ChexSystems Removal

Information on Removal

Sample Letters for Removal

Sample Letters for Removal

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Sample Letters for Removal

Sample Letters for Removal

Sample Letters for Removal

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The Dispute Process

 

Before you can dispute any inaccuracies, you need to know what is listed on your ChexSystems report. Under the federal Fair Credit Reporting Act (FCRA), you are entitled to a free copy of your consumer report once every 12 months or if you’ve been denied a new bank account in the past 60 days. You can request your free copy by going to the ChexSystems web site. 


If you find anything that is not accurate on your report you can of course request that it be deleted under the law and it must be removed. Assuming the case that you get your report and the information is accurate, you can still file a dispute. 


 

Request for Validation

  • State you do not believe the account to be yours and ask for validation. Make sure you send the dispute certified mail only and keep a copy of your original letter.  

Wait for a Response from ChexSystems

Upon receiving your documents, ChexSystems and the bank will each have 30 days to investigate and send a response. 

  • If you do not receive a response within 30 days on the date of the letter, the report must be deleted from ChexSystems by law. You then need to send a letter of Demanding removal based on no response in the 30 days allowed. 
  • If ChexSystems or the bank determines that the record is accurate, they will not remove the report. In this case you must file a Procedural Request letter. In your letter, ask ChexSystems to supply the results as well as the name, address and phone number of each source of information. You are also entitled to a free copy of your report if any change is made.

I do not suggest that you use the online dispute process that they offer. You will have better luck using certified mail only: 

 

Chex Systems, Inc.

Attn: Consumer Relations

7805 Hudson Road, Suite 100

Woodbury, MN 55125


5 Stages of Disputing

 5 STAGES OF DISPUTING

There are five stages to disputing:

1. Gather the facts and send the initial dispute letter.
2.  If the information is not removed, send a procedural request.
3.  If the procedural request does not result in removal, dispute with the original creditor.
4.  Send the ITS - Intent to Sue Letter
5.  File complaints with the bank regulator, the state attorney general - and consider legal remedies.

Step 4 is allowed under FACTA [Amendments to the FCRA].  You can dispute directly with the original creditor if the credit reporting agency does not resolve the situation.  The original creditor must investigate and respond within 30 days.

The "procedural request"

This is where Chexsystems must show how they "verified" the information with the bank

NOTE: Neither the FCRA or FACTA require them to produce documents as proof.  However, they must indicate how they verified.

If it has been 15 days, send the Intent to Sue letter to a Chexsystems executive
[I like to send to their legal counsel] for their FCRA violation.  Send a certified RRR dispute letter to a bank executive, indicating they are in violation of the FCRA for verifying inaccurate information with Chexsystems.

***** It is VERY IMPORTANT that you send everything certified mail and make sure you keep copies of everything sent *****


ChexSystems Dispute


Step1.  INITIAL DISPUTE LETTER


Chexsystems has 30 days from the date they sign for the letter to

respond. 


NOTE: If you got your report by requesting a free annual report, then

the law extends the dispute notification period to 45 days. 



After getting your letter they must:


1) Confirm that they contacted someone to verify the information. 

-The disputed information then stays in your report. 



2) Confirm that they could not verify the information. 

-The information is deleted from your report. 

-You receive an updated report (minus the disputed info). 


Step2.  NO RESPONSE TO DISPUTE LETTER

-You Send a Demand for Removal letter because they did not respond. 

-No response means they did not confirm.  Therefore, the information

must be removed. 


**3.  DISPUTED INFORMATION NOT DELETED

-You send a Procedural Request letter.  If they say they confirmed the

information, the law gives you the right to then verify how they

confirmed.  They must send the Address, and Telephone Number of the

individual or business they contacted within 15 days, so that you can

confirm it. 


**4.  LEGAL ACTION

-Before pursuing legal action, you have to build a "case".  You should

be able to prove there was an error, you notified them, - but they did

not correct it.  You want to also show their failure to remedy the

situation has harmed you financially (unable to open an account,

etc.). 


-If you applied for an account and were declined based on the

information that provides additional documentation.  Fines are

outlined in the Fair Credit Reporting Act.  Most state law conforms to

the FCRA, but there may be a state law where you live that outlines

specific remedies. 

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Sample Letters for Chexsystems Disputes

To Whom It May Concern:

I was recently informed of negative information reported by [Name of Bank] included in the file ChexSystems maintains under my Social Security number. Upon ordering a copy of the report, I found an entry from this bank listing a [negative item listed] in [month and year of listing].

I am unaware of ever having a [item] from this [bank/Credit Union].

Please validate this information with [Name of Bank] and provide me with copies of any documentation associated with this "[item]" bearing my signature. In the absence of any such documentation, I ask that this information be immediately deleted from the record you maintain under my Social Security number and provide an updated report.

For your reference, my personal information is as follows:

SSN: XXX-XX-XXXX
Your Address

Sincerely,

Your Signature
Your Printed Name

date


If there is no response in 30 day period mail the following: 

To Whom It May Concern:

In a letter dated [date of first letter], I requested that you correct the following information in my ChexSystems report:

To date, I have not received confirmation that you have done so. As thirty (30) days have now passed, this letter is my formal demand to be removed from the ChexSystems database. Please note that your failure to do so violates the Fair Credit Reporting Act.

Please immediately send confirmation of the deletion to the address below. If I do not hear from you within ten (10) business days, I am prepared to take legal action to remedy the situation.

Thank you for your prompt attention to this matter.

For your reference, my personal information is as follows:

SSN: XXX-XX-XXXX
Your Address

Sincerely,

Your Signature
Your Printed Name

Cc: [Attorney’s name, if you have one]

Enc.: [Any enclosures necessary to include]

date


If you receive a letter stating the report is valid and accurate, send the following: 

To Whom It May Concern:

I am writing in response to your claim that [Name of Bank] has confirmed my unpaid debt. Please note that you have again failed to provide me a copy of the evidence submitted to you by this [bank/credit union].

I request that you provide me a description of the procedure you used to determine the accuracy and completeness of the bank's information. Please send this information to me within fifteen (15) days of the completion of your reinvestigation. In addition, please provide the name, address, and telephone number of each person you contacted at [Name of Bank] regarding my alleged account.

I also request a copy of any documents submitted to you by [Name of Bank] that bear my signature and show that I have a legally binding contractual obligation to pay them.

Be aware that this is my final goodwill attempt to have this matter resolved. As it now stands, the information you have presented to me is inaccurate and incomplete and represents a serious error in your reporting.

It is my understanding that your continued failure to comply with federal regulations can be investigated by the Federal Trade Commission (see 15 USC Section 41). For this reason, I am maintaining a careful record of my communications with you should I need to file a complaint with the FTC and the Attorney General's office.

If you do not respond within ten (10) business days, I am prepared to take legal action against your company for causes of action including, but not limited to, defamation, fraud, and violations under the Fair Credit Reporting Act.

For your reference, my personal information is as follows:

SSN: XXX-XX-XXXX
Your Address

Sincerely,

Your Signature
Your Printed Name

Cc: [Attorney’s name, if you have one]

Enc.: [Any enclosures necessary to include]

date

Did you file a recent bankruptcy?

Additional Information

Did you file a ch.7/13?


If you have had a bankruptcy ChexSystems might remove you.


Chexsystems does have a department that deal with those that have filed a bankruptcy 


The direct number to the BK department. It is (800) 934-5458.  You need to simply fax over the document you received when you filed (you don't have to wait for discharge papers).  It shows the date of filing, the case number, the trustee and judge, etc


The fax number is

602-659-2197

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