How many ITS letters have lead to deletion?

[CleanUp81]

Having trouble with an OC not cooperating and am getting ready to send an ITS letter. How many of you have had luck with getting tradelines removed with an ITS and how many have had to take legal action?

[goodmank]

ITS has never worked for me.........I have always had to file suit

[ADSOFT]

Having trouble with an OC not cooperating and am getting ready to send an ITS letter. How many of you have had luck with getting tradelines removed with an ITS and how many have had to take legal action?

Give us a little more information and post you letter, you might be able to follow it up with a stronger letter.

... but to answer your question every case is different, and in this case if they are not taking you serously then you probobly haven't coninced them you can beat them in court.

Post your letter and give us some back ground.

[c m chase]

I got deletions by either finely tuned letters or ITS from:

GECCC, Arrow Financial, Allied Interstate, Portfolio Recovery, Columbia House and NCO. I've never filed suit. YET.

Of course, of those, GECCC and Columbia House were the only OCs...the rest were CAs. GECCC I got lucky because they had no original docs for some reason....and Columbia House is just a pile of crap, so that was easy peasy after a few letters.

[ADSOFT]

I got deletions by either finely tuned letters or ITS from:

GECCC, Arrow Financial, Allied Interstate, Portfolio Recovery, Columbia House and NCO. I've never filed suit. YET.

Of course, of those, GECCC and Columbia House were the only OCs...the rest were CAs. GECCC I got lucky because they had no original docs for some reason....and Columbia House is just a pile of crap, so that was easy peasy after a few letters.

Some people have all the luck !!

Yep the stuff around here works great on CA's !!!

Now you have to settle those OC'S. We need to start some good threads on settling with OC's.

You might want to post some of your ITS letters to help out some of these newbies.

I like it when we get newbies around here and we show them the way. ... yep this stuff works.

[c m chase]

Actually, here's a great thread by dixie that helped me out a lot...and whose letter I modified to get most of those off.

http://www.creditboards.com/phpBB2/viewtopic.php?t=3236&start=0&postdays=0&postorder=asc&highlight=guerilla+guerrilla+tactic

Let me see if I can dig up my letters and I'll post some that helped. (And YES...I've been VERY lucky!)

[c m chase]

Here. This is one that I took from dixie...changed around a bit...added to it...and then modified it for most of the creditors.

-----------------------------------------------------------------------------------------------------------------

CMChase

123 Awsome Street

Tulsa, OK 66666

GE Card Services

1600 Summer Street

Stamford, CT 06927

01/01/04

Re: Errors in credit report for CMChase, GECCCC Account # 1234567890

To Whom It May Concern:

Please consider this letter a formal complaint regarding select information contained in my credit reports (namely, but not limited to Experian). I am advising you that the information you are reporting is inaccurate, incomplete, and totally without merit. This inaccurate reporting is in direct violation of the reporting requirements of the FCRA and for which you are responsible.

I have disputed with the credit bureau listed, and the incorrect information has been supposedly verified. One of two things has obviously happened here. 1) Your company is illegally reporting false information to Experian as well as illegally verifying that this false information is correct, or 2) Experian did not truly investigate this matter and has stated, against federal law, that they did investigate it.

((((NOTE: I WAS ORIGINALLY JUST TRYING TO GET THEM TO SAY EXPERIAN DIDN'T INVESTIGATE))))))

I sent a certified letter to GECCC on March 12 concerning these actions and questioning the supposed investigation by Experian, and so far, the matter has been ignored. I urge you to now comply with my requests, both quickly and entirely. Documentation can also be collected through the discovery process issued by the courts.

Please provide the following documentation to me at the address listed above:

1. Documentation showing the dates of Experian’s contact with you concerning the reporting and investigation of said account, if such documentation exists. If no documentation exists and no investigation has been brought to your attention from Experian, instead send a statement of that fact.

2. A copy of any legal instrument, bearing my signature, which supports your basis for the continued reporting of this alleged debt.

3. An itemized accounting of all debits and credits on the alleged account for the entire history of the account.

4. The assignment or purchase agreement for the alleged debt between your company and any other entity.

5. An itemized accounting of the alleged debt after it was supposedly written off including all debits and credits.

6. Complete documentation of the amount that was written off for federal tax purposes.

Under federal law, and as enforced by the Federal Trade Commission, you have 30 days to complete your investigation and supply the documentation as requested. Failure to do so will constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act 15 U.S.C. 45(a).

For your benefit and as a gesture of my goodwill, I have enclosed the FTC's required informational disclosure entitled, Credit Reports: What Information Furnishers need to know which defines and clarifies your responsibilities and potential liability as an information furnisher.

I have also enclosed a copy of FCRA section 623, detailing duties of furnishers of information.

Should you not be able or willing to provide me with the substantiating documentation as verification of the present reporting, to cure these violations within the next 30 days, please have the information deleted from each of the consumer reporting agencies that you have furnished it to as required.

Thank you in advance for your attention to this serious matter. I look forward to hearing from you.

Sincerely,

CMChase

[c m chase]

My last letter to Arrow after 3 DV letters...this plus filing complaints got this one gone. As you can tell, I was feeling sassy when I wrote this one. Heh. Can't believe I sent this. "Take your time" LOL! I'm a nerd.

---------------------------------------------------------------------------------------------------------

March 22, 2004

CMChase

6969 DocDon Ave.

Tulsa, OK 12345

Arrow Financial Services

21031 Network Place

Chicago, IL 60678-1031

RE: ID # 123456 / Account # 7890123

To Whom It May Concern:

This is my FOURTH attempt to contact your company regarding a debt that you say I owe. This account is listed falsely on my credit file and I am demanding removal of the entries.

Obviously, your business does not hold federal regulation in high regard, because you have continued to break several clear FCRA and FDCPA laws. In case you’ve never read the Fair Credit Reporting Act or the Fair Debt Collection Practices Act, let me do a quick recap for you. The laws are listed at the end of this letter. It’s a lot to read through – take your time.

According to FCRA and FDCPA law, these violations would amount to $5,000 plus actual damages plus punitive damage. One would assume a business wouldn’t want to lose THAT much money. But then again, who’s counting?

I am, once again, disputing this alleged debt, as I do not believe it is mine. I have asked four times now for this information, and I have yet to receive even a response. If this debt is indeed mine, as you report, I would like to see the following items:

· Documentation verifying that I did in fact have an account and outstanding balance from this company.

· Copies of a signed contract or an instrument bearing my signature.

· An explanation on how a calculation was made on what I purportedly owe.

I have already filed complaints with the BBB of Chicago, the Attorney General, IL state licensing board, and the ACA in regard to this account and the blatant disregard for law. If the false information is not removed from my reports, my next step will be to file against your company in my local court, where I will undoubtedly collect for each violation plus all damages incurred.

I you would like to resolve this matter without involving the courts, this is your last chance to do so.

I will be looking for your quick response to this matter. Please contact me at the address listed above or at the email address below.

CMChase

[email protected]

FCRA section 623 (a)(1)(A)

Prohibition: 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.

FCRA section 623 (a)(1)(

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.

FCRA section 623 (a)(2)(A)&(

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 prson’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 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.

FCRA section 623 (a)(3)

Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

FDCPA section 807 (2)

A debt collector may not use…the false representation of (A) the character, amount, or legal status of any debt, or ( any services rendered or compensation, which may be lawfully received by any debt collector for the collection of a debt.

FDCPA section 809(&©

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. © The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

[ADSOFT]

Hmmm these are nice letters.

What I like about them is that they are easy to read and quickly get to the point while easily pointing out the FEDRAL violations. That is important so if you take them to court a judge can easily see that they have violated the law any then you can back up your lawsuit with DV letters.

These are good letters for newbies to study and follow since a judge of limited FDCPA and FCRA knowledge can follow them.

Good job Chase , I'm going to link these to my favorites.

I recommend that newbies study them.

[direred]

Portfolio Recovery was one of my two ITS deletes (the other was a small company).

Of course, I actually filed suit against Portfolio anyway because they refused to delete the hard inquiry, but, hey.

[c m chase]

Congrats!!

Portfolio was one of my easiest ones, actually. I paid off the collection (like $50 or something) and then wrote their head hanchos an email saying I paid it but didn't think it was mine and I wanted validation. Wonder if I can find that one....hmmm.

[miracle]

Those are very good letters! *saving those for future use* Thank you Chase!

[CleanUp81]

Give us a little more information and post you letter, you might be able to follow it up with a stronger letter.

I have not written the letter yet, but basically the scenario is that Capital One was falsely reporting Past Dues after the CO was settled. They sent a letter notifying me it would be fixed in 90 days. Well its that time and there has been no change and it's just at the 90 days. I just want the whole thing deleted and I was wondering if an ITS is the best step to take action with. Or any other suggestions.

Thanks

[ADSOFT]

Give us a little more information and post you letter, you might be able to follow it up with a stronger letter.

I have not written the letter yet, but basically the scenario is that Capital One was falsely reporting Past Dues after the CO was settled. They sent a letter notifying me it would be fixed in 90 days. Well its that time and there has been no change and it's just at the 90 days. I just want the whole thing deleted and I was wondering if an ITS is the best step to take action with. Or any other suggestions.

Thanks

Well Chase might help you write one, she has business experience and seems to know how to use, or threaten to use the courts to her advantage.

From a legal stand point if you have a letter stating that they will MODIFY your report and they haven't then you have to send them a letter which gives them an ultimatum (sp) saying they have 45 days to change it or you will be taking them to court, and you would probobly win.

In other words an ITS letter is nothing more than a final ultimatum which states your going to let the court force them to make the changes and compensate you for damages.

You might want to post a brief summay of you letter from Capitol One that states they are going to change your credit report, .. make some changes on it so you can be annonymous!!!

Ask Chase, she probobly could slap one together in a heart beat, if they have admitted that they are reporting erronous information, you got them, its a no brainer. You have to be willing to take the next step which is threatening and/or going to court. But there is a $100 -$ 1000 bonus there for you + court costs + damages if you can prove that.

... keep in mind if you are serous about fixing your credit you have to be prepared to take these guys to court:... that's all they listen to because the FTC will not only back you up, CA and OC don't want to get in trouble with them.

... Post a summary of you letter.