Does anyone have a good "not mine" dispute letter?

[Flypilot]

I need a good letter to an OC and a CA for an account that is not my wifes. I would like the letter to reference stated violations and a "delete or I will seek damages" portion.

Anyone have a good one that shows we are serious. I will file suit in our local state court if I have too. First I would like to give them a chance to remove it...

Thanks,
Fly

[30daylate]

Have you checked out the dispute letters on the site here? Honestly I think something you write yourself is going to work better than a form letter that everyone is using to dispute their credit report.

[Lian]

I would use the basic direct dispute letter under FCRA 623(a)(8).
The key, in my opinion, to an "account not mine" dispute is to provide some documentation to support your assertion. Two forms of documentation come to mind.
First, the FTC has produced and published an "Identity Theft Affidavit" form letter to assist consumers in documentation of such an assertion. Not all creditors will accept the FTC affidavit, but for those who do, it is sufficient documentation supporting your assertion.
Second, the FCRA recognizes an "identity theft report," as defined in FCRA 603(q), as supporting documentation. See, for example, FCRA 605B. It is really nothing more than a police report asserting potential identity theft as the reason for the reporting of an account that is not yours.
The implementing rules for the direct disptue process, as set forth in 16 CFR 660.4(d)(3), identity either a fraud/identity theft affidavit or an identity theft/police report as adequate documentation for such an assertion.

If you dont have a form direct dispute letter, let me know, and I will provide one. Teh direct dispute process is very new, and I would suggest strict adherence to its numerous provisions. The creditors dont like the direct disptue process, and may look for any reason to dismiss it.

[Lian]

Suggested direct dispute letter:

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), and 16 CFR 660.4, of the accuracy of information you have reported to my credit file.
► (If sent to a debt collector, (CA), it might be beneficial to also include the blurb:
► “This is a direct dispute of credit reporting. This is not a request for debt
validation/verification under FDCPA §809(b).”.
(don’t let them just simply sluff it off as a meaningless DV letter)
“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes:
“Identification of the specific information being disputed:
[I] (specify the account number, and the specific information that is disputed under that identifying account)
“Basis for the dispute:
(how the reporting was inaccurate; was any reporting in violation of any statutoy or regulatory provisions? account or express agreements? CRA reporting gudelines? Account notyours? etc.)
“Supporting documentation:
(all documents that support your dispute; this is where you wiould provide any identiy theft affidavit or report; make sure to include,as part of your documentation, at least a copy of the portion only of your recent credit report showing their reporting of the disputed information was actually reported to your credit flle. The implementing rule suggests a showing that it appeared in your credit report)

“Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you, to complete your investigation of this Direct Dispute within 30-days of my Notice of Direct Dispute, and report back to me the results of your investigation within 5-days of your completion of your investigation.”
“Should you find the disputed information to be inaccurate or incomplete, or you cannot verify the accuracy or completeness of the disputed information, you are additionally required, under FCRA §623(b)(1)(E), to promptly notify the credit reporting agencies of correction of this information, or of its deletion from my credit file.”