Thanks LKH

Equifax deleted my last negative: First USA Chargeoff.

If you remember on the 10th of May I disputed my last negative (First USA chargeoff) with all 3 CRA's.

I than received a letter from First USA after the 30 days of investigation.

The Letter:

Dear Kate

As a leader in the credit card industry, we are committed to providing products and superior customer service. We received your dispute from the credit reporting agencies, regarding the information reported for the above referenced account.

After researching your dispute, including a review of our records related to the account we were unable to clearly determine your responsibility for the account. Therefore, we informed the credit reporting agencies that the account should be reported as disputed on your credit file pending a further investigation.

If you wish to continue the reporting of the 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:

Once the information has been received, someone from our Fraud Department will contact you to further investigate your claim.

Well, I followed your recommendation and drafted the following letter:

Dear Reviewer:

I received a copy of my request from Equifax to reinvestigate certain elements on my credit file dated June 4th. This letter is to address an account that was listed by:

First USA Bank C/O FDR Account Number: **********
P O Box 8650
Wilmington, DE 19899-8650
Phone Number: (800) 955-9900

I disputed the above account in an online investigation more than 30 days ago and the information could not be verified as my responsibility by the furnisher, First USA Bank. Thus, this item needs to be deleted from my credit file immediately according to Section 611 of the FCRA.

Section 623(b) requires the furnisher to conduct an investigation of disputed information when it is notified by a CRA pursuant to Section 611(a)(2) that a consumer disputes the completeness or accuracy of the furnisher's information with a consumer reporting agency. The consumer's dispute to the CRA under Section 611(a)(1)(A) triggers the furnisher's responsibility to investigate, and the furnisher cannot frustrate the aims of the obligation (or delay the process) by requiring the consumer to, in effect, double-authorize the investigation in a manner that is more burdensome than required by that provision.

Section 611(a)(1) requires the consumer reporting agency, upon dispute by the consumer of the completeness or accuracy of any item of information, to "reinvestigate . . . and record the current status of the disputed information, or delete the item from the file" if it cannot be verified within 30 days. Section 611(a)(2) requires prompt notice to the furnisher of information of a consumer dispute. The furnisher's responsibility to conduct an investigation of disputed information, imposed in Section 623, is a discrete requirement, separate from the CRA's obligation to record the current status or delete unverified information. Thus, if the furnisher fails or refuses to conduct an investigation (which may constitute a separate violation of the FCRA by the furnisher), the CRA must still comply with Section 611.

Section 611(a)(5)(A) requires the re-seller to delete the disputed information if the consumer reporting agency (re-seller) cannot investigate within 30 days (with some qualifications contained in the FCRA), then disputed item(s) must be deleted. As noted above, the CRA's obligation to comply with Section 611 is triggered by a consumer dispute - it is statutorily separate from the furnisher's responsibility to investigate, and it does not require any form of "written consent from the consumer."
In closing, please send me my free updated copy of my file as soon as you have completed the correction.

Enclosures:

(1) Equifax Credit File
(2) First USA letter concerning dispute
(3) § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
(4) § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. 1681s-2]


Respectfully,

Kate

 

Thank You Mind Crime.

My score went from 652 to 763.

I am currently at 713. I took a 50 point hit for 3 hard inquiries and a new credit card showing up as to new to rate.