Remove Inaccurate Information From Credit Report - Letter to Send to Original Creditor
Written by: Kristy Welsh
Use this Sample Letter to Ask Original Creditor to Remove Inaccurate Information
You have sent the original dispute letters to the credit bureaus and waited 30 days for their responses. When you reviewed their letter, there were some items taken off your report but there are others that came back "item verified." What do you do now? Now you dispute this negative information directly with the original creditor. You can only do this AFTER you have disputed the information with the credit bureaus first.
What you want the original creditor to do is to "investigate" or "prove" the negative information. This letter addresses that fact this is a "charge off" of an account, which is over 7 years old since the date of first delinquency. The creditor is trying to "re-age" the account, which is illegal, and you are asking them to take this information off your report or you will pursue legal action.
Re: Acct #
To Whom It May Concern,
I recently disputed an account you are reporting on my credit report with the credit bureaus. This collection came back "verified." I honestly have no idea what this account is about. I have no negatives on my credit report other than this "mysterious" collection.
I am very well versed in credit law and the practice of re-aging accounts. As you are no doubt aware, a collection is tied to the original account before it is charged off. The original account and the corresponding collection cannot be reported after 7 years from date of first delinquency. Therefore, even if this collection was actually mine, you are reporting something, which is too old to be on my report.
You report that this account was opened in 2004 - and therefore you are re-aging this account, which is illegal - so you are in violation of the FCRA, with fines of $1000 per incident.
I am requesting that you investigate this matter under the FCRA:
* FCRA 623 (a) ( 8 ) Ability of Consumer to Dispute Information Directly with Furnisher
* (E) Duty of person after receiving notice of dispute. After receiving a notice of dispute from a consumer pursuant to subparagraph (D), the person that provided the information in dispute to a consumer reporting agency shall--
* (i) conduct an investigation with respect to the disputed information;
* (ii) review all relevant information provided by the consumer with the notice;
* (iii) complete such person's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611(a)(1) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and
* (iv) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.
In addition to the investigation, I am going to have to insist that you remove this illegal account from my credit report or I will have to take legal action.
Don't have time to fix your credit yourself or feel overwhelmed by the prospect? Call Lexington Law today for your free credit consultation! Get the credit you deserve!