OC and CRA Letters Needed

[tarheel99]

After having a negative TL verified by EQ and TU (it wasn't on EX), I sent a verification letter to the OC.

Within about two weeks, I received a letter from them saying they couldn't find an account for me.

I want to send them a letter demanding that they remove their negative listing since they can't provide me with details of the debt. And, I want to dispute it again with EQ and TU since the OC can't verify.

Can someone either post or point me to sample letters for these two purposes?

Thanks!

[sisflomi]

Try something like this

Your Name

123 Your Street Address

Your City, ST 01234

Big Bad Credit Collector

Their Street Address

Some City, ST 56789

6/8/1999

NOTICE

This notice is my response to your unsigned letter dated May 28, 1999 [copy enclosed].

As I have no account with you, nor am I your customer, nor have I ever entered a contract with you, nor have I ever even heard of you, as you confirm with your letter to me, dated (insert date). Since your company is reporting this inaccurate information to my credit report, under the FCRA your company must comply with the following laws:

§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

( Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

(ii) the information is, in fact, inaccurate.

(2) Duty to correct and update information. A person who

(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

( has furnished to a consumer reporting agency information that the person determines is not complete or accurate,

shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

( Duties of furnishers of information upon notice of dispute

(1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall

(A) conduct an investigation with respect to the disputed information;

( review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i];

© report the results of the investigation to the consumer reporting agency; and

(D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis.

(2) Deadline. A person shall complete all investigations, reviews, and reports required under paragraph (1) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) [§ 1681i] within which the consumer reporting agency is required to complete actions required by that section regarding that information.

(d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section.

This Notice is an attempt to ask you to correct your records with the credit reporting acencies. Any and all information received from you will be collected as evidence should further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

In light of the recent court case opinion No. 00-15946 CV-99-00290-D.C. by the US Court of Appeals 9th Circuit, Nelson Vs. Chase Manhattan, the court ruled that the creditor has the responsibility to investigate and make sure that correct information is being reported to the bureaus, and that the consumer has a right to sue under the FCRA, should his or her rights be violated.

I affirm, under penalty of perjury under the Laws of the Land for these United States of America, that the foregoing is true and correct, to the best of my knowledge and belief. (take this part out if this is infact your debt)

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.

I look forward to an uneventful resolution of this matter.

Sincerely,

Signature

Your Name

Your Address

City, State Zip

Enclosures <you can enclose a copy of the court case referenced above>

[tarheel99]

Thanks a lot Sis! I am tailoring the letter now.

What additional information about me do I need to include? Do I need to give them my SSN?

If they can't find a record of my account, will they be able to remove it without more info about me?

[gumshoe]

Also try www.creditinfocenter.com

good luck

[sisflomi]

I wouldn't give them anymore info than what you gave the the first time. You might include a copy of your first letter and send a copy of the letter they sent back to you.

I would also send a copy of the info the cras and ask how they were able to verify that this was yours if the oc couldn't even do so.

[tarheel99]

Thanks for your feedback.

Here is the letter I am going to send. I'd welcome any comments.

Dear Sir/Madame:

Thank you for investigating the above referenced account per your letter dated XXX (see enclosed).

Since I have never had an account with your company, as you confirm with your letter stating that you cannot find a record of any such account, and you cannot verify the item pursuant to the Fair Credit Reporting Act, you have a legal obligation to immediately remove this listing from my credit reports with all credit reporting agencies.

Since your company regularly reports information to the national credit bureaus, it must comply with the FCRA, specifically with §623a-1(D) which states that “if the investigation finds that the information is incomplete or inaccurate, [furnishers of information shall] report those results to all other credit reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis.”

Your listing of inaccurate negative information on my credit report has contributed substantially to my recent denial of credit. If you continue to list information you acknowledge is inaccurate on my credit reports, I will find it necessary to file suit for actual damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including a small claims court in my area.

In its recent opinion No. 00-15946 CV-99-00290-D.C., Nelson vs. Chase Manhattan Mortgage Corp., the US Court of Appeals for the 9th Circuit ruled that creditors have the legal responsibility to ensure that only correct and complete information is being reported to the credit reporting agencies, and that a consumer has the right to sue under the FCRA, should his or her rights be violated.

While I would prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.

Thank you again for your efforts and I look forward to an uneventful resolution of this matter.

Sincerely,

tarheel99

[sisflomi]

That looks good to me.

[tarheel99]

Thanks again Sis.

I will send this letter along with copies of my earlier letter and their response.

Once I receive confirmation that it arrived, I will then re-dispute it with EQ and TU asking how they could possibly verify when the OC can't find any record of the accout. I will also send them copies of the OC's letter.