LKH or anyone with bankruptcy experience. I am having a tough time getting an old account fixed or deleted off my credit reports. I filed chapter 7 BK back in 1997. I decided to pay of a small credit card ($500) with Chase before I filed. I have a copy of the check. The account was at zero balance with no lates and they included it in my BK anyway. I have done a basic dispute several times. I am about to use the debt validation 2 letter from this board to dispute this account again. I was wondering if anyone had any thoughts as to how to proceed? I also was planning on including the following in my letter. "Please be advised that I am very disheartened that this account is still being reported incorrectly. If you continue to fail to report this item properly I will be forced to consider having an attorney sue you in court. Also I will consider complaining to the better business bureau and the Federal Triad Commission." Does anybody think this might help or hurt?
Include that you will also file complaints with the comptroller of currency, your state attorney general, their state atty general, yours and their state banking dep't and anybody else that may have some regulatory authority. Don't let them get away with this crap. It wasn't by chance listed as a creditor on your bk schedules was it? If not, go after them. They are in violation of the FCRA for not reporting complete ane accurate info.
KLH OK. How about this: "This letter is a formal complaint that you are reporting inaccurate and incomplete credit information. I am distressed that you have included the information below in my credit profile 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: Chase NA, account number XXXXXXXXXXXXXXXX. This account should be listed as "paid or paying as agreed", balance "0". This account was not included in a bankruptcy. 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 me. Please be advised that I am very disheartened that this account is still being reported incorrectly. If you continue to fail to report this item properly I will be forced to consider having an attorney sue you in court. Also I will consider complaining to the better business bureau , the Federal Triad Commission, the Comptroller of the Currency, both you and my state attorney general, and your state banking department. Additionally, please provide the name, address, and telephone number of the 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." Remember this letter is going to the CRA.
Should I consider writing a nasty letter to Chase or just go after the CRA's? This account is showing up on all three credit reports.
I think that you may have better results going directly to Chase rather than the CRA. Write a stern, but not nasty letter to Chase. Write to upper management. Explain your situation; that you paid the account off, did not include them in bankruptcy. Include the page from your report with the account (black out the rest of the accounts), include your BK schedule, and a copy of the payoff check. Ask them to correct the account and if they cannot do so, to delete the account permanently from your report. Right now they are knowingly reporting misinformation and you will be providing proof by including the items I mentioned above. Send this CRR and keep copies for your records. Demand this be done immediately, but give them 30 days to respond to you. Also mention that they are violating the FCRA and if they do not comply you will take them to court. I had a creditor misreport and sent a letter to upper management. The account was deleted from all reports. You should receive a letter back; hold onto that letter. Whether they decide to delete or correct you should see some results on your reports within about 2 months although they will tell you 3. If then your report does not reflect their intentions, you can go after the CRA. Good luck!
Dlo64 Thanks for the input. I will give writing Chase a try. I talked to them and wrote before but that was before I had a copy of the check. My bank took 4 months to cough it up and charged me a check research fee of $5.00. How do I get the name of someone in upper management, http://www.planetfeedback.com?
Planetfeedback might be a start. If that doesn't help try doing some research on Chase. Go to their website and see who their CEO is. I think I might have used some other sources, but it has been awhile. Also, try the Better Business Bureau at www.bbb.org. I think that they will list the President or CEO. Nine times out of ten if your letter goes to the wrong divisional CEO, the company will forward it to the correct person.
Can you amend your schedule F to include the debt? But once you get a letter/cancelled check from Chase, they really don't have much choice. It will only be a matter of time before the inaccuracy will fall off. Just keep sending them letters, more letters, more letters............
Erik, I was saying to send your letter to the creditor, not the cra. If you are sending the above letter to the cra, you better remove the part about wanting copies of contracts, proof of signature etc. The cra's cannot provide this to you.
I have a senior contact person with Chase credit card division. Let me know if you're interested. Saar
OK everyone. This is what I came up with. I got the name of the CEO of JP Morgan. Morgan purchased Chase some time back. What do you all think? Does anyone have any other suggestions? -------------------------------------------- My name address-1 address-2 May 17, 2002 JPMORGAN CHASE 600 Fifth Avenue New York, NY 10020-2302 Dear Mr. William Harrison Jr., Chairman & CEO: This letter is a formal complaint that you are reporting inaccurate and incomplete credit information. I am distressed that the information below is being reported to all three credit bureaus 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. I filed for chapter 7 bankruptcy in X/XX. Before I filed I paid off my Chase credit card. I did not include this card in the bankruptcy. The balance was $XXX.XX The account number of this Chase account is XXXXXXXXXXXXXXXX. I have included a copy of the check. This account should be reported as R1 with Equifax and closed, zero balance with Experian and Trans Union. Also, at some time prior to X/XX, I lost my Chase credit card and received a new one with a new account number. This account, account number YYYYYYYYYYYYYYYY, is showing up as a separate account included in the bankruptcy. The account Chase NA, account number XXXXXXXXXXXXXXXX should be listed as "lost or stolen", balance "0". This account was not included in a bankruptcy. The account Chase NA, account number YYYYYYYYYYYYYYYY should be listed as "paid or paying as agreed", balance "0". This account was not included in a bankruptcy. The following information therefore needs to be re-investigated. I respectfully request that these accounts be corrected or deleted. I am including copies of the pay off check, the schedule F of my bankruptcy petition, and copies of my credit reports. Please be advised that I am very disheartened that this account is still being reported incorrectly. This is my third attempt to have this item reported properly. Rather than penalizing me for my past misfortune, you should be happy that you were the only creditor that got 100% paid off. If you continue to fail to report this item properly I will be forced to consider contacting an attorney to take further action. 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, My name ---------------------------------------------------
LKH I know it's been three months but I have gotten two out of five derogatory items removed! Unfortunately the other three still remain! I have received four letters back from Chase regarding this matter. 1: June 06: A letter stating that my letter was being forwarded to the responsible divisional management unit in Texas. 2: June 17: A letter informing me that the two derogatory entries for the lost or stolen accounts should be removed. (And they have been). 3: June 28: In this letter they recognize that I paid off the account in full before I filed BK CH 7. They state that they will have the account listed as "Paid as Agreed" with all three major credit bureaus. (This has not been done yet). 4: July 03: In this letter they apologize for my inconvenience and gave me a $15.00 card for blockbuster. In the June 28 letter they said it would take 30 to 60 days for the credit bureaus to update their records. Should I wait until the 60 days is up or should I go ahead and send my next letter?
These cra's are pathetically slow at updating anything that doesn't come in on tape. My advice would be to fax the letter from Chase stating it is being removed to all the cra's involved. That has proven to be a much quicker way of getting results. Congrats on the deletions.
OK. Thanks. Do you know what the FAX numbers are? Should I use a cover sheet? Also, I only have a low end FAX machine. Should I go to Mail Box Etc.?
