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Can you send a FCRA Section 623 investigation letter to a CA?


Fairy Enchantress
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If you don't mind copying and printing in bold for me....what actual part of this letter can I use Tiggers? Thank you by the way.

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 immediately disputed this information with Experian and TransUnion and the results of the investigation came back "verified". 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.

Since I have disputed the lates with the credit bureaus, and you obviously "verified" them, I am very curious as to what kinds of "records" you may have for this alleged account. Under the new FACTA laws, you are required to conduct an investigation on this account, and I am now requesting it. I am reprinting the legal text from the FCRA for your legal staff.

§ 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.

(B) 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)(B)(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 (B), with respect to which the person has already performed the person's duties under this paragraph or subsection (B), 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.

and

§ 623. (B) 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;

(B) 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;

(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; and

(E) if an item of information disputed by a consumer is found to be inaccurate or incomplete or cannot be verified after any reinvestigation under paragraph (1), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly--

(i) modify that item of information;

(ii) delete that item of information; or

(iii) permanently block the reporting of that item of information.

I will seek legal action under § FCRA 623 (B) for violations of the FCRA if you do not comply and respond to me with the results of the investigation in 30 days.

In order to clear up this matter, I would like to see, a payment history from your company showing me I was late on these dates. If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

To avoid a lawsuit, I request that you remove my late payments and also the "account closed by credit grantor" from my credit report. Though I am entitled to $3,000, $1000 for each violation (one for each inaccurate late payment on my account for each credit bureau), I will take $1000. Please correct this listing to "paid as agreed - never late", and remove late for <insert date of late(s)>, or I will be forced to seek legal action.

Sincerely,

<Your name>

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Yuck - too long.

Here's what I just sent out to Target - shorten yours up to something like this:

Dear Sir or Madam:

I pulled my credit reports several times in the last year and see that you have decided to report inaccurate information with all 3 credit bureaus. I immediately disputed this information and the results of the investigation came back "verified". The thing is: You are reporting different information to each of the credit bureaus. How can you verify information that is different across all 3 bureaus?

Since I have disputed with the credit bureaus, and you obviously "verified" them, I am very curious as to what kinds of records you may have for this account. I am writing this letter pursuant to Section 623 of the Fair Credit Reporting Act. As a furnisher of information to the credit bureaus, it is your obligation to report accurate information. I have the ability to dispute with you pursuant to FCRA §623, and I am doing so. I’m sure you know that you have 30 days to respond to me or delete the item from my report. In case you are wondering, here are the applicable sections:

§ 623. (a)(8) ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER

§ 623. (B) DUTIES OF FURNISHERS OF INFORMATION UPON NOTICE OF DISPUTE

I may seek legal action under FCRA §623 (B) if you do not comply and respond to me with the results of the investigation in 30 days.

In order to clear up this matter, I require a complete timeline of payment and activity dates for this account from its inception to date, and proof of the validity of information you have erroneously provided to Experian, Equifax, and TransUnion regarding this account. I dispute this listing as it appears on my credit reports and require you investigate the accuracy of your tradeline. You have 30 calendar days from your receipt of this letter to investigate this information properly or delete your trade line from my credit reports.

If you don't respond with the results of the investigation within 30 days (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information.

To avoid a lawsuit, I request that you remove this item from my credit reports. Please correct this mistake as soon as possible.

Even that is a little on the long-winded side...

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my letter to Arrow was basically the same substance - my Best Buy letter follows (it's a follow-up 623 letter):

To Whom It May Concern:

I am in receipt of your letter to me dated March 5 2008, which I received on March 12 2008. In your letter you inform me that this debt has been sold and I should contact Arrow Financial for information. That’s not good enough. My letter was an investigation request pursuant to §623 of the FCRA. You were reporting inaccurate information to the credit bureaus, and are continuing to do so. In case you forgot, an FCRA §623 investigation requires you to prove to me the accuracy of what you report to the credit bureaus within 30 days from the original request (October 2007). You have sent me nothing but a “please contact Arrow Financial”. That is a direct violation of that Section. YOU are the ones reporting inaccurate information, so YOU are the ones who need to remedy the situation.

Since this is the third letter I have sent in an effort to clear up this matter of inaccurate reporting, a matter that you have not yet remedied, I am giving you 15 (fifteen) calendar days from your receipt of this letter to delete this tradeline from my credit reports, as you have not fulfilled any of your obligations under the FCRA.

If this item is not deleted from my credit reports within the 15-day time frame, I will discuss with my attorney the possibility of naming you as the Defendant in a civil suit for violations of the FCRA and the Washington State Consumer Protection Act.

Be advised that I will be filing complaints with the Washington and Delaware Attorneys General as well as the Better Business Bureau about your illegal actions if this item is not resolved to my satisfaction.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES

Sincerely and Respectfully,

That's my last "nice guy" letter ot Best Buy.

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yeppers. As long as they're reporting to your CRs, they have the obligation to report accurately. As such, you have the ability to dispute with them, yes. That's how I got rid of Arrow, and how I'm (hopefully) getting rid of Best Buy and Target (Chargeoffs)

Good I have another collection I want off. Thanks for helping with Arrow also.

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you're welcome. When you send out letters, try and stay as far away from the sample letters as you can. to quote myself:

There are two things that scream “uninformed consumer” to a CA: Someone who just pays them, and a verbatim cut-and-paste job of a sample letter from the Internet.

:wink:

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Um quick question here...

I have the same situtation as Amerikaner's first letter stated, pymt histories not matching with all 3 CRA's... disputed, came back 'verified, consumer disagrees' but they still don't match.

I went ahead and re-disputed with all 3 CRA's (online and via mail, EQ wouldn't let me online dispute) the same day and I'll be checking in a month to see what the results are...

Just wondering about the next step in case...

they update the accounts with matching information, still negative. Do I still send out the 623 letter?

I guess I'm also wondering... if anyone has gotten information/documentation proving accuracy of a negative tradeline?

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Hi all! :)++

Just a quick question regarding the request for investigation letter. I have two CAs that I need to get information from, however, unfortunately if I DV them it is not timely (didn't know I could do this back when these were added). Knowing that a DV would not be timely, should I skip the DV and just send a Sec. 623 Investigation letter instead? It seems to me that many CA's ignore the untimely DV but have to respond to the 623 letter.

Thanks!

C

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Hi all! :)++

Just a quick question regarding the request for investigation letter. I have two CAs that I need to get information from, however, unfortunately if I DV them it is not timely (didn't know I could do this back when these were added). Knowing that a DV would not be timely, should I skip the DV and just send a Sec. 623 Investigation letter instead? It seems to me that many CA's ignore the untimely DV but have to respond to the 623 letter.

Thanks!

C

No.

There is a lot of information about this process (see the CreditRepair > Credit Repair section)...I suggest you spend some time reading in that section before doing anything.

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Have you used this form of the letter before?

Um...yes I have...considering that's one basically verbatim I sent out on Monday! My original one to Arrow was basically verbatim of that one - I took the original 623 letter and as you can see I made it my own. You should do the same to mine - make it your own.

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i know it says to make sure you dispute with all cra's before you send the 623 letter. since i disputed this with all three and i got the results back that the item is verified and remains unchanged from 2 of the 3 but i have to deal with stupid csc and they are taking their time, can i go ahead and send the 623 letter now that it came back for the other two?

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Um quick question here...

I have the same situtation as Amerikaner's first letter stated, pymt histories not matching with all 3 CRA's... disputed, came back 'verified, consumer disagrees' but they still don't match.

I went ahead and re-disputed with all 3 CRA's (online and via mail, EQ wouldn't let me online dispute) the same day and I'll be checking in a month to see what the results are...

Just wondering about the next step in case...

they update the accounts with matching information, still negative. Do I still send out the 623 letter?

I guess I'm also wondering... if anyone has gotten information/documentation proving accuracy of a negative tradeline?

You know, I have wonderd that but, I have used it twice, and so far I have not needed the 2nd step, but we will see. I sent it to RJM and they backed off of EX. Now I am waiting to see if they take their crap off of TU.

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Um...yes I have...considering that's one basically verbatim I sent out on Monday! My original one to Arrow was basically verbatim of that one - I took the original 623 letter and as you can see I made it my own. You should do the same to mine - make it your own.

What I did was personalize it by adding a paragraph with details I thought were wrong in the first paragraph, and I forget what I added to the last Paragraph. I removed the part about the frivolous clause. I didn't want to give them any ideas. :)

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i know it says to make sure you dispute with all cra's before you send the 623 letter. since i disputed this with all three and i got the results back that the item is verified and remains unchanged from 2 of the 3 but i have to deal with stupid csc and they are taking their time, can i go ahead and send the 623 letter now that it came back for the other two?

I wouldn't worry about the hang up with CSC.

The fact of the matter is you disputed it and if it was reported wrong on just 1 CR then it would still have the same effect.

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