Mcm
Date: Wed, 12/29/2010 - 10:38
[SIZE=3]I have an example of what might be happening to you. [/
[SIZE=3]I have an example of what might be happening to you. [/SIZE]
I had a 5/3rd Checking account in 1997 for about 6 months. I closed the account and no checks were outstanding. About 5 years later I went to a different bank to refinance a home mortgage and an outstanding debt showed up as being owed to 5/3rd bank through a collection agency. I can not remember the numbers exactly but it was something like $720.13. I ignored the collection agency and called the bank. When I called the bank they told me the same BS that your bank is telling you. Basically they said we do not have record of the transactions but the computer says I owe the money and the computer is never wrong. I immediately called BS and said they had to show proof of the debt or remove it from my credit report. It took me about an hour of arguing with a bank rep before they agreed to send off for old bank records. I was surprised they had them actually. After review of the records we figured out that for some reason the day after I closed my account the bank charged me 13 cents. The bank researcher could not explain what the 13 cents was for. Then the bank charged me something like 12 months worth of $30 penalties for late fees and $30 penalties for insufficient funds. I had to argue with them for a while before they agreed to remove everything. The entire process took a couple of months because they drug their feet on obtaining the records.
[SIZE=3]I would fight with the bank first and try to make them produce documentation of your account. If they can not or will not then I would follow the normal DV process probably. Send the collector a debt validation letter and consider sending a limited cease and desist letter with it. I would follow up with dispute requests to each of the 3 CRAs. If they do not validate by supplying those statements but continue to report then they are in violation of the FCRA. [/SIZE]