Share post
member profile picture

OK- so I have a debt entered on my chexsystems report that I do not remember. It is for "account abuse" in 2005. I sent a letter for verification and within 30 days they said it was verified. I then sent in a procedural request that said I called the bank, they have no record of the debt and I need to see the procedure they used to verify. I said repeatedly in capital letters THIS IS NOT A REQUEST TO REINVESTIGATE. PLEASE DO NOT REINVESTIGATE - several times. I also said that I expected the procedure back within 14 days. It's now day 13 and I got a letter (the generic one) that they were going to reinvestigate. When I called they owned up to this being a clerical error - I demanded they delete the item because they did not send me the procedure description in the time allowed by law and they were violating my rights. Chex said that because I called the bank this warranted them investigating again (backpeddling) so I quoted my letter and it's capital letters - they said they would send a procedure description now. WHAT DO I DO? They did not send me the proper paperwork in the 14 day period! HELP!!




Send them an Intent to SUE letter. tell them you will not tolerate their abuse of your rights. Give them 10 days to comply. If they do not....file suit...CRAs who violate your rights are big nonos...they do NOT like to be sued.

Sub: #1 posted on Mon, 04/12/2010 - 23:04

goldenbast goldenbast
Moderators Cum Industry Expert
(Posts: 2885 | Credits: )

UPDATE:

Chexsystems sent me 2 letters dated April 14th. One said they were reinvestigating, one said they verified the info. They NEVER sent me a procedural letter. I already sent them an intent to sue. My question is:

If Chex does not send me a procedural letter in 14 days can I legally sue and win?
Is this a law?

Sub: #2 posted on Thu, 04/22/2010 - 08:44

Unregistered


The fact they keep verifying a bogus account and NOT sending you a procedural is a slam dunk case. Take copies of your letters and of the ones they sent back. See if you can get a letter from the bank stating they have no adverse account on you. The fact is, you already sent a procedural request that they ignored.

Sub: #3 posted on Thu, 04/22/2010 - 15:12

goldenbast goldenbast
Moderators Cum Industry Expert
(Posts: 2885 | Credits: )

But my big question is is it federal law that if they dont send a procedure in 15 days that they must delete?

Sub: #4 posted on Thu, 04/22/2010 - 15:31

Unregistered


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

(iii) a notice that, if requested by the consumer, a description of the
procedure used to determine the accuracy and completeness of the
information shall be provided to the consumer by the agency,
including the business name and address of any furnisher of
information contacted in connection with such information and the
telephone number of such furnisher, if reasonably available;

was this included in your reinvestigation letter?

Anyhow the law states that they can be sued for willful noncompliance.

Once you sue, they will more then likely want to settle which means you will get a little $$ for your trouble and permanent removal of said account.

Sub: #5 posted on Thu, 04/22/2010 - 16:30

goldenbast goldenbast
Moderators Cum Industry Expert
(Posts: 2885 | Credits: )

Yes that was in the letter they sent back when thet verified. but what if thety send me a procedural letter late? is there a law that says it has to be on time?

Sub: #6 posted on Fri, 04/23/2010 - 06:31

Unregistered


There is no law that says how long they have, so my guess would be a reasonable amount of time. But you have given them a reasonable amount of time and in fact they did not send you said procedural and even contradicted themselves with those two letters and giving you the runaround.

I couldn't find the place where it described the procedural however, only that they give a notice that you can get one...so I might have missed it. I will give the law another go over later today...

Sub: #7 posted on Fri, 04/23/2010 - 09:16

goldenbast goldenbast
Moderators Cum Industry Expert
(Posts: 2885 | Credits: )

I believe this is what you might be looking for?

[FONT=TimesNewRomanPS-ItalicMT][SIZE=2][FONT=TimesNewRomanPS-ItalicMT ][SIZE=2][LEFT][611 [15 U.S.C. ?? 1681i] 6 A (iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the
consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;]


[611 [15 U.S.C. ?? 1681i] (7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after[/LEFT]
receiving a request from the consumer for that description.]
[/SIZE][/FONT][/SIZE][/FONT]

Sub: #8 posted on Sat, 04/24/2010 - 05:42

Mary Adkins Matthews Mary Adkins Matthews
Moderators Cum Industry Expert
(Posts: 755 | Credits: )

There! Yes! Ok so they DO have 15 days. This is turning into a slam dunk!

Sub: #9 posted on Sat, 04/24/2010 - 10:24

goldenbast goldenbast
Moderators Cum Industry Expert
(Posts: 2885 | Credits: )

Attachment
More information
  • Files must be less than 500 MB.
  • Allowed file types: txt pdf jpg jpeg png.


Page loaded in 0.968 seconds.