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Thread: Disputing mistakes on credit report

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    God/dess NinaDaisy's Avatar
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    Default Disputing mistakes on credit report

    I just printed out a copy of my credit report today, as we all should do annually Got it from all 3 bureaus, since I know sometimes they don't receive the same info and there are two collections on there killing my score that I'm almost certain have nothing to do with me.

    Just a few months ago my FICO score was pretty high and now it sucks.

    I know that you have to dispute these things in writing, but to be as sure about going about it the right way as possible, what's the best way to phrase the letter?

    Is it best to send it registered mail, regular mail, or some other specialized mail?

    Would it be a bad idea to call the company before sending the dispute letter just to clear up a few points that weren't addressed in the credit report?

    I apologize if this has been covered already; I searched under a few different keywords and what little came up didn't really answer my questions. Thanks!
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    Temporarily Banned Vaughn's Avatar
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    Default Re: Disputing mistakes on credit report

    You need to do all contact through certified mail.

    The first step in the dispute process is to get the company who placed the info on your credit reports to validate/verify that the info is correct by legal standards. Many companies, especially a collection agency won't or rather can't verify by legal standards.

    All credit report companies require this step. If the debt can't or isn't validated by legal standards within a certain time frame by law it must be removed. Also you may want to keep in mind that it is a violation of law for anyone to make inaccurate debt claims on your credit report and if you choose to you can sue for damages.

    You might want to check out the forums at for some seriously expect advice on all this kind of thing.

    I have some form letters that may be of help to you. Let me hunt through my stuff and find them. I will edit in a little while with a validation style letter that you can adjust to your needs.
    Last edited by Vaughn; 09-02-2006 at 06:11 PM. Reason: spelling

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    Default Re: Disputing mistakes on credit report

    ^^ echo what vaugh said. in addition to the certified mail, do it return receipt, so you have confirmation that the letter was received. someone must sign for it, and then the post office mails you back the confirmation of that so you have proof it didn't "get lost in the mail" as some places try to claim.
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    Temporarily Banned Vaughn's Avatar
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    Default Re: Disputing mistakes on credit report

    ^ Exactly.

    And don't sign the letter, type your name. Some collection companies will illegally copy a person's signature to make it look like you signed some sort of agreement.

    Here is a form letter you can use to on the collection company or original creditor. After you do this step and depending on the results THEN you go to the credit reporting agency.


    collection agency/original creditor
    address
    city, state , zip

    re : account #
    Amount: $___
    Date

    To Whom It May Concern:

    In a recent review of my credit report, I noticed that your company has placed an erroneous and derogatory entry, claiming that I owe you $____. I do not believe I now have an account with you, nor have I ever. The account number referenced above is all the information that I have concerning this alleged debt. Since you saw fit to place this item on my credit report, you obviously have all the information you need in order to investigate and correct your error.

    Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt to _____. Please also be aware that a sworn affidavit from your compliance officer does not constitute legal validation of this debt.

    I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other Federal and State agencies.

    This is a formal notice that your claim is disputed.

    Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

    Your legal staff will agree that compliance with this request is required under the laws of State of ____ and Federal Statutes.

    In addition to the questionnaire included in this communication, please attach copies of:

    Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.

    Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay this amount to ____.

    Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.

    I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.
    In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion .
    I also hereby reserve my right to copy this letter. I also hereby reserve my to take private civil action against you to recover damages.
    Please fill out the Proof of Claim form included in this communication and return it with ALL requested documents within 30 days.

    Sincerely,
    Your name
    street address
    city,state,zip
    Last edited by Vaughn; 09-02-2006 at 06:13 PM. Reason: spelling

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    Temporarily Banned Vaughn's Avatar
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    Default Re: Disputing mistakes on credit report

    Now depending on your results from the above letter this next letter may be of some use to alter as it suits your needs :


    Your Name
    Address

    CRA
    Address


    Date

    RE: Account #_________/Original Creditor’s Name

    Dear Sir/Madame:

    This is a request for deletion of a disputed item. I have attempted to have this allleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that ____ do what is legally mandated by the FCRA and FDCPA, and delete the following account listing.

    Name of Creditor/Agency, Account #_________

    On (date), (collection agency) received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. As of today,(date), they have failed to provide any proof (or respond in any way.)


    The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous __ month(s) since it was requested.

    When an alleged debt is disputed, a notation must be entered on the debtors report showing the item as in dispute. If this is not done it is also a violation of the FDCPA.

    As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor.

    Therefore, I am requesting that the entry be deleted in its' entirety as there is no proof of its' existence as evidenced by my attached documented proof.

    Sincerely,
    Your Name
    address

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    Featured Member Vamp's Avatar
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    Default Re: Disputing mistakes on credit report

    There is no point in disputing information with the collection agency. They dont care about your report. Writing anything in by snail mail for your credit report is usually useless anyway.

    I would suggest going to each of the credit reporting agency websites, since you have already pulled your report, and research how to process disputes with them. Most disputes can be done online now. If the credit reporting agency needs more information in writing from you they will request it.

    http://www.experian.com/disputes/basics.html#process


    We recommend you review your credit report carefully for accuracy because important decisions about your creditworthiness are based on the information in your report. If you find information that you believe is inaccurate or incomplete, then you have the right to dispute it free of charge.
    To request a dispute you first need a copy of your Experian credit report. Order online and receive immediate access to your credit report.


    The Dispute process
    Experian collects and organizes information about you and your credit history from public records, your creditors and other reliable sources. If you dispute an item in your report that you feel is inaccurate, then we'll contact the source of the information and ask them to check their records to verify it. Within 30 days, the source must respond to our investigation. They may verify the item as accurate, or they may ask Experian to update or correct the item.
    We'll send you an email notice alerting you when the results of your dispute are ready to be viewed online and a link to your results, if you request online delivery when you dispute. It's the fastest way to know the results of your investigation!

    Sometimes investigations don't take the full 30 days. You can check the status of your dispute investigation at any time to see what progress has been made.



    The above is just an example from one of the websites. If you want to know how to do anything go directly to the source and not a third party. Everyone from the goverment to your next door neighbor has a website now. Do the research there and find the real answers.

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    Temporarily Banned Vaughn's Avatar
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    Default Re: Disputing mistakes on credit report

    A couple of questions for Vamp. Do you work for a CRA? If so, does the CRA show the person the exact verification info or just tell them if the info was verified?

    The reason I ask is because it is my understanding that CA's often just send CRA's a an affidavit ( which is sometimes not honest) from their compliance officer rather than actual proof. What constitutes proof by CRA standards? What doesn't?

    And if a person doesn't dispute by certified mail in accordance with Fair Debt Collections Practices Act can't the CA keep reporting the info to the CRA's despite if it is correct or not?

    I guess it might be tedious to go through the whole snail mail process that is described in Fair Debt Collections Practices Act but it does preserve ALL of a persons rights in these matters.

    Just something for NinaDaisy and others to think about, everyone must decide what is best for them on a case by case basis. I'm just of the opinion that it is better to cover all the bases.

    If anyone wants any further info or form letters from me I am happy to help, just drop me an email
    Last edited by Vaughn; 09-02-2006 at 07:06 PM.

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    Featured Member Vamp's Avatar
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    Default Re: Disputing mistakes on credit report

    I am not sure what your trying to ask really.

    9 times out of 10 if the item in error on the report is more than a year old the original company doesn't bother trying to verify that the item is legitimate.

    When the FDCPA was enacted in 1996 the internet wasnt as powerful as it is now. Disputing items online does not make the dispute any less valid.

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    Temporarily Banned Vaughn's Avatar
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    Default Re: Disputing mistakes on credit report

    Sorry if I wasn't clear, my mistake.

    My questions are :
    Does the CRA show the person the exact verification info or just tell them if the info was verified?

    What constitutes proof by CRA standards? What doesn't?

    Does not doing a dispute by FDCPA standards remove any of a persons rights under FDCPA?

    If not, the Act needs to be modified because as it reads now disputes MUST be done in writing and with proof ( such as return reciept) to qualify for all the legal Fair Credit rights.

    Also doesn't the Fair Credit Act say that if a debt can't or isn't verified it must be removed from the credit reports?

    At least that is how I understood things this past spring when I was cleaning up erroneous info on my own reports to be sure and get the best mortagage rate on my new house.

    Thanks in advance for any answers you can provide as I am sure they will be useful to all interested in this thread.

    Just a little background though, I used the above form letters with 100% sucess in getting incorrect info off my reports so I thought I'd share what worked for me.

    But I'm done for now though less I get accused by someone out there of being a "pain", lol.

    Hope everyone has a great holiday weekend. Be good and if you can't be good be good at it

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    God/dess NinaDaisy's Avatar
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    Default Re: Disputing mistakes on credit report

    I printed out my individual credit reports from the 3 bureaus and I was really astonished at the disparities on them.

    The only one that was accurate was from Experian. The few negative items were true (three 30 day past-due payments going back years) and so was my name and past addresses and there were NO collections or judgements. Also, according to that report my credit score was 709.

    My TransUnion report gave me a middle name (I've never had one) and gives me a prefix of "Dr." , listed me as an AKA for my mother's married name (she co-signed on a car loan for me when I was in college), lists a previous address for me that I never lived at and lists an address I lived in 3 years ago as my current address while listing my current address as a past address! There are also THREE collections on there that aren't mine. My credit score on that report is 602.

    The Equifax report has 2 collections for utilities I never used AND a judgement filed in NYC over the summer for $2.5K for a company I never heard of. And the plaintiff's name listed on the report is similar to mine, but not my name. My score on that report is 592.

    There's a huge difference between 709 and 592 in regard to creditworthiness. This is gonna be a headache...

    That's what I get for being stuck inside during the holiday weekend and the crappy weather on the East Coast.
    "She has written so well, and marvellously well, that I was completely ashamed of myself as a writer...But this girl, who is to my knowledge very unpleasant and we might even say a high-grade bitch, can write rings around all of us who consider ourselves as writers"

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    Featured Member Vamp's Avatar
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    Default Re: Disputing mistakes on credit report

    How long ago were these negative items?

    You could be a victim of identity theft. You can put a fraud alert on your credit report so that when anyone pulls your credit report the lender should call you before processing the loan. Keep in mind this isn't a law though. It is a voluntary agreement between lenders and the credit reporting agencies. Most lenders will call you first. Even if they dont with the alert on your credit report it will be easier to dispute items with the credit reporting agency.

    Many people that steal your identity do not use it til they cant use it anymore. They use it just enough times so that you wont realize what is happening.

    Call or go to Transunion and Equafax's website. Let them know you believe you are the victim of identity theft.

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    Featured Member Vamp's Avatar
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    Default Re: Disputing mistakes on credit report

    Vaughn,

    I have worked in the banking industry for over six years. I am currently employed with a large credit card company. I have worked with customers in my previous positions to get items removed from their reports. We helped in that capacity to help them get loans with us.



    It seems we have gotten our Acts mixed up lol. I did some research to be sure. There are many different kinds of laws that governs banking and credit reporting. The FDCPA is an amendment to the Consumer Credit Protection Act to prohibit abusive practices by debt collectors.



    The Fair Credit Reporting Act is what governs disputes on a credit report. It does not state how the credit reporting agency should be contacted. I am glad you had success disputing the information on your credit report. We are all going by our personal experiance. That is why I always tell people to check with the source first on a website etc.



    http://www.ftc.gov/os/statutes/031224fcra.pdf



    § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

    If you go down to this article on the link above it will go into much great detail what the law states.
    Last edited by Vamp; 09-03-2006 at 09:19 PM. Reason: screwy spacing ugh

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    Default Re: Disputing mistakes on credit report

    Nina, you can dispute everything on your credit report online with every single bureau. Joe had to do this with his report. The one credit report had him as an "AKA" with a completely different name from some creditor in CA. Turns out that the person's name was entered with a mistyped social security number. It came off after a few disputes.

    Dispute, dispute, and dispute some more. Some bureaus will leave info that goes past the "cut off" date and by disputing them will get that info off your report.

    Do not deal with the collection agencies. Go directly to the CB. THAT'S your proof of deadline. If they don't make the deadline with the CB, it automatically comes off. Otherwise, you give them a heads up, They have 30 days to verify with you, but then they get ANOTHER 30 days to verify with the CB. If you go through the CB first, that first 30 days comes and goes. It puts the crunch on them faster and usually they end up letting it past.

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    Default Re: Disputing mistakes on credit report

    Venus & Vamp,

    Rumor has it that the best time to dispute something on your credit report is November and December because many companies are slammed getting things in order for taxes and end of year reports and they don't have time to dispute your dispute ... and you win!

    Is there much truth to this?

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    Default Re: Disputing mistakes on credit report

    Yes and no. Most companies employ accountants/financial advisors for their tax stuff and have other office people to handle the disputes. I would say it would be better to file around big holiday times (like thanksgiving and Christmas) because most businesses are closed for long weekends at that time.

    But, as for the end of year tax stuff...usually not because the dept's that handle that are usually totally separate.

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    Default Re: Disputing mistakes on credit report

    Stupid question here regarding 30 days. Wouldn't that be 30 business days? In other words, holidays and weekends don't apply?


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    Default Re: Disputing mistakes on credit report

    Quote Originally Posted by LoveSexMoney
    Stupid question here regarding 30 days. Wouldn't that be 30 business days? In other words, holidays and weekends don't apply?
    I started my online disputes today. Apparently it is 30 plain 'ol days, weekends and holidays included. The date they gave me to be resolved by was 10/4.
    "She has written so well, and marvellously well, that I was completely ashamed of myself as a writer...But this girl, who is to my knowledge very unpleasant and we might even say a high-grade bitch, can write rings around all of us who consider ourselves as writers"

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    Default Re: Disputing mistakes on credit report

    Cool. Good luck.


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    Default Re: Disputing mistakes on credit report

    It's 30 days total. Which is why it's good to do this stuff around Thanksgiving...you get a few days at Thanksgiving and then the Christmas holiday. heh

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    Default Re: Disputing mistakes on credit report

    I really didn't want to start another "RE: Credit Report Issues" thread, so I hope it's ok i piggybacked this one.


    I just took a look at my Equifax report and it has an item in collections. About $100 from 2 years ago. The only identification it lists is "MEDICAL." How do I find out who to contact about this?

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    Default Re: Disputing mistakes on credit report

    Have you tried disputing with equifax?


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    Default Re: Disputing mistakes on credit report

    No, but I will try that first. Thank you!

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    Default Re: Disputing mistakes on credit report

    I think I used that form. I had a collections on mine that said I owed ten thousand dollars on my mortgage from ninety-five. I was nine! It was pretty obvious and it was off my record within a week, actually.


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    Default Re: Disputing mistakes on credit report

    So an update, in case anyone cares:

    I got my updated credit report back a few weeks ago and four items were removed as being erronous. There was still one that was attributed to me, so I wrote the company a letter and had it sent Registered Mail. The first name on the account was different and I have no middle initial. I pointed that out, as well as a few other details. I stated this was an obvious case of ID theft.

    I got back a letter asking for a copy of my SS card, Driver's License, Police Report (!), actual proof of residence when the account in question was established.

    I phoned them this afternoon (wrote down the name of the person I spoke to as well as date and time) and asked when the account was established, since it wasn't mine.

    I was told the company looked into it more and that it is getting removed from my credit report as it was indeed discovered to be ID theft. Of course, I asked to get it in writing and was told I should receive a letter stating as much in the mail.

    So now my credit score should increase nicely. It's still not perfect, but judging by what was on it two months ago, you'd have thought I was a total fucking delinquent. Now I'm just someone who paid her Neiman's card bill a little late last year.

    Vigilance pays off!
    "She has written so well, and marvellously well, that I was completely ashamed of myself as a writer...But this girl, who is to my knowledge very unpleasant and we might even say a high-grade bitch, can write rings around all of us who consider ourselves as writers"

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    Default Re: Disputing mistakes on credit report

    Yes, send...in the mail...a copy of your social security number, your drivers license with all current, personal info, and some more information about past residences. Because no one steals mail anymore.

    Who was the genius that sent that letter? I would report them to the prez of the company. That is the stupidest, most insecure way of proving identity by mail.

    Did you know you could report a company for bad business practices if they allow someone to take credit under your own name? Especially if the names do not match? That's just someone looking at credit scores and not verifying the important info.

    Here's a great site I found and signed up for: http://welcome.lifelock.com/how.php

    Glad you got it straightened out!!

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