(MOV) Dispute Steps

Even though Credit reporting agencies have a legal responsibility to comply with the Fair Credit Reporting Act, most often they will violate the provisions of the FCRA due the fact that most disputes are processed through automated systems. The standard dispute process has been automated by the credit bureaus through various electronic methods, the most common being escar, which is a centrali!ed dispute communication tool. Additionally, the credit bureaus are re"uired to provide the method of verification that includes the name, address, and telephone number of the data furnisher if re"uested by a consumer, but as previously stated, this rarely ever happens. Credit reporting agency employees and automated systems have a limited number of generic, standard responses, and if your dispute does not fit in one of these categories, the credit reporting agency employee or automated system will respond with the closest possible category. This then creates a violation of the consumer#s rights under the Fair Credit Reporting Act. $hen you utili!e the %&ethod of 'erification( re"uest, it can prove to be a very useful tool in your credit repair process. This re"uest is designed to force the credit reporting agencies to detail their investigation. )eeing as how most investigations are automated, re"uesting a & ' will often alert the credit reporting agencies that they have a smart consumer to deal with. *o bac+ over the Terms and Codes document and review all the terms and codes that the credit reporting agencies use for disputes from consumers, and then use these sample letters as a guide to writing your demand for information on the method of verification used. Remember, this method is only used after you have received dispute results from the credit bureaus in which they did not remove the derogatory information and used responses such as %verified( and,or %new information below.(

Step 1 Sample Letter

-ame Address City,)tate,.ip Code /ate RE0 Re"uest to provide &ethod of 'erification To $hom 1t &ay Concern0 1 am concerned about the validity and accuracy of your recent investigation of 21nsert disputed account information3 that is reporting on my credit report. n 21nsert riginal /ispute /ate3 1 re"uested an investigation because 1 felt the item is not being reported legally, and on 21nsert

/ate of Response3 1 received a letter stating that your investigation was complete. 4lease e5plain to me how you conducted your investigation6 7. 4lease e5plain to me what your representatives uncovered to lead them to believe that you are reporting this item as it legally should be reported. 8. $hat certified documents were reviewed to conclude your investigation9 :. 4lease provide me a complete copy of all of the information that was transmitted to the data furnisher as part of the investigation. ;. $hat did it cost your company to obtain the documents needed to complete your investigation9 <. 4lease provide proof of your timely procurement of certified documents. =. /id you spea+ directly to any agent of the company that was reporting the information to confirm the accuracy of what you are reporting9 >. 1f you reply yes to the above then0 ? $ho did you spea+ with9 ? $hat was the date9 ? @ow long was the conversation9 ? $hat was their position9 ? $hat number did you call9 ? $hat is the name of your employee that spo+e directly to the above party9 ? $hat is the position of your employee that spo+e to the above party9 ? @ow long has that individual been employed by your company9 ? $hat type of training was provided to this employee in order to investigate items of this +ind9 ? $ere there any e-mails or written communications between employees of your company and the above party9 A. 1f so, please provide copies of all correspondence and copies of any and all conclusive documentation to prove that you have in fact conducted a reasonable investigation of the accountBsC in "uestion. D. 4lease provide the date of the commencement of delin"uency. 7E. 4lease provide the )4EC1F1C date reporting of this item will cease. Enclosed with your response to the above "uestions, 1 respectfully re"uest a notari!ed affidavit confirming the information that is provided is true and correct as per my civil rights granted under several federal laws. This information should not come as a form letter response. &y initial dispute was detailed and directly related to the accountBsC in "uestion. A template response will not be an acceptable response. 1f you can not supply AFF of the above information in a timely manner as detailed in several laws, including but not limited to the Fair Credit Reporting Act, 1 must immediately demand the permanent removal of this item from my credit report. This erroneous entry is detrimental to my overall credit rating and has caused me severe financial and emotional distress. 1f you choose not to provide the above re"uested deletion or re"uested,re"uired documentation of your investigation, 1 will pursue the enforcements of my constitutional rights via federal court proceedings. As you are well aware this information will come out through my formal discovery process, and necessary depositions. 1 have recently

studied constitutional consumer protection laws along with civil,federal court procedures. 1 will represent myself pro se# and will formally re"uest a Gury trial. 2*overn yourself accordingly3, 1ntelligent Consumer

Even after this letter is sent to the credit reporting agencies, they rarely ever meet the re"uirements of a reasonable investigation. The methods that they employ simply transmit incomplete information to the company that is improperly reporting the account,data in the first place. )end out the ne5t letter as a follow-up to the generic,standard letter response or nonresponse the credit reporting agencies have sent you regarding your first & ' re"uest.

Step 2 Sample Letter

-ame Address City,)tate,.ip Code /ate RE0 4rocedure Re"uest - T1CE F 1-TE-T T F1FE C &4FA1-T To $hom 1t &ay Concern0 This letter shall serve as formal notice of my intent to file a complaint with the FTC, due to your blatant and obGectionable disregard of the law. Hou claim to have somehow verified erroneous informationI therefore, 1 legally re"uested a description of the procedures used to verify this information. As indicated by the attached copy of the letter and mailing receipt, on 21nsert /ate on Receipt3 you received and accepted through registered mail my procedural re"uest letter dated 21nsert /ate of Hour Fetter3. To date you have not responded to this re"uest and have thus not done your duty as mandated by law. Federal law re"uires you to respond within 7< days, yet you have failed to respond and it has been over :E days. Failure to comply with these federal regulations by credit reporting agencies is investigated by the Federal Trade Commission Bsee 7< J)C ;7, et se".C. 1 am maintaining careful record of my communications with you on this matterI for the purpose of filing a complaint with the FTC should you continue in your non-compliance. For the record, the following information is being erroneously included on my credit report.

2Fist all company nameBsC and account numberBsC3 Hou claimed to have verified the erroneous information, yet you refuse to tell me @ $ you were able to do so. 1f you do not immediately remove this inaccurate and,or incomplete information, 1 will file a formal complaint with the FTC. As 1 stated, 1 am carefully documenting these events, including the lac+ of response REKJ1RE/ under federal law from you. Any further delay is ine5cusable. 4atiently Awaiting Hour Response, -ame ))-

After you have sent out both of these letters and you are still not receiving a favorable response from the credit reporting companies, then an intent-to-sue should be sent out. Along with that intent-to-sue, you should file complaints with the Federal Trade Commission, Federal Reserve Loard, and the Letter Lusiness Lureau. @ere is a e5ample of a letter you can send out to the credit reporting agencies after you have submitted your intent-to-sue0

Step 3 Sample Letter

Credit Reporting Agency Address City,)tate,.ip Code To $hom 1t &ay Concern0 Enclosed is a copy of the lawsuit that 1 filed against you in 2Hour County3 court on 21nsert /ate3. Currently the 4retrial Conference is scheduled for 21nsert /ate3 at 21nsert Time3 in courtroom M 21nsert M3. The case number is 21nsert Case M3. The reason the lawsuit was filed was due to a completely inade"uate response from your company. $hen someone is the victim of identity theft, it is simply a nightmare trying to get false information removed from a credit file. 1 have contacted all of the false creditors listed on my credit report. 1 have challenged all of the false listings on my credit file, and nothing is ever done to fi5 this situation. ver DE days ago 1 wrote each of the creditors in "uestion and demanded proof that 1 am their customer. 1 as+ed for proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. )o far none of them have been able to provide said proof to me. 1 have sent follow-up letters to each of them and there is still no proof. 1 have attempted phone contact, but 1 simply get transferred around and nothing ever gets accomplished. 1 have fully investigated my rights in this matter. Jnder the doctrine of estoppel by silence, Engelhardt vs. *ravens B& C 8A7 )$ >7<, >7D, 1 may presume that no proof of the alleged debt,

nor therefore any such debt, in fact e5ists. 1 have copies of the certified letters and dates prepared to bring to court on 21nset /ate3. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence. Jnder the Fair Credit Reporting Act, if they can not verify the debt within :E days, then it must be removed. Hour letters to me claim to have %verified( the debt, but this is in fact not true under law. )imply contacting the alleged creditor and as+ing them to match up numbers in their database is no sufficient verification for identity theft. f course the information matches upI someone clearly used my information without my authori!ation. -ow 1 am suing 21nsert Credit Lureau3 for being such a pain in the posterior to me. 1 have provided more than sufficient evidence to get these false accounts removed. Hou may contact me before 21nsert 4retrial Conference /ate3 at 21nsert a 4hone -umber3 or at my address listed at the top of this letter. This matter can be settled simply by your agreement to remove the false information from my credit report. 1 re"uire a response, on point, in writing, hand signed, and in a timely manner. 1f 1 get another pointless letter from you saying that it has already been %verified( then there will be no more opportunity for negotiation. This will proceed in court until 1 have successfully proven to a Gudge that this false information must be removed from my credit report. 1 will also be aggressively pursuing the full Gudgment that 1 can get against 21nsert Credit Lureau3 for violation of the Fair Credit Reporting Act and defamation. 1 have already won a similar lawsuit against 21nsert Credit Lureau3. Enclosed is a copy of that settlement. 1 will agree to a similar settlement with 21nsert Credit Lureau3 if you contact me before 21nsert 4retrial Conference /ate3. 1f you accept the same terms as 21nsert Credit Lureau3 did, then 1 will dismiss my lawsuit against 21nsert Credit Lureau3 and you will not need to appear in 21nsert County and )tate3. The items that need to be removed from my credit report are listed as follows0 2Fist accountBsC and accountBsC numberBsC3 1 loo+ forward to your response. )incerely, 2Hour -ame3

This process is very detailed and lengthy, but it definitely will produce some results. 1t does re"uire e5tensive actions on your part, as far as filing a lawsuit against a maGor corporation with your local Gudicial system, but the results are what ma+e it worth doing. *oing through this process always you your financial freedom and even peace of mind, so do not hesitate to ta+e this road if necessary.