calzer7

wierd investigation results

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Just to summarize;

I sent out an invesitgation letter CMRRR to HSBC which they signed for on 1/8/09. Letter was thorough and concise asking them exactly what I was looking for which was for them to investigate the reporting of several lates they had listed inaccurately on my TU and EQ report. Dates were listed differently on each report. Did not receive anything back so I fired off a another, more threatening letter with all my rights listed and their failing to respond, on 2/13/09.

Here is the wierd part. In the mail today, I received a letter dated 2/11/09, and I quote;

"We received notification of a possible credit bureau reporting discrepancy. In order to assist us in thoroughly investigating your dispute, please complete the following form and include all supporting documentation: "

It came with a form that asks for name, address, soc, DOB, phone. Also, which bureau report I am disputing, account #'s listed on CR, balance reported as_____Should be_____

Delinquencies reported

List disputed dates, etc.

I have already provided all of that info on my investigation letter and included a copy of my drivers license.

On the bottom it states provide as many details as you can, accompanied with appropriate documentation to support your dispute.

Then they want me to sign it under a statement that says; "I state under penalty of perjury that the statements I have made on this request are true and accurate to the best of my knowledge".

First of all, they sent this out after the 30 days. Secondly, they sent it out before my second letter was received (Still haven't received green card back from second letter).

My question is, what should I do with this form?

Is it my responsiblility to help them with their research?

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My question is, what should I do with this form?

Is it my responsiblility to help them with their research?

There are different ways to look at this. They might be playing a game with you. Or they might be confused.

If you don't respond, about all you can do to force things is to file a lawsuit. That is an awful lot of effort and your chance of success is, in my opinion, not very high.

If you do respond, you might get what info you want.

As to the signing under oath, do you really care? I presume you are telling the truth, in which case, what difference does it make?

In my view, the easiest way to deal with this is provide supporting information that shows you were not delinquent. If they then fail to make the correction, you have a dead lock for a court case and any consumer rights attorney would be delighted to take up your cause on contingency.

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Thanks wiser. I guess this question is a tough one since you are the only one to reply in the week that this question has been up here.

The only proof I have are confirmation numbers written on my statements with the date that it was paid. I am not sure if that is enough proof. Some of the lates are correct. About 2 or 3 of them which is why I don't want to sign anything. Maybe I will just send them what I have and not sign the bottom, although I don't feel good about that. Right now I have them on 2 violations;

Not repsonding within 30 days and inaccurate reporting since they verified different dates with 2 different CRA's.

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Thanks wiser. I guess this question is a tough one since you are the only one to reply in the week that this question has been up here.

The only proof I have are confirmation numbers written on my statements with the date that it was paid. I am not sure if that is enough proof. Some of the lates are correct. About 2 or 3 of them which is why I don't want to sign anything. Maybe I will just send them what I have and not sign the bottom, although I don't feel good about that. Right now I have them on 2 violations;

Not repsonding within 30 days and inaccurate reporting since they verified different dates with 2 different CRA's.

At this point, you don't have to prove anything. You just need to be comfortable with signing the oath -- which is essentially saying this is true and correct to the best of my knowledge.

But, if the lates are correct and you claim they are not, then you have a moral issue and you potentially have a legal issue. I think the chance is about a million to one that they would actually ask a DA to bring charges against your for perjury. I think the more practical problem is they use the oath against you later if you were to try to sue or some such.

If they have violated and you can prove it, just sue them and get if over. Other than that, I don't have any creative ideas.

Regards.

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"...a form that asks for..."

They want proof that you are who you say you are. Since you've already provided this, resend it. You may, or may not, wish to point out that it was included in your initial letter.

"...provide...appropriate documentation to support your dispute..."

Per 1681s-2, Subsection 623(a)(8) of the FCRA. You'll see this referred to here as a '623 letter' or method.

"(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..."

"...confirmation numbers written on my statement..."

Seems like terrific proof to me. No way to know how long HSBC keeps such info in their records, but the fact that you have them indicates that you are being truthful. On that basis alone, HSBC may wish to comply rather than risk a legal showdown.

"...is it my responsibility..."

Not to help with their part, but the FCRA does require a consumer to submit supporting documentation. If you have it, why not send it along?

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