REQUEST FOR RECORDS FROM OC ........

[credit-nightmare]

Ok , Im sending out MOV letter today CMRRR to EX ( haven't heard from the other cra's yet ) .

Do I now call WFNNB/VCF and tell them I want copies of all the records of my account and if they can't provide them I need a cert.of destruction ? and if this is the next step..... do I call Value City Furn ( where I bought it ) or WFNNB ( the VCF CC I used to buy it ) ? who would I call for the records ?

Do I just ask and they have to send them to me or send me a cert. of distruction by law ? Or do they not have to comply with my request for the records?

Thanks

[gdouglaslee]

What law says they have to provide you with copies of records if you ask?

[credit-nightmare]

That WAS my question...

I was asking if I call / write and ask for the records from my account or a cert. of destruction if they no longer have the records ... IS THERE A LAW THAT SAYS THEY HAVE TO COMPLY ?

I dont know if there is , THATS WHY I ASKED .

[credit-nightmare]

anyone.....

Do I just call the OC thats on the CR and say I want my records and they have to send them or a cert. of destruction or am I wrong and they dont have to send anything ?

I just sent my MOV letter to CRA so I want to know about getting the records from the OC.

[Methuss]

Section 609e of the FCRA says they must provide a copy of the application and billing history if you are claiming identity theft. They can disregard your request if you don't provide an ID Theft report, but they must tell you this in writing. If they don't ask for an ID Theft report and fail to provide the docs, then they are in violation.

[credit-nightmare]

Thanks I will call them and see if I can just get them to send them to me.

If they say anything , mabey I will just say I need them for a tax investigation or something. Hopefully They won't have any records , it will make the deleting process easier ( I hope )

[admin]

Here's the letter I used, and MBNA deleted my late pay 1 week after I sent them the letter:

Kristy Welsh

<my address>

MBNA America Bank NA

POB 17054

Wilmington, DE 19884

Date: Jan 3, 2005

Re: Acct #XXX-XXX-XXXXXXX

To Whom It May Concern:

I recently pulled my credit report from Experian and TransUnion and to my amazement, saw that you recently have decided to report me 30 days late on this account in Nov 2003. I have previous credit reports from both agencies pulled in Oct of 2004, and neither one of these reports show me late in Nov 2003. Not only was I never late on this account, but according to the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings. I never received such a notice.

§ FCRA 623 (a) (7) Negative Information

(A) Notice to Consumer Required

(i) In general. If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 603(p) furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.

(ii) Notice effective for subsequent submissions. After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 603(p) with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.

( Time of Notice

(i) In general. The notice required under subparagraph (A) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 603(p).

(ii) Coordination with new account disclosures. If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 127(a) of the Truth in Lending Act.

Under the new FACTA laws, you are required to furnish me with documentation regarding information you are reporting to the credit bureaus.

§ FCRA 623 (a) ( 8 ) Ability of Consumer to Dispute Information Directly with Furnisher

(A) In general. The Federal banking agencies, the National Credit Union Administration, and the Commission shall jointly prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.

( Considerations. In prescribing regulations under subparagraph (A), the agencies shall weigh--

(i) the benefits to consumers with the costs on furnishers and the credit reporting system;

(ii) the impact on the overall accuracy and integrity of consumer reports of any such requirements;

(iii) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute; and

(iv) the potential impact on the credit reporting process if credit repair organizations, as defined in section 403(3), including entities that would be a credit repair organization, but for section 403(3)((i), are able to circumvent the prohibition in subparagraph (G).

© Applicability. Subparagraphs (D) through (G) shall apply in any circumstance identified under the regulations promulgated under subparagraph (A).

(D) Submitting a notice of dispute- A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that--

(i) identifies the specific information that is being disputed;

(ii) explains the basis for the dispute; and

(iii) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.

(E) Duty of person after receiving notice of dispute. After receiving a notice of dispute from a consumer pursuant to subparagraph (D), the person that provided the information in dispute to a consumer reporting agency shall--

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

(ii) review all relevant information provided by the consumer with the notice;

(iii) complete such person's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611(a)(1) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and

(iv) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.

(F) Frivolous or Irrelevant Dispute

(i) In general. This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including--

(I) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information; or

(II) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection (, with respect to which the person has already performed the person's duties under this paragraph or subsection (, as applicable.

(ii) Notice of determination. Upon making any determination under clause (i) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person.

(iii) Contents of notice. A notice under clause (ii) shall include--

(I) the reasons for the determination under clause (i); and

(II) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.

I contacted your company and talked to a supervisor (David H – direct line 918 841 0712), who was unable to find any evidence of my late payment on file. He promised to send me a payment history of my account. I never received such documentation. The results of my Experian dispute and my TransUnion dispute have just come in, and both say “verified”. How is this possible? You weren’t able to provide me with anything. Reporting inaccurate information is also a violation of the FCRA.

In addition, I have had the interest rate on my other credit cards raised due to your error which has caused me additional interest costs, plus I have spent lost work hours trying to straighten this out with the credit bureaus. The FCRA allows for damages of $1000 per violation, and I consider this three violations, two for never notifying me and one for reporting inaccurately.

Please correct this listing to “paid as agreed – never late”, and remove the 30-day late for Nov 2003, or I will be forced to seek legal action.

Sincerely,

Kristy Welsh

[credit-nightmare]

THanks , but I disputed it with the CRA as not mine... So im not sure ..... mabey I could redo the letter a bit to state I don't recall the account and ask for the proof ?

It was an old CC account that is listed as settled less than full balance and charge off piad on the other reports.

I sent my MOV letter to CRA , I just wanted to see for myself if OC had any records . If they do there is plenty else I can dispute , just about everything on the tradeline is wrong !

[admin]

Sure, you always want to modify it to suit your case. I was just giving you an example. It's pretty dangerous to send an example letter verbatim.

[credit-nightmare]

Yeah , I thought I could change it around a bit and use it , I just wanted to be sure. I have only sent one letter out so far in my credit repair journey ( MOV to CRA ) so I wanted to make sure I could change some things in this example letter and the laws etc. would still work. Im still kind of new at this , I get tripped up easy on the laws ....but Im studing them

Thanks again

[gdouglaslee]

That WAS my question...

I was asking if I call / write and ask for the records from my account or a cert. of destruction if they no longer have the records ... IS THERE A LAW THAT SAYS THEY HAVE TO COMPLY ?

I dont know if there is , THATS WHY I ASKED .

Check your state laws. If you live in a state that has collection laws and the creditor is included, look to see what it says about docs. Massashufits is one of those states and the law says you can ask for docs at any time.

[aints68]

I'm in a similar situation with needing records. Please let us know how this works out!

[credit-nightmare]

I have been looking for state laws reguarding getting documents from the original creditor ( im in maryland ) I can't find any...well atleast if I did I didn't know what the heck I was reading.

Can someone point me in the right direction please

I want to ask them but I want to know the rules/ laws before calling them so they can't BS me .

[admin]

I have been looking for state laws reguarding getting documents from the original creditor ( im in maryland ) I can't find any...well atleast if I did I didn't know what the heck I was reading.

Can someone point me in the right direction please

I want to ask them but I want to know the rules/ laws before calling them so they can't BS me .

You don't need 'em. You have the federal law of the FCRA.

[aints68]

Let us know how this turns out. It will certainly help me out alot.

[marjaq]

I just started with disputing some collections and have had some success yet, noticed that CRA like to move accounts around and between each other.

Yet, have nothing for old CC account (WFNNB) which I dont have records of balances last owed. I want to make good so i can buy my first home.

In Desperate Need of Advise