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SAMPLE/DRAFT
CRA Dispute Letter for Debt Repair
Date
Your Name
Your Address
Your City, State, Zip
Complaint Department
Name of Credit Reporting Agency
Address
City, State, Zip
Dear Sir or Madam:
I am writing to dispute the following information in
my file. The items I dispute are also encircled on the
attached copy of the report I received.
This item ( identify item(s) disputed by name of source,
such as creditors or tax court, and identity type of
item, such as credit account, judgement, etc.) is (inaccurate
or incomplete) because (describe what is inaccurate
or incomplete and why). I am requesting that the item
be deleted ( or request another specific change) to
correct the information.
Enclosed are copies of (use this sentence is applicable
and describe any enclosed documentation, such as payment
records, court documents) supporting my position. Please
reinvestigate this (these matter(s) and delete or correct)
the disputed item(s) as soon as possible.
Sincerely,
Your name
Enclosures: (List what you are enclosing)
- CRAs
must reinvestigate the item(s) in question - usually
within 30 days - unless they consider your debt repair dispute
frivolous. They also must forward all relevant data
you provide about the debt repair dispute to the information provider.
After the information provider receives notice of
a dispute from the CRA, it must investigate, review
all relevant information provided by the CRA, and
report the results to the CRA. If the information
provider finds the disputed information to be inaccurate,
it must notify all nationwide CRAs so that they can
correct this information in your file.
- Disputed
information that cannot be verified must be deleted
from your file. If you have unverifiable info on your report, dispute it for debt repair purposes.
- If
your report contains inaccurate information, the
CRA must correct it.
- If
an item is incomplete, the CRA must complete it. For
example, if your file showed that you were late making
payments, but failed to show that you were no longer
delinquent, the CRA must show that your payments are
now current.
- If
your file shows an account that belongs only to another
person, the CRA must delete it.
- When
the reinvestigation is complete, the CRA must give
you the written results and a free copy of your report
if the dispute results in a change. If an item is
changed or removed, the CRA cannot put the disputed
information back in your file unless the information
provider verifies its accuracy and completeness, and
the CRA gives you a written notice of its intent to
reinsert the item that includes the name, address,
and phone number of the provider.
- If
you request, the CRA must send notices of any debt repair dcorrection
to anyone who received your report in the past six
months. You can have a corrected copy of your report
sent to anyone who received a copy during the past
two years for employment purposes. If a reinvestigation
does not resolve your dispute, ask the CRA to include
your statement of the dispute in your file and in
future reports.
- In
addition to writing the CRA, you should tell the creditor
or other information provider in writing that
you dispute an item. Be sure to include copies ( not
originals) of documents that support your position.
Many providers specify an address for disputes. If
the provider continues to report the disputed item
to any CRA after receiving your notice, it must include
a notice that you dispute the item. If you are correct
- that is, if the information is not accurate - the
information provider may not report it again.
Accurate Negative Information
When negative information in your report is accurate,
only the passage of time can assure its debt repair removal. Accurate
negative information generally can stay on your report
for seven years. There are certain exceptions:
- Bankruptcy
information may be reported for 10 years.
- Credit
information reported in response to an application
for a job with a salary of more than $75,000 has no
time limit.
- Information
about criminal convictions has no time limit.
- Credit
information reported because of an application for
more than $150,000 worth of credit or life insurance
has no time limit.
- Default
information concerning U.S. Government insured or
guaranteed student loans can be reported for seven
years after certain guarantor actions.
- Information
about a lawsuit or an unpaid judgement against you
can be reported for seven years or until the statute
of limitations runs out, whichever is longer.
Seven - Year Reporting Period
There is a standard method for calculating the seven-year
reporting period. Generally, the period runs from the
date that the event took place. With regards to any delinquent
account placed for collection - internally or by referral
to a third - party debt collector, whichever is earlier
- charged to profit and loss, or subjected to any similar
action, the seven-year period is calculated from the date
of the delinquency that occurred immediately before the
collection activity, charge to profit and loss, or similar
action. For example, assume that your payments on a loan
were late in January, but that you caught up in February.
You were late again in May, but caught up in July. You
are late again in September, but did not catch up before
the account was turned over to a collection agency in
December. You made no more payments on the account, and
it is charged to profit and loss in July of the following
year.
Under the FCRA, the January and May late payments each
can be reported for seven years. The collection activity
and the charge to profit and loss can be reported for
seven years from the date of the September payment, which
was the delinquency that occurred immediately before those
activities.
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