an OC is DEMANDING that the affidavit sent by them be filled out by me before making a determination of responsibility for an account that is being reported on my CR...now what? HELP PLEASE
They have a responsibility under the FCRA to report 100% correct and accurate info. No where does it say you need to fill out and sign an affidavit. I would send them a letter stating that as is your right under the FCRA you dispute the validity of this acct. They have an obligation to prove the info correct or delete it, regardless of whether or not you sign their affidavit, which you won't, as there is no need for it under the FCRA. Threaten to report them to the FTC and yours and their state atty general offices.
Several other things; 1. I never asked for a validation from the OC 2. I request verification from a CRA 3. I received a letter from the OC regarding not being able to determine responsibilty for the account. Should I request a debt validation with the OC?
If you have a letter from OC saying they cannot verify your responsibility for the account, that is all you need. I would send a procedure letter to the cra that is verifying the account and tell them that to immediately delete since the OC is unable to verify your responsiblity for the account. If the OC verifies the account, again..... I would send a demand letter... they cannot continue to report something that they have admitted they cannot prove or verify!
Got one just like it, and yep, it's First USA. They state "If you wish to continue to dispute the reporting of this 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:" yada yada yada... Affidavit wants you to sign off that you never applied for an account with First USA and that you know of no one who applied with your name... I never returned it, an thusfar (about a month), Equifax shows disputed (dispute status placed by First USA) and Experian has deleted..Have not checked TransUnion lately...
All you have to do is send a copy of that letter to whatever CRA is disputing it and it should be deleted. Mine was deleted very easily.
Thanks All! I did fax one CRA a copy of the letter stating '...after our research we cannot clearly determine your responsibility for the account...' but the tradeline is still there as 'Dispute Pending Resolution' Should I get AGRESSIVE?
