next step: help needed

Discussion in 'Credit Talk' started by DanS, Sep 11, 2003.

  1. DanS

    DanS Well-Known Member

    I have been challenging one of my few negative items w/the CRAs, to just watch the TL get worse - went from late payments to 12 90 day lates - pretty impressive for an account open for just one year.

    Yes, this data is obviously wrong. I wrote the following letter to them and it's now about 30 days since they signed for it. I'm not sure what to do next - sounds like I should dispute w/all 3 CRAs and wait another 30 days, then maybe hit them (OC) w/having not replied for 60 days?

    This account is mine, I'm simply disputing the late payments (never happened). It was discharged in a Ch7 about 2 years ago. Ideally, I'd like it deleted, so if they keep not responding can I get that done? Or just sue them for FCRA infractions like not responding and leave it at that?


    Citi Cards Cbsdna
    PO Box 6500
    C/O Citi Corp
    Sioux Falls,SD 57117-6500

    August 8, 2003

    RE: Account #5424XXXXXXXXX Citi Cards Cbsdna

    To whom it may concern,

    This letter is a formal complaint that you are reporting inaccurate and incomplete credit information.

    I have attempted to make my information, as reported by your company accurate with each of the credit reporting agencies â?? Experian, Equifax and Transuion. I am amazed that you consistently report negative information concerning late payments and that you have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy in the credit reports you publish.

    Credit reporting laws ensure that bureaus report only 100% accurate credit information. Every step must be taken to assure the information reported is completely accurate and correct.

    The following information therefore needs to be re-investigated. I respectfully request to be provided proof of this alleged item, specifically the contract, note or other instrument bearing my signature. Failing that, the item must be deleted from the report as soon as possible:

    90+ days past due 12 times, Equifax 8/8/2003

    The listed item is entirely inaccurate and incomplete, and as such represents a very serious error in your reporting. Please delete this misleading information and supply a corrected credit profile to all creditors who have received a copy within the last six months, or the last two years for employment purposes.

    Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber.

    Under federal law, you have thirty (30) days to complete your re-investigation. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within fifteen (15) days of the completion of your re-investigation.

    Sincerely,
    DanS

     
  2. jlynn

    jlynn Well-Known Member

    PFB gets a quick response from Citi. Although they were mean to me, my dispute was very technical.
    Might have good luck with the erroneous lates. If not, they send everything in writing so you'll have a good paper trail :)
     
  3. DanS

    DanS Well-Known Member

    So far they haven't sent *squat*, so I'm not so sure about a paper trail. <grin>

    Obviously, my first choice is total deletion. If I can get that through their mishandling, that would be great. I'm just trying to figure the best next step - ask the CRAs again to verify? Or send another note, starting another 30 days, or does that still fall in the 60 days, or... see? I'm dizzy already.
     
  4. LKH

    LKH Well-Known Member

    Dan, for future reference, you should not have included these statements:

    Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber.

    Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within fifteen (15) days of the completion of your re-investigation.

    What credit grantor or subscriber should citibank send? This is a procedural request to be directed to cra's.

    Credit grantors (oc's) are under no obligation to respond to a procedural request.
     
  5. DanS

    DanS Well-Known Member

    LKH, thanks. I tried to make the template my own but kept some things as they were.

    Perhaps - send it again, pointing to the previous letter, with the cuts you suggested, and also notify CRAs about verifying?
     
  6. LKH

    LKH Well-Known Member

    You could try sending to the cra copies of all letters and green cards you sent to the oc, and advise the cra that they obviously can not verify what they are reporting so it must be deleted. You might also tell them that a bk discharged acct can't possibly accrue more late payments 2 years after discharge. See what the cra's have to say about that.
     
  7. sassyinaz

    sassyinaz Well-Known Member

    Dan,

    Here's a link with OC letters and direction:

    http://www.creditboards.com/phpBB2/viewtopic.php?t=6086&postdays=0&postorder=asc&start=0

    LKH's spawned letter that he is referencing above, is included.

    You really need to get an understanding of BK furnishing and reporting requirements though.

    After your filing date, assuming you were discharged, nothing should be being reported beyond the filing date, not even those dates.

    As a seperate issue, the way that Equifax reports:

    90+ days past due 12 times, Equifax 8/8/2003

    Isn't complete without EACH of those specific 12 times being listed. It's bogus on it's face.

    http://consumers.creditnet.com/stra...s=&threadid=32160&highlight=sassy+and+kbanger

    http://consumers.creditnet.com/stra...s=&threadid=33346&highlight=sassy+and+kbanger

    Sassy
     
  8. DanS

    DanS Well-Known Member

    comments on this letter

    This is what I'd like to send off - comments are very, very welcome.

    Citi Cards Cbsdna
    PO Box 6500
    C/O Citi Corp
    Sioux Falls,SD 57117-6500

    September 14, 2003

    RE: Account #54248047641XXXX Citi Cards Cbsdna

    To whom it may concern,

    This letter, despite very clear stipulations by the FTC, documents your lack of response to my letter dated August 8, 2003.

    I wrote on August 8 (37 days ago) to point out the inaccurate, incomplete and harmful data your company continues to verify with the three major credit reporting agencies about my account.

    I wrote to you because, in my attempt to get this erroneous data corrected repeatedly at all three credit agencies, I was told to contact you. Writing you turned out be just as frustrating as dealing with Experian, Equifax and TransUnion. Well, itâ??s now time to come clean. Iâ??ve done some research on the FCRA and FTC opinions and youâ??re in violation of some laws Iâ??m sure you or your attorneys are aware of.

    When I advised you in my letter of August 8 that you were reporting inaccurate information you had 30 days to prove that information is, in fact, correct. You chose to ignore my letter. In the eyes of anyone reviewing this case, any continued verification of said inaccurate data is now willful non-compliance.

    As Iâ??m sure youâ??re aware, the penalties for willful non-compliance are much more severe than the $1,000 penalty for simply reporting erroneous data for your company and the three credit reporting agencies. Since it is now documented you are not interested in reporting accurate data about me, if you do not delete the account within 30 days I will be forced to take legal action against you. Any judge will be able to look at the trail of errors your company has placed repeatedly in my credit report in response to my challenges of accuracy, look at my previous letter and this one and find clear willful non-compliance.

    You can choose to ignore this letter again but the next time you hear from me, after October 14, I will have served your registered agent in the state of Massachusetts. I am tired of getting the run-around from credit reporting agencies and then being ignored by your company while my credit suffers. Please delete my account from all three credit reporting agencies immediately.
     
  9. moneyelf

    moneyelf Well-Known Member

    comments on this letter

    You wrote:

    "You can choose to ignore this letter again but the next time you hear from me, after October 14, I will have served your registered agent in the state of Massachusetts. I am tired of getting the run-around from credit reporting agencies and then being ignored by your company while my credit suffers. Please delete my account from all three credit reporting agencies immediately."

    Last sentence-I would change the words 'delete my account' to 'delete this account.' Otherwise they may use the original form against you.

    Otherwise good letter. If it is a form letter I would personalize it more. Not saying it sounds like one, I just don't know. But it is one I would personalize, myself, if needed. Good job.

    Best of luck :)
     
  10. DanS

    DanS Well-Known Member

    Re: comments on this letter

    Excellent point, thanks. I tried to avoid any language that has ownership, other than THEIR owning THEIR mistakes. <grin>

    There's nothing formulaic here, all off the top of my pointy little head. I don't feel any need to get any more personal then speaking from my own point of view. I think that adjectives and emotional language clutter the landscape and obscure my point - "you screwed up, now do something!"

    I'm open to hearing reasons to get less objective, but I feel it's as personal as I need to get in a factual letter.

    Thanks for your feedback.
     
  11. DanS

    DanS Well-Known Member

    Re: comments on this letter

    Here is my latest revision. Looking for any comments before I send:


    RE: Account #5424XXXXXX Citi Cards Cbsdna

    To whom it may concern,

    This letter, despite very clear stipulations by the FTC, documents your lack of response to my letter dated August 8, 2003.

    I wrote on August 8 (38 days ago) to point out the inaccurate, incomplete and harmful data your company continues to verify with the three major credit reporting agencies about my account.

    I wrote to you because, in my attempt to get these erroneous data corrected repeatedly at all three credit agencies, I was told to contact your company. Writing your company turned out to be just as frustrating as dealing with Experian, Equifax and TransUnion. Well, it's now time for your company to come clean. Due to the aggravation I've experienced these past few months, I have researched the FCRA and FTC opinions and you're in violation of some laws I'm sure your company (or their attorneys) are well acquainted with.

    When I alerted your company in my letter of August 8 that they were reporting inaccurate information you had 30 days to prove that information is, in fact, correct. You offered no such evidence, as the FCRA regulations specify. You chose to ignore my letter. In the eyes of any objective third party reviewing this case, your company's continued verification to the credit reporting agencies of this inaccurate data is now willful non-compliance.

    As I'm sure you're aware, the penalties for willful non-compliance are much more severe than the $1,000 penalty for simply reporting erroneous data for your company and the three credit reporting agencies. Since it is now documented you are not interested in reporting accurate data about me, if you do not delete the account within 30 days I will be forced to take legal action. Any judge will be able to look at the trail of errors your company has placed repeatedly in my credit report in response to my challenges of accuracy, look at my letters (and receipt of delivery via USPS certified mail) and find clear, consistent and willful non-compliance.

    You can choose to ignore this letter again but the next time you hear from me, after October 15, I will have served your registered agent in the state of Massachusetts. I am tired of getting the run-around from credit reporting agencies and then being ignored by your company while my credit suffers. Please delete this account from all three credit-reporting agencies immediately.

    DanS
     

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