The Secret to Chexsystems.
Provided
by www.FixCredits.com
If
your name has been put into the Chexsystem you may be finding it hard
to
get a checking account or even write a check. Chexsystem is governed by the
Fair
Credit Reporting Act, which allows you to dispute claims against you. You
have
rights! The first place you will want to visit is https://www.consumerdebit.com/consumerinfo/us/en/chexsystems/index.htm#TopOfPage and order a copy of your Chexsystems report. This will allow you to find out what caused you to be placed on their system
and will also give you a Consumer ID number.
The
next step on your journey to checking freedom is to send ChexSystems a
letter
disputing the negative listing. You need to make a copy of the letter for your
files
and send the original letter Certified Mail. This will become a legal
document.
You will want proof when it was sent out because ChexSystems is
required
to contact you in 30 days or delete the listing.
The address is:
ChexSystems
Customer Relations
12005 Ford Road Suite 600
Dallas, TX 75234.
You will need to include on every letter:
· Your name (printed not signed)
· Your complete address
· Your social security number
· Your Consumer ID number (listed on the
chexsystems report)
· Your bank’s name
· The negative listing you are being accused
of and the date it occurred
MAKE
COPIES OF ALL LETTERS AND SEND THEM ALL CERTIFIED MAIL.
Letter 1:
· Inform ChexSystems that you have reviewed
your report and are unaware
of
this negative listing occurring.
· Ask them to validate the information
from the bank and to send copies of
any
documentation they have regarding this listing that bear your
signature.
· Ask to have the information deleted
from the file under your social security
number.
(This
could be your only letter. This maybe enough to have them remove your
name
from the system)
Letter 2:
If
your dispute was verified
· Inform ChexSystems that you wish to
have a description of the procedure
used
to determine that the information they sent you was valid.(Looking at
a
computer screen does not make it valid)
· Also request a listing of the names,
addresses and telephone numbers of
the
people they contacted at your bank.
· Mention to them that you are aware of
Wenger v. Trans Union Corp., No.
95-6445
(C.D.Cal. Nov. 14, 1995).
· You will want to request that the y
respond to your letter in 14 days. If you
are
not contacted in 14 days you will contact the FTC and state (yourstate)
Attorney
General's office.
· You can also file a petition in small
claims court for items such as
Defamation
, Violation of the Fair Credit Reporting Act, and Negligent
Enablement
of Identity Fraud
Letter 3:
If
your letter has not been responded to in 30 days
· Inform Chexsystem that you will file
a petition in small claims court for
Defamation,
Violation of the Fair Credit Reporting Act, and Negligent
Enablement
of Identity Fraud. You can file a petition for $20.00 at your
local
courthouse. Its very easy to do and maybe the only thing you can do
at
this state of the game.
Chexsystem has removed the negative listing
· Save all documentation that your account
has been cleared. Keep this
information
safe. It may happen that ChexSystems has not informed all
banks
or financial institutions. The documentation will not help you at a
point
of sale place but it will with a bank when opening an account.
· As soon as you receive a notice from
ChexS ystems that your account has
been
cleared, open a checking account.
It
is possible that ChexSystems will allow the disputed claim to creep back on to
your
report. You will want to have an account opened by then.
Fair credit reporting laws to arm yourself with
616.
Civil liability for willful noncompliance [15 U.S.C. § 1681n]
(a)
In general. Any person who willfully fails to comply with any requirement
imposed
under this title with respect to any consumer is liable to that consumer in
an
amount equal to the sum of
(1)
(A) any actual damages sustained by the consumer as a result of the failure
or
damages of not less than $100 and not more than $1,000; or
(b)
in the case of liability of a natural person for obtaining a consumer report
under
false pretenses or knowingly without a permissible purpose, actual
damages
sustained by the consumer as a result of the failure or $1,000,
whichever
is greater:
(2)
such amount of punitive damages as the court may allow; and
(3)
in the case of any successful action to enforce any liability under this section,
the
costs of the action together with reasonable attorney's fees as determined by
the
court.
(b)
Civil liability for knowing noncompliance. Any person who obtains a consumer
report
from a consumer reporting agency under false pretenses or knowingly
without
a permissible purpose shall be liable to the consumer reporting agency
for
actual damages sustained by the consumer reporting agency or $1,000,
whichever
is greater.
(c)
Attorney's fees. Upon a finding by the court that an unsuccessful pleading,
motion,
or other paper filed in connection with an action under this section was
filed
in bad faith or for purposes of harassment, the court shall award to the
prevailing
party attorney's fees reasonable in relation to the work expended in
responding
to the pleading, motion, or other paper.
§
617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a)
In general. Any person who is negligent in failing to comply with any
requirement
imposed under this title with respect to any consumer is liable to that
consumer
in an amount equal to the sum of
(1)
any actual damages sustained by the consumer as a result of the failure;
(2)
in the case of any successful action to enforce any liability under this section,
the
costs of the action together with reasonable attorney's fees as determined by
the
court.
(b)
Attorney's fees. On a finding by the court that an unsuccessful pleading,
motion,
or other paper filed in connection with an action under this section was
filed
in bad faith or for purposes of harassment, the court shall award to the
prevailing
party attorney's fees reasonable in relation to the work expended in
responding
to the pleading, motion, or other paper.
