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The Debt Resisters’ Operations Manual

Appendix B: Sample Letters to Consumer Reporting Agencies for Checking Accounts

All five sample letters have been modified from those made available on ChexSystems Victims. See Chapter One for information about consumer reporting agencies for checking accounts.

ChexSystems/TeleCheck Letters:

1. Initial dispute

2. Demand for removal to reporting agency

3. Procedural request

Financial Institution Letters:

4. Demand for removal to financial institution (abuse/fraud)

5. Demand for removal to financial institution (non-sufficient funds)

 

Send your letters to the address of the appropriate agency:

ChexSystems Consumer Relations

7805 Hudson Road

Suite 100

Woodbury, MN 55125

 

TeleCheck Services, Inc.

Attention: Consumer Resolutions-FA

P.O. Box 4514

Houston, TX 77210


1. Initial Dispute 

[Your name]

[Your address]

[ChexSystems or TeleCheck address]

[Date]

RE: Consumer ID # [Your Consumer ID #]

Consumer Relations Dept.:

I have recently been informed that there is negative information reported by [name of bank] in the file [ChexSystems/TeleCheck] maintains under my Social Security number. Upon ordering a copy of the report, I see an entry from this bank listing a “[condition, e.g., NSF, overdraft, account abuse]” in [month] [year].

I am unaware of ever having a “[same condition]” from this bank. Please validate this information with [name of bank] and provide me with copies of any documentation associated with this “[same condition]” bearing my signature. In the absence of any such documentation, I ask that this information be immediately deleted from the file you maintain under my Social Security number.

You have 30 days to verify this information and to provide me with a document bearing my original signature. If you cannot, I am demanding removal under the Fair Credit Reporting Act.

This report is severely restricting my banking abilities.

My contact information is as follows:

[Your name, not signed]

[Social Security number]

[Address]

Cc: [Lawyer’s name]

 

Sincerely,

[Your name, signed]

 

2. Demand for Removal to Reporting Agency 

[Your name]

[Your address]

[ChexSystems or TeleCheck address]

[Date]

RE: Consumer ID # [Your Consumer ID #]

Consumer Relations Dept.:

This letter is in response to your recent claim that [name of bank] has verified this account to be mine. Yet again, you have failed to provide me with a copy of any viable evidence submitted by [name of bank]. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested, to be provided within fifteen (15) days of the completion of your reinvestigation.

Additionally, please provide the name, address, and telephone number of each person contacted at [name of bank] regarding this alleged account. I am formally requesting a copy of any documents provided by [name of bank]. If [name of bank] does not validate the debt, it is a violation of the FCRA [611 [15 U.S.C. § 1681i] a 6 B iii:

“a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available.”

The listed item is entirely inaccurate and incomplete, and represents a very serious error in your reporting.

Failure to comply with federal regulations by credit reporting agencies is investigated by the Federal Trade Commission (see 15 U.S.C. § 41). I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the State Attorney General’s office, should you continue in your noncompliance.

My contact information is as follows:

[Same as sample letter #1]

 

3. Procedural Request 

[Your name]

[Your address]

[ChexSystems or TeleCheck address]

[Date]

RE: Consumer ID # [Your Consumer ID #]

Consumer Relations Dept.:

As I have not heard back from you in over [15/30/45] days regarding my notice of dispute dated [date letter was sent], I must presume that no proof in fact exists.

You are currently in violation of the Fair Credit Reporting Act.

Your failure to respond, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you are reporting my name and Social Security number in error, and that this matter is permanently closed. Remove me from your records immediately.

Failure to respond within 30 days of receipt of this certified letter will result in a small claims action against your company. I will be seeking a minimum of $5,000 in damages for:

  • Defamation
  • Negligent enablement of identity fraud
  • Violation of the Fair Credit Reporting Act

For the purposes of 15 U.S.C. § 1692 et seq., this notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

My contact information is as follows:

[Same as sample letter #1]


4. Demand for Removal to Financial Institution (Abuse/Fraud) 

[Your name]

[Your address]

[Name and address of original bank]

[Date]

RE: Acct # [Your account #]

To whom it may concern:

This is a formal notice of dispute regarding information that [name of bank] sent to [ChexSystems/TeleCheck], a consumer reporting agency.

The following false information was sent to [ChexSystems/TeleCheck]:

[List the information the way it is shown in the report]

This information was disputed with [ChexSystems/TeleCheck] on [date]; however, [Name of bank] verified the information as accurate. This falsely reported information damages my financial reputation and should be removed immediately.

[Name of bank] reported [account abuse/suspected fraud/fraud] when in fact, no [abuse/fraud] took place. There was no illegal activity on the account.

[Only include these two sentences if no money is owed to the reporting bank]: [Name of bank] did not experience any financial loss and no money is owed on this account. There was no violation of the account agreement that governed the account.

Under my rights under the Fair and Accurate Credit Transactions Act, I am asking for an investigation of this reported information, and removal of the false information reported to [ChexSystems/TeleCheck].

 

Sincerely,

[Your name]

cc: [Bank branch where account was opened]

 

5. Demand for Removal to Financial Institution (Non-Sufficient Funds)

[Your name]

[Your address]

[Name and address of original bank]

[Date]

RE: Acct # [Your account #]

To whom it may concern:

This letter is regarding account # [xxxx-xxx], which you claim [condition, e.g., “I owe $100.00”]. This is a formal notice that your claim is disputed.

I am requesting validation, made pursuant to the Fair Debt Collection Practices Act. Please note that I am requesting “validation”; that is, competent evidence bearing my signature, showing that I have, or ever had, some contractual obligation to pay you.

Please also be aware that any negative mark found on my credit reports, including [ChexSystems/TeleCheck], from your company or any company that you represent for a debt that I do not owe is a violation of the Fair Credit Reporting Act. Therefore if you cannot validate the debt, you must request that all credit reporting agencies delete the entry.

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

Failure to respond within 30 days of receipt of this certified letter will result in legal action against your company. I will be seeking a minimum of $5,000 in damages for:

  • Defamation
  • Negligent enablement of identity fraud
  • Violation of the Fair Credit Reporting Act

For the purposes of 15 U.S.C. § 1692 et seq., this notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

My contact information is as follows:

[Same as sample letter #1]