December 13, 2001 Dear Ms. Xxxxx Re Account xxxxxxxxxxx I am in receipt of your letter dated November 28, 2001. I appreciate the opportunity to address your concern. Unfortunately, I have been unsuccessfully in my attempt to reach you by phone; therefore, I am responding by mail. In response to your request for competent evidence, which states you have a contractual obligation to pay BANKFIRST, I have enclosed a copy of the Cardmember Agreement (with NO signature), which was provided when your account was opened. Our primary process for establishing accounts is through telephone interaction. Telephonic application does not provide signatures, however as stated in the Cardmember Agreement, use of the card constitutes agreement to the terms and condition of the account. After a thorough review of your account, our records show your account charged off on October 31st, 2000 with a balance of 618. BANKFIRST reported the charged off status of your account to all 3 credit-reporting agencies. Please be assured we take our responsibility of reporting accurate account information very seriously. In regards to your request that BANKFIRST adjust your credit bureau file, please be advised that to report your account as current and under the established credit line would be falsifying bank records. Per the Fair Credit Reporting Act, as a credit grantor, BANKFIRST has a legal obligation to correctly report the status our accounts to the credit reporting agencies. I f you are disputing how your account information is reporting, please provide me with the details of your dispute so I may investigate further. If you no longer have copies of your statements detailing the charges and payments made, we will provide you with copies. Please notify our office if you need them. Our records indicate the monthly statements have been sent to the above listed address. The Fair Credit Billing Act outlines the consumerâ??s rights and our responsibility as a creditor when a billing error occurs. To preserve their billing rights, consumers must adhere to the following procedures when filing a billing dispute. Ã? A written dispute must be received within 60 days of after receipt of the first statement reflecting the billing error. The dispute must be sent the billing dispute address listed on the back of the monthly statement. Our billing error address is PO Box 5012 Sioux Falls, SD 57117. Ã? The dispute must include the consumerâ??s name, account number, description of the error, the amount, the date, and the reason why you believe there is an error. We currently have no record of a pending dispute on the above referenced account. Unless the details regarding a billing dispute are provided, we must consider the balance of the account accurate. We trust this information has sufficiently responded to your letter. I you have additional questions. Please contact me at xxxxxxxxx Sincerely Xxxxxxxx Executive Inquiry Unit ***************** WHAT SHOULD I DO, PLEASE ALL THE HELP IN THE WORLD IS NEED. THANK YOU.
