargeoff.....as of now, Experian has corrected, Transunion has asked for my Chapter 7 papers, and Equifax sent letter stating that CSC Credit Services handles my report, not them.

    Should I send the BK paperwork to Transunion?

    Also, Experian updating my report brought my FICO (real one) from 642 to 682! Forty points for one bad tradeline being reported!

    EX-622 2/7/04, 642 7/1/04, 682 7/17/04
     
  12. goldhummin

    goldhummin Well-Known Member

    Re: Re: First USA reporting charge off

    1,000 times no. It's THEIR job to verify -- not YOURS. It you do it will just super glue the BK to your file.
     
  13. lbrown59

    lbrown59 Well-Known Member

  14. BKinNE

    BKinNE Active Member

    First USA/Bank One/Cardmember Services letter of response

    Dear .......

    As your credit card company, we value your business and want you to be completely satisfied with your credit card account.

    As a result of our investigation, we updated your account information with Equifax, Experian (formerly TRW) and Trans Union credit services. The update will reflect that the account is Charged Off, with a balance of $29,904.94. Please allow 30 to 60 days for the credit bureaus to comply with our request. In the meantime, this letter shall stand as notice of our intent to correct this error.

    We regret any inconvenience this matter has caused you. If you have any questions, please call the toll-free number noted above. For your convenience, we are available 24 hours a day to assist you.

    Sincerely,
    Molly Hunsaker
    Credit Bureau Analyst
    Consumer Dispute Verification
    Fax: 1-888-xxx-xxxx
    _________________________________
    hmm---the error I wanted corrected was the listing of the account as charged off. Now she thinks listing a Charge Off AND a Balance will correct this and make me happy. Geez........is she an idiot?


    What next?

    Oh.....she already lied to me.....I called the toll free number, and I was told the department handling my account is only open from 8am-8pm, and is a different phone number. So, initial contact with Molly: she decided to report false information, and lied to me about how to get more info.
     
  15. BellyUp

    BellyUp Well-Known Member

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