Consumer Credit Repair - False Reporting is Detrimental but Easily Resolved - at No Cost, Part 2
Simple, Pain-free, No-cost Correction of Credit Reporting Mistakes, Part 2
Equifax Credit Information Services
P.O. Box 40241
Atlanta, GA 30374
Experian
701 Experian Parkway
Allen, TX 75013
Trans Union Corporation
P.O. Box 34012
Fullerton, CA 92834
DEBT COLLECTOR
123 Main Street
Elsewhere, USA 12345
THIS IS A DISPUTE LETTER PURSUANT TO F.R.C.P. § 611(a)(2) and U.S.C. § 1681
Re: Debtor YOUR NAME, D.O. B. XX/XX/XXXX, SS #: XXX-XX-XXXX
Address listed on report: XXXX(for verification purposes)
XX accounts referenced below
DATE
Dear Messrs:
Previously, by way of correspondence dated XXXX, I disputed the below-listed accounts reported on my credit report, as I believed a portion of the primary debt to have been reported in duplicate, while others have not been reported as "paid in full." As before, my research showed the following:
1) Account XX was reported by XXX, in the original amount of $XX, now owing $XX; and can be viewed on both Equifax and TransUnion bureaus;
2) Account "XX was reported by XXX, in the original amount of $XX, now owing $XX; and can be viewed on both Equifax and TransUnion bureaus;
et al....
As I previously noted in my prior letter, I believe that erroneous duplicative reporting has occurred with respect to items #X and X, as these debts are listed as "new" debts, separate and different from the original debts reported by XXX. Pursuant to F.R.C.R. § 623(a), it is "the duty of the furnishers of information to provide accurate information." Further, these furnishers shall "follow reasonable procedures to assure maximum possible accuracy to assure any consumer's debt is reported accurately." Therefore, a debt is only to be reported as only one entry on a consumer's credit report. If another collection agency "buys" a loan or returns the debt to the original creditor for collection, only one item may reported at a time for that specific debt. It is the prior collector's responsibility to ensure their entry is removed, allowing the current collector to add an entry on their own behalf.
In my XXX letter, I requested that I be provided with documentation of the alleged XX separate accounts that are not duplicative of each other in any respect with respect to loans incurred with XXX, in the name of this debtor, within 30 days of that letter. To date, XXX has not responded to my request, nor has it provided me with any documentation whatsoever. In fact, they have not even acknowledged my request. Therefore, I respectfully request deletion of the XX duplicative items incorrectly reported to each credit reporting bureau, with the most current balance as the only the entry to remain on my credit report, immediately, as XXX has not provided the requested documentation within the required time period. As I noted, these remaining balances should now be reported as "paid in full." The rest must be deleted.
I also respectfully requested that XXX update the remaining six loans which have been consolidated under an account number designated as XXX-XX-XXXX, also noted in my XXX letter. Again, I have made XX payments, now spanning twenty weeks, and my credit reports have yet to be updated. It has now been more than twenty weeks and none of the credit bureaus have not updated those remaining six accounts as "paid in full", as required by Federal law. Again, XXX has not bothered to acknowledge this request either. I insist that the credit reporting agencies have a duty to update as requested, since XXX has not provided the requested information within the required time period. If not, the credit reporting bureaus will be held as responsible for the misreporting as XXX is even now responsible.
Both the duplicative reporting and the mis-reporting by XXX of the XX, now paid-in-full, loans on my credit report have caused irreparable financial damage and emotional stress, both of which are compensable under Federal law. I can prove actual monetary damages. I hold XXX directly responsible for this false reporting. If each of these bureaus privy to this letter refuse to update as requested, under federal law, then I will hold each of you just as responsible.
My intent initially was to simply spur XXX into action to have this remedied immediately, given the monetary damages I have incurred thus far due to XXX's improper actions. Unfortunately, the only response I've received from any entity privy to my XX letter, was a request from Experian to provide them with two forms of proof of my identity, a copy of which I sent. No other entity has bothered to acknowledge these requests as required under federal law. Therefore, I respectfully request these accounts be deleted entirely from my credit reports as no written proof has been offered concerning these accounts. Otherwise, I will pursue remedies available to me for your direct violation of federal laws and I will be pursuing compensation for monetary damages incurred by me due to your wrong-doing if these issues are not resolved promptly and satisfactorily. I implore you to please avoid further issues by updating the three credit reports/bureaus as required.
Thank you for your assistance in this matter.
Very truly yours,
YOUR NAME
cc: Federal Trade Commission (w/ encl of XX letter)
Published by A.M. Musings
I attended the University of Houston for Communication. I thrive on finding opportunities to fulfill my craving for written communication. I'm also a Mary Kay gal. I believe in the product and you will too.... View profile
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2 Comments
Post a CommentConsumers need to be careful not to use too harsh of language, or too much legal language or threats of suing. The credit reporting agencies can quickly deem a dispute frivolous and worse they can freeze a consumer's credit file. Sometimes the credit reporting agencies even accuse consumers of using credit repair companies. I think you have a very instructive letter for the consumer to get an idea, or confidence in pursuing disputes. Thanks
Again, thanks for the compliment. These letters were created based on my experience as a paralegal handling consumer credit issues and I wanted to share this with others. Glad you found it insightful.