Inaccurate Credit Reporting

[dspii]

In an attempt to get my credit reports corrected, I disputed several trade lines that were reporting incorrectly. All but one are reporting correctly $0 balances and IIB. Sears has my credit reports showing my account was a charged-off, thereby destroying my credit even worse than it was with a BK. I disputed this twice with the credit bureaus and it is still messed up.

So......the following is the letter I am sending to Sears, via certified mail. If they do not delete the account from the credit bureaus, I will enact my rights under FCRA § 623 (b) and file suit against them....I could use an extra $1000.

Before you ask, the information is NOT correct, I was current the day I filed and it was not charged-off.

I'll update the progress of this dispute.....

Sears/CBSD
PO Box 6241
Sioux Falls, SD 57117

October 24, 2010

Re: Request for Investigation

DSPII
XXXX Cool Street
Way Cool, OH XXXXX

Account Number – XXXX XXXX XXXX XXXX

To whom it may concern:

I have recently obtained my credit reports from Equifax, Experian and TransUnion. It shows the above account with your company was charged-off. I disputed this incorrect information two times with each credit bureau and each time the report came back as verified and investigated by you while it continues to be reported incorrectly.

I hereby invoke my right under FCRA § 623 (a)(8), to request the proof of your investigation that was supplied to the credit bureaus that the above referenced account information is accurate, complete and the account was charged off prior to August XX, 20XX, the date of filing Chapter 7 Bankruptcy.

Enclosed, please find a copy of the Meeting of the Creditors Notice that shows my Bankruptcy Filing Date and my Discharge Notice. Your debt was included and discharged in bankruptcy. This incorrect information you supplied to the credit bureaus is a violation of the FCRA and the Automatic Stay of Relief by reporting account events after the Automatic Stay of Relief was executed.

I hereby request that you please delete the account from Equifax, Experian and TransUnion credit bureaus. My account with Citibank/Sears was current and not in default the day I filed for bankruptcy.

Please provide me with the results of your investigation and delete the account from the credit bureaus as soon as possible. Your immediate attention to this matter is greatly appreciated.

Sincerely,

[tobee43]

your a better person than me....i would send it to the reporting agency NOT the creditor....they are the ones that need to investigate...and have 30 days to do it.

and if NOT, i call them and MAKE them remove it as far as the law states.....

[backtoschool]

I think the letter is great, but you may not get them to delete the account. They do not have to delete the account, they only have to fix the charge off notation to IIB. Granted, since they already misreported, they should delete the account, but often they will just fix the notation.

If it works, let us know. I have a barclayscard that keeps reporting as currently charged off and I have to dispute it, and then they fix it only to re-report it as currently charged off a couple of months later. I would love to get that fixed once and for all.

[dspii]

your a better person than me....i would send it to the reporting agency NOT the creditor....they are the ones that need to investigate...and have 30 days to do it.

and if NOT, i call them and MAKE them remove it as far as the law states.....

I did report and dispute with the credit bureaus twice, their investigation with Sears reports as a charge-off. This way if Sears does not fix, I can sue them in poor mans court as a violation of FCRA § 623. This is the last chance letter for them to make it right before I file a suit....prove it or delete it...I already gave them 2 chances to make it right.

We'll see...and I'll report back what happens.

[tobee43]

I did report and dispute with the credit bureaus twice, their investigation with Sears reports as a charge-off. This way if Sears does not fix, I can sue them in poor mans court as a violation of FCRA § 623. This is the last chance letter for them to make it right before I file a suit....prove it or delete it...I already gave them 2 chances to make it right.

We'll see...and I'll report back what happens.

really...??? even after you provided the reporting agency with the bk info??? ..i actually think that this is a borderline violation of the ftc...really.

[dspii]

The whole process of keeping your credit reports corrected is time consuming and energy wasting, but unfortunately a requirement to do most anything these days. Like BK isn't bad enough, now I have to tell a multi-billion dollar company how to do their job.....

[tobee43]

The whole process of keeping your credit reports corrected is time consuming and energy wasting, but unfortunately a requirement to do most anything these days. Like BK isn't bad enough, now I have to tell a multi-billion dollar company how to do their job.....

isn't THAT the truth!!! they should be paying US!

[mijd]

The whole process of keeping your credit reports corrected is time consuming and energy wasting, but unfortunately a requirement to do most anything these days. Like BK isn't bad enough, now I have to tell a multi-billion dollar company how to do their job.....

Ah yes Citibank/Sears, you can't tell them to do their job correctly as you have "x" amount of employees doing their own thing and NOT following corporate rules or policy. You can call any number of CRs in the same department doing the same job and you will get as many different answers to one question.
When it comes to Citibank/Sears everything has to be in writing. I found out the hard way. Good luck

[tobee43]

the Federal trade commission and fair credit act is supposed to protect consumers against false or incorrect information.

while i know it's frustrating and time consumer you really need to contact them and file a complaint.

the reporting agencies have X amount of time which is normally 30 days to review your complaint....if as you say it's the creditor reporting incorrect information the same applies...

it doesn't hurt if all else fail so file a complaint....it might even help them remove the correct information.

i would report both the agency and sears...if you proved to the reporting agency that the debt was, in fact, including and discharged on your bk...you have then supplied them with sufficient proofs to back your position.

if they continue to side with the creditor as you have suggested, then they, the reporting agency are in violation of the credit report act.

best of luck, i know these things can take time and energy we'd all like to spend elsewhere.

[buffy]

Please keep us updated. I am considering taking Transunion and creditors to small claims court over charge-off versus included in bankruptcy that they keep reporting as correct.