How To Write Bureau Dispute Letters - Part 1

You can have success with your credit repair by just disputing items with the credit bureaus.  Though that is what many credit repair companies use for their services, I personally believe to eliminate the alleged debts, you need to demand validation from both creditors and collectors in addition to disputing with credit bureaus.  When you are repairing your credit, even if you don't want to do validation letters, you absolutely must dispute with the credit bureaus.

I get quite a bit of emails from people who are not sure how to dispute with bureaus and need help with what to say, how many items can you dispute at a time, whether or not you should dispute each item individually, and a number of other questions relating to bureau disputes.  I'm going to try to answer most of them here and give you examples of how to dispute the different types of items. I'm breaking this up into 2 posts because it will be quite lengthy if I do it in just 1.

Let's start with the first part of disputing with credit bureaus.

I want to suggest to you when you start working on your credit, that you do a couple things prior to the actual account disputing. First, Opt Out from all 3 bureaus. What this means is that you do not want them selling your information for marketing purposes.  You can do it by phone or in writing or online.  

By Phone:

(888) 567-8688 - This will opt you out for 5 years.

Online:

http://www.optoutprescreen.com – you can opt out for 5 years or permanently. If you want to permanently opt out, you will need to mail in a form they provide on the site.

By mail:

You must contact each of the bureaus separately to opt out by mail.

Experian

Opt Out

PO Box 919

Allen, TX 75013

TransUnion

Name Removal Option

PO Box 505

Woodlyn, PA 19094

Equifax

Options

PO Box 740213

Atlanta, GA 30374

The next thing you should do is to look through each of your credit reports and note every name variation that is not correct, any addresses that are old and tied to something negative, and any phone numbers, employment or other personal information that is old, not correct or that you just don't need any collectors getting hold of.  Dispute each of these things with the credit bureaus.

A typical dispute for personal information is as follows:

"You are reporting names that are not me.  I have never used them, they are not aliases, they are flat out not me and don't belong on my credit report.  Remove these names please."  Then list the names that don't belong to you.

"You are reporting addresses on my credit report that I don't live at, don't belong to me, and I don't recognize. You obviously have someone else's address information on my credit report and because it's inaccurate you must remove them immediately."

Keep doing this with each personal information item that you want removed. Usually they remove them pretty quickly.  They might fight back on the addresses if they are tied to public record information, so you might need to go after them several times.  Experian is the worst for removing addresses, so just be aware of that.

At the same time you are disputing your personal information, if you have any public record information, you need to write to the court and/or county recorder and ask them if they furnish information to the credit bureaus or if they verify with them either.  You will want to tell them that you are only inquiring about what they do, and that you are not interested in the dispute process or being given some information from some court website about how long public records stay on your credit.  Just tell me does your court actually furnish or verify any information with credit reporting agencies,  You will need to include a self addressed stamped envelope with your inquiry so that they will send you the response as quickly as possible.  I actually have a letter and form that I am willing to share that is sent to the court clerk and county clerk that says what I just wrote above.  You'll need to email me for that.

So, we will get to the actual account disputing with credit bureaus on the next post,  If you have any public records that you will be attempting to remove, please email me for the court clerk and county recorder letters.  Also mention the FTC Staff Opinion Letter as that will be instrumental in removing public records as well and you'll need it when you start your disputing of those items.

My email address is up above on the right hand side, but here it is for those who can't see it on their phones.  futurefico@gmail.com

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Removing 3rd Party Collections From Your Credit Report

The most common negative credit that I see on credit reports are "collection" accounts.  If you have them, you are part of the majority.  There are a number of reasons to get them off of your credit. First, they're bad.  Who wants bad stuff on their credit report?  But here's a few other reasons: 

• They lower your FICO score
• If you pay them, they are still bad
• If you don't pay them and try to get a mortgage, you will have to pay them
• If you refinance your house, escrow will take part of the money and pay them
• Your interest rates on new credit, auto loans, house loans, refi's, etc. will be higher
• And the most important one in my opinion -- YOU DON"T OWE THEM ANYTHING!!

One of the problems with collections is if they can't collect from you, they leave bad and negative information on your credit report, but then they sell it to another collection company and the harassment and negative reporting on your credit report starts again.  They ding your credit with non-permissible pull inquiries, then they go and claim you have an outstanding debt with them and drop your FICO score some more.  Some will even sue you.  You need to get them OFF!

It starts with Validation.  If and when you receive a letter from a collection agency, you need to respond right away.  Write a letter to them, preferably within 30 days, disputing the alleged debt.  Tell them you are not asking them to Verify (as in name, address, etc.) being correct. You are challenging the validity of the alleged debt and they need to send proof that you owe them.  Send your letter to them certified mail with return receipt.  It costs you about $5 - $6 bucks but its worth it.

If you did not receive a letter from the collection agency and you found out about it because you saw it on your credit report, when you write the letter, tell them that you have received a recent copy of your credit report and were stunned to find out that they have put false information on it.  Then you follow through with demanding validation and that you're not requesting verification.  The credit report should have their contact information on it - mailing address, not phone number.  You NEVER want to talk to them on the phone.  They are trained to intimidate, pressure you, get money out of you, get you to admit something, any and everything they can, and intend to and usually do, control the conversation.  You do NOT want this scenario.  Stay off the phone and keep all communications in writing.

After you get the green card back from your certified letter, now you can dispute with the credit bureaus.  Collectors are not allowed to verify with credit bureaus until they provide validation.  Remember, validation means proof, real proof that you owe them.  Proof is not some bill or computer generated statement with your name and their account number on it.  Proof is an actual contract between you and them, that you actually signed and they actually signed.  It is documentation of monies given to you with an accounting of every cent used, every cent paid, every bit of interest applied, and the date any of those events occurred.  

They may claim you had an original account with some other party and they have been assigned the right to collect it.  They need proof of everything about that as well. They need the original contract between you and the original creditor with your true signature and a qualified employee of that original creditor, they need the full accounting, they need to provide proof of the assignment or the purchase they made from the original creditor.  

I really need to make a comment here about original creditor information requested from a 3rd party collector.  I mainly ask for it just to force them to do some work.  Personally, I don't give a rip if they can provide it or not.  If not, they go away a bit faster, but since they are not on the original contract you allegedly signed with the original creditor, they have nothing and you owe nothing.  3rd party collectors are NOT ON ORIGINAL CREDITOR CONTRACTS!  Therefore, you OWE THEM NOTHING, NADA, ZERO, ZIP, ZILCH!

Remember this and quote this when they try to claim they have rights to collect:
The right of subrogation does not exist for a stranger to the transaction.  73 AmJur 2nd, Section 90.  

Now I will explain this in common, easy to understand language. "Subrogation" means to substitute. "Does not exist" means is not allowed. "Stranger to the transaction" means someone or some entity not on the original contract.  So, here we go again in easy to understand wording:
There is no right to substitute someone or some entity that was not on an original contract. It is not allowed. 
 Now, this includes attempts to collect based on assignment, sale/purchase, or trade.  See?  The collector cannot substitute himself to collect money because he believes he was assigned the task or he purchased the bad debt, or traded some bad debt for a different bad debt.

Now, in order to get the bad or negative credit off your credit report, you have to dispute with the bureaus.  I generally don't recommend saying "its not mine" because you want to save that one for a last resort and if you do, they'll usually put fraud alerts on and want you to provide some identity theft stuff to them.  However, you can say it in a way that gets the same message across.  You can say, "I have never done business with this company and I have no idea who this company is."  You can almost always find plenty of other errors in the way they report as well.  They usually say you have late payments or your date of last activity was prior to the account being open.  An account has to be open before you can be late on it -- common sense there! Challenge dates, challenge amounts, challenge the account number, but only challenge 1 error at a time.  If you keep challenging the same thing or things with every dispute, they will send you the dreaded "frivolous" letter and refuse to re-investigate. 

If the collection company obeys the law, they will not verify with the credit bureaus because they haven't provided validation.  That is the best possible scenario.  It happens many times.  But, there are also many times that they just ignore the law and verify again.  You will need to send follow up letters to the collectors and follow up letters (repeated disputes) to the bureaus if they don't come off right away.  Don't expect them to come right off, right away because they are all scum.  Expect to fight. Expect to have to wear them down. But, be pleasantly surprised and proud of yourself for fighting back when they do come off.  Its a wonderful feeling and a beautiful sight!

If there is more information you need me to delve into on this subject, please leave me a comment below.  I will get it and I will respond.  I may even write a whole new post addressing your questions or different situations you need help with.  If someone posts a comment and you have a similar question, please add your comment too.  I want to be able to help as many people as I can.

If you are tired of dealing with these liars, thieves, scum sucking, extortionists called 3rd party collectors and debt buyers and are tired of the back and forth fight you have to stay on top of, I would love to assist you in the fight.  My partner and I have been at this successfully for 50 years combined.   I love the fight and am passionate about helping others get rid of the bad credit that is holding them back.  I get tons of emails about how my assistance has helped people get jobs, buy homes, cars, and start over.  I would love the opportunity to help you too!

If you have found this blog helpful to you, please consider donating as a sign of your appreciation for information I have freely given to you.  The "Donate" button is on the right side bar.  Thank you for your generosity.

If The Credit Bureau Verifies Your Bad Credit Dispute

If you've been working on repairing your credit, it is highly likely that when you get your reports back from the credit bureaus, you will see, or have seen, that they have verified one or several of the disputed negative items. This is actually a common occurrence in the process. There is a simple explanation for this, though, it's not a delightful reason.
 
When you make your dispute, you may explain in detail why the item should be removed from your credit report. The FCRA demands that the bureaus verify the accuracy of what you are disputing with the provider of that information. However, they don't call them or send a copy of your letter, or even electronically question the provider with the same specifics that you presented in your dispute. Instead, they electronically reduce your dispute down to a general 2 digit code that represents the "category" of your dispute. There are no details included, just the code.
 
So, they send this code electronically to the provider of the information, who then has to reply to the bureaus with a code back agreeing that the information was not accurate or they use a code to say, "yep, we verify that our information is correct". The credit bureaus have 30 days to get back to you to inform you of the results of their "investigation". Doesn't really sound like an investigation though, does it?

Now, you have rights under the FCRA to demand from them proof of the investigation and their method of verification. You can request the name of the person they spoke to, their title, and their contact information. What they will then send you is a basic form letter saying that they electronically verified, and that's all they are going to do for you. So, you will have to demand again that they provide the method of verification, but this time, you must do it correctly. Better yet, do it right the first time, when they send the form letter, send the demand again with an intent to sue letter.
 
You are probably wondering how to do this the right way. The way I do it is, I include the definition of verification from Black's Law dictionary in the letter. I include the law from the FCRA that gives me the right to receive their method of verification. I also include case law for each of the bureaus that the courts shot them down for verification that does not meet the standards of the FCRA. I also include an intent to sue for willful non-compliance with the FCRA.

If you have contacted the original creditor regarding the account you are disputing, get the contact name and information of the person that you talked to. If they do not have the information, ask them to put it in writing and send it to you. Once they have sold it to a collection company, 99% of the time, they do not have the information on the alleged account. 

Send a copy of this letter to the bureaus along with your demand for method of validation and intent to sue letters. They are not going to contact them because they don't have time for that. Most likely, at this point, they will remove the negative credit from your report. If not, you should follow through with either a complaint to the attorney general of your state, the better business bureau, and/or sue them in small claims court. You could actually, if the damages add up enough, sue them in Federal Court, because the FCRA is a federal law and they violated it!

One more thing, just because they reduce your dispute down to a 2 digit code, don't skimp on your dispute.  This is going to be proof that they have not even attempted to verify your dispute accurately.  Usually the code they use is so general and it does not come close to expressing the information you gave them. This can be used against them.

Myths and Bad Advice Regarding Credit Repair - Part 2

Credit bureaus, as stated before, are in the business of making money. So they don't always tell the whole truth about information that is on your reports, especially negative information, and whether or not it can be removed.

First myth. The tradeline has to stay on your credit for 7 to 10 years. This is false. There is no law that says information has to be there at all.

Second myth. You can't remove accurate negative tradelines. This is tricky, but more false than true. This is because of the word "accurate" in that statement. The truth is that more than likely, though most of what is reported may be "accurate", it can be removed because the law says it has to be 100% accurate. It is very, very rare that it is 100% accurate. Little mistakes like the type of account it is can make it not completely correct. Maybe the amount is off by a few dollars. Maybe the date is not exactly right. It doesn't matter. If it's not a charge off, and being reported as one, then it is not 100% correct. If it is a bankruptcy and the amount is $0, well why the heck would you need to file bankruptcy if the amount was $0. That's a very common mistake.

Third myth. You can't remove personal information from your report. This is false. If it's not exactly right, maybe the street name is misspelled or the numbers or correct apartment is not there, or missing, it's inaccurate. Dispute it. Just remember 100% accuracy is required by law.

Fourth myth. They verify the accuracy with the submitting party as required by law. Nope, false again! They verify, but it is not done the way the law says is sufficient. They verify electronically using codes. The info submitter sends a code back saying it is accurate or not. Well, the courts have upheld against all 3 major bureaus - TransUnion, Experian, and Equifax, that electronically verifying is not thorough enough. It's case law. Black's Law Dictionary sums up verification as being Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition. This means that the actual person verifying the information as accurate must have first hand knowledge (they don't) willing to state under oath in a court of law, that they know as fact that every bit of information regarding the disputed tradeline is correct. You are the only one who knows first hand everything about the account. Do you think whoever punched in the code back to the bureaus would be able to accurately and honestly testify under oath that the information they have supplied to the bureaus is 100% true? No! They can't and won't, and if forced to, would commit perjury!

Fifth myth. Information removed from your credit report can be re-inserted at a later date. This is true. It sucks, I know. But there is a catch. The law says that if they are going to re-insert something on your credit report, they have to notify you in writing within 5 days. Now, go back to the fourth myth. Supposedly they have verified the information, it just took longer than the 30 days the law gives them. Have they really confirmed the information with someone willing to testify under oath that they have first hand knowledge that what they have just verified is accurate? NOOOOO! If they re-insert and do not notify you, they have violated the law, nothing new. However, that violation is worth $1000 to you. That is the fine that will be imposed on them should you follow through and take them to court. Then, they will have to pay you AND remove the tradeline. Not bad!

Last myth for today. Writing a 100 word statement regarding a negative tradeline is good to do. False. I don't do this because you are kind of admitting that you had an account with whoever. If you don't accept it as being yours, it's easier to dispute. Sure lender's may read it, but it's still a "he said/she said" situation. The tradeline with or without a statement affects your credit score. If it's negative, it's better to keep trying to get it removed than resign yourself to adding a statement. Always remember that like in a court of law, the burden of proof lies on the company or entity that submitted the information. By law, they are supposed to remove what they can't prove.

It is hard to get some of this stuff off. This is because they all think they are above the law. It's "catch me if you can" with them. You need to demand from the bureaus that they give you the name, title and all contact information for the person that verified the information. The law says that if you demand that information from the bureaus they have to supply it to you. But what do they do? They send you a letter stating that they verified electronically. That doesn't meet the burden of proof as required by law. It's a crappy game. So, sometimes, you will have to drag their butts to court. If you prepare and document consistently and take it to court, you can end up getting a monetary judgement against them and have the tradeline removed. Many people have been successful with this. It's not easy, it's not quick, but it does work.

Here's a couple tips for you on your credit repair journey. Dispute with the collectors first - before disputing with the credit bureaus. Always dispute CMRR. Then, when you get the "green card" back saying that the letter was delivered, dispute with the bureaus. This is because the law says when you dispute with the creditor/collector, they have to stop all collection activity until they have validated the debt with you. Verifying with bureaus is considered collection activity. So, if they obey the law, the bureaus will not get a response and will have to remove it.

If you are trying to remove a bankruptcy, don't go after it first. The first steps in that is to dispute and remove the tradelines that are negative that have any association with the bankruptcy. They are not going to remove a bk when there are tradelines stating that it was included in a bk.

Remember also, collectors that report do not have the entire file regarding any account. They buy in bulk and get whatever the creditor forwards to them. They do not have first hand knowledge. They are not a party to the original contract, so they are a voluntary payee and just paid off your account for you at a settled amount. You don't owe them a dime! They took a gamble, stand firm and make them eat their losses!