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Inconsistently Disputing?


Abeayant
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EXAMPLE OF AN ACCOUNT:

Equifax says I am late

TransUnion doesn't have it at all

Experian says it is included in bankruptcy (or is a charge off)

Do I need to tailor letters to the credit bureaus specific to their negative reporting? Will it come back to haunt me if I give different reasons for disputing the same account to different agencies?

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If your TL's are concerning a BK, you should read the stickies in bankruptcy & reporting.

morrow gives some sound advice. If this involves a BK there is no need to tailor any letters. As well as writing the CRA's I would write the OC who is reporting the inaccurate info. This is where the cancer comes from.

The assumption is that this is a BK discharged debt. In my letter's I would include a copy of the discharge, Schedule F of the BK & current CR. In your dispute with the CRA's send along a copy of your letter to OC as an enclosure.

The way you word your OC letter is up to you. Obviously the letter below is an all encompassing one and a summons was next.

What this does is put all the players into one cage. Send everything CMRRR. When it is all said and done your TL's will be reporting correctly or else!

DW has already had to do this. Below is a copy of her letter to CAP ONE (OC)

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

Debtonators wife

Xxxxx xxxxx xxxx

Financial Servitude, USA

Certified Mail, Return Receipt Requested # 7006 3450 0000 2325 xxxx

August 28, 2007

Capital One Bank

PO Box xxxxx

Attention Collections/Legal

Richmond, VA 23285

RE: Account Number xxxx-xxxx-xxxx-xxxx

Enclosures:

A) Copy- Chapter 7 Discharge xx/xx/01 (SSN xxxxxxxxx)

B) Copy- Current Credit Report

C) Schedule F of Chapter 7(unsecured debt discharging mentioned account)

Dear Capitol One:

You are hereby officially notified the subject account was discharged in a chapter 7 effective xx/xx/2001.

Your organization must cease and desist reporting the account trade line as you currently have. This has continued for 74 months. You can’t write off or charge off a debt AFTER it has been discharged in BK7, report a balance or have it placed in collections. The debt does not exist and it is exceptionally unlawful.

The trade line across all CRA’s contain 74 months of inaccurate, damaging, and conflicting data. Please remedy the discrepancy and report the trade line accurately or provide me proof I owe you any monies.

Capitol One you are on notice. Let this letter also serve as your final warning. I will pursue all criminal and civil claims against your organization. Furthermore, if any inaccurate negative information is placed on my credit bureau reports by your agency after receipt of this notice, it will constitute and trigger a Cause of Action. (continued on pg 2).

The law does not provide a “bona fide error” affirmative defense on this matter. Consider that! We can start with Title 11 of the Bankruptcy Code 727 discharge and 524 violation of a court ordered permanent injunction. The FCRA violations…do you want to count them or shall I? I am hopeful this letter will finally get your attention. Should it not, the next time you receive a letter from me it will be in the form of a summons.

Thank you for the Capital One friendly service and prompt attention to this matter.

debtonators bitching wife

cc: Equifax, Inc.

P.O. Box 740241

ATTN: Dispute

Atlanta, GA 30374

Certified Mail, Return Receipt Requested # 7006 3450 0000 2325 xxxx

cc: Experian

P.O. Box 2104

ATTN: Dispute

Allen, Texas 75013-2104

Certified Mail, Return Receipt Requested # 7006 3450 0000 2325 xxxx

cc: Transunion

P.O. Box 1000

ATTN: Dispute

Chester, PA 19022

Certified Mail, Return Receipt Requested # 7006 3450 0000 2325 xxxx

cc: FTC via on line complaint.

Here is a copy sent to all 3 CRA's

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

August 28, 2007

Certified Mail, Return Receipt Requested # 7006 3450 0000 2325 xxxx

debtonators wife

Follow the wires

Financial Servitude, USA

SSN: xxx-xx-xxxx

Re: Disputing Inaccuracies on My Credit Report

ALL CRA’s

ATTN: DISPUTE

P.O. Box 740241

Atlanta , GA 30374

Dear Sir or Madam:

I am writing for two (2) reasons:

1. To dispute certain information in my credit file; and

2. To have you investigate/re-investigate and remove inaccurate information from my Credit Report and prevent its inaccurate re-insertion. The item I dispute is encircled on the attached copy of the credit report and further identified by account # xxxxxxxxxxxxxxxx, Capital One, past due amount $xxxx.00, Revolving account. This item is (inaccurate and incomplete) because it was discharged in Chapter 7 bankruptcy XXXX, XX 2001. I am requesting that the item be reported accurately to correct the information.

Enclosed are copies of the following documents supporting my position:

  • Letter to OC with a direct dispute.
  • Chapter 7 Discharge
  • Schedule F of Chapter 7 (unsecured debt discharging subject account)
  • Current Credit Report

Please reinvestigate this matter and correct the disputed item within the time frame required by the Fair Credit Reporting Act (FCRA) and inform me in writing of the outcome. This trade line has been inaccurately reported for 74 months. Thank you for your time and consideration in this matter.

Sincerely,

debtonators wife

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For an initial letter I wouldn't go through all that. I just say the information is incorrect and leave it at that. It is their job to figure out what is wrong with it.

I would have to respectfully disagree with this statement. You do need to be explicit with your reasons for the dispute. List out exactly what is wrong with the TL. You also need to include any backup documentation that you have as well. No, they aren't going to look at it. Yes, they are are going to minimalize your dispute into a eOscar code. But you need this written hardcopy trail for future use as you work your way through the dispute process.

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Just as a general rule, I'd never give anyone associated with my credit records any more information than they need to do their job.

Yes, you want to establish a paper trail...but...they are not required to take anything you send them as accurate...they are only required to ask whoever is reporting if they information they are reporting is accurate. If it comes down to a conflict between what you say and what the reporter says...guess who wins (unless of course you sue, but "I told you it was wrong" isn't what will win in court).

So, I'd go with the short, sweet, and to the point dispute for individual items with the individual CRAs using whatever reason seems appropriate for their inaccuray.

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I had recent luck disputing a debt for completness and accuracy with EQ. I think there were 30 data fields and about 15 where blank. So in my dispute I made a spread sheet showing all 30 fields and requested they be completed and accurate. The account was deleted because the OC did not verify in 30 days.

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You do need to be explicit with your reasons for the dispute. List out exactly what is wrong with the TL. You also need to include any backup documentation that you have as well. No, they aren't going to look at it. Yes, they are are going to minimalize your dispute into a eOscar code. But you need this written hardcopy trail for future use as you work your way through the dispute process

Exactly! What you read was going to be used in court. It is their job to read the dispute. The entire matter was and still is a royal flush and everyone is held accountable.

What recourse would anyone have if someone is just dumb enough to violate? Always think things through. This game is about documentation, make no mistake about that. Anyway, the TL is reporting correctly now.

Cheers

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If an account was included in a Ch7 BK, but on my CR the account is reporting as "pays x late" - can I dispute it with the CB and the OC to remove it saying I have never paid the account late? In the future, I would like to attempt removal of the BK as suggested here by claiming it was Ch13...so I can't dispute account and include them in the BK because having accounts reporting "included in BK" is a bit of a contradiction.....so what am I supposed to do?

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