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Old 06-05-2009, 12:50 AM
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Alright everyone; i'm not messing around anymore...i went onto my PACER account and decided to take matters into my own hands. I currently have 2 public record items and my husband has 3. i searched both of our names AND last four of our SSN's.

Criminal Name search:

0 total party matches

Civil Name search:

0 total party matches

Bankruptcy Name search

0 total party matches

i printed all of these pages and i'm sending copies, certified to all three CRA's with this letter:

To whom it may concern,

I am sending this letter certified mail #7008 3230 0000 0000 0000 so that you receive it.
You are reporting the above referenced Public record on my credit reports inaccurately. I have disputed this item on numerous occasions and you confirmed the account as valid.

To whom it may concern:

In a good faith effort to resolve the matter amicably, I must demand that you immediately remove this account from my credit report as you are in violation of both the FCRA (sect. 623) AND the FDCPA under False or misleading representations [15 USC 1692e].

If no such deletion is completed within 10 days from receipt of this notice I will seek legal counsel and file complaints with the Federal Trade Commission, Better Business Bureau. If you fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes.


Thank you


Please let me know if this letter will work? thanks
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Old 06-05-2009, 10:42 AM
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Yikes, heres the letter...sorry

To whom it may concern,

I am sending this letter certified mail #7008 3230 0000 0000 0000 so that you receive it.
You are reporting the above referenced Public record on my credit reports inaccurately. I have disputed this item on numerous occasions and you confirmed the account as valid.

In a good faith effort to resolve the matter amicably, I must demand that you immediately remove this account from my credit report as you are in violation of both the FCRA (sect. 623) AND the FDCPA under False or misleading representations [15 USC 1692e].

If no such deletion is completed within 10 days from receipt of this notice I will seek legal counsel and file complaints with the Federal Trade Commission, Better Business Bureau. If you fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes.


Thank you
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Old 06-05-2009, 11:02 AM
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Quote:
Originally Posted by CreditCrisis View Post
Yikes, heres the letter...sorry

To whom it may concern,

I am sending this letter certified mail #7008 3230 0000 0000 0000 so that you receive it.
You are reporting the above referenced Public record on my credit reports inaccurately. I have disputed this item on numerous occasions and you confirmed the account as valid.

In a good faith effort to resolve the matter amicably, I must demand that you immediately remove this account from my credit report as you are in violation of both the FCRA (sect. 623) AND the FDCPA under False or misleading representations [15 USC 1692e].

If no such deletion is completed within 10 days from receipt of this notice I will seek legal counsel and file complaints with the Federal Trade Commission, Better Business Bureau. If you fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes.


Thank you
This is not a good letter for a CRA. For one, they are not violating the FDCPA because they do not have to follow those laws. The FDCPA governs CAs. Then, the section of the FCRA you are quoting is for the furnisher of information.......not the CRA. Also when it comes to the point that you are threatening to seek counsel and file complaints, you should be sending it to their legal dept........and that's ONLY if you are serious about filing a lawsuit. If you sent this letter to the regular dispute dept, it would not be taken seriously.

Sorry......but it's just not the right letter for your situation.
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Old 06-05-2009, 11:13 AM
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okay, so what should i send?:confused:
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Old 06-05-2009, 11:16 AM
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well and not to fight you, but i looked up the definition last night of the FCRA and it says it governs the CRA's also...thats the only reason i put it in the letter...

[B][I]"Consumer reporting agencies (CRAs) are entities that collect and disseminate information about consumers to be used for credit evaluation and certain other purposes. Credit bureaus, a type of consumer reporting agency, hold a consumer's credit report in their databases. CRAs have a number of responsibilities under FCRA, including the following:

Provide a consumer with information about him or her in the agency's files and to take steps to verify the accuracy of information disputed by a consumer. Under the Fair and Accurate Credit Transactions Act (FACTA), an amendment to the FCRA passed in 2003, consumers are able to receive one free credit report a year.[2] The free report can be requested by telephone, mail, or through the government-authorized website, annualcreditreport.com.[3] "

Source: Wikipedia - Fair Credit Reporting Act
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Old 06-05-2009, 02:46 PM
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Yes, you are right......the FCRA does govern the CRAs......but that particular section (623) is Responsibility of furnishers of information to consumer reporting agencies

It just doesn't apply in this situation.

Just to refresh me...... where are you in the dispute process?
I know you've been having trouble getting the letter from the courts but have you sent the CRAs the PR letter yet?
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Old 06-05-2009, 04:54 PM
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yes. over a month ago now.
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Old 06-05-2009, 04:59 PM
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Originally Posted by CreditCrisis View Post
yes. over a month ago now.
You sent the PR letter over a month ago? Did you ever get a response?
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Old 06-06-2009, 01:07 PM
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no. thats only reason i'm so ticked off! :mad:
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Old 06-07-2009, 11:41 AM
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Then go ahead and file an FTC complaint for their lack of response. Send the PR letter again with a copy of your FTC complaint. Just make a notation at the beginning of the letter letting them know this is your 2nd attempt at a procedural request.
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