Correcting Credit Reporting Errors
Under the Fair Credit Reporting Act (FCRA), both the credit reporting agency (CRA) and the organization that provided the information to the CRA, such as a hospital or collection agency, have responsibilities for correcting inaccurate or incomplete information in your credit report. To protect all your rights under the law, contact both the CRA and the creditor.
First, tell the CRA in writing what information you believe is inaccurate. Include copies (NOT originals) of documents that support your position. In addition to providing your complete name and address, your letter should clearly identify each item you dispute in your report. State the facts and explain why you dispute the item and request deletion or correction. You may want to enclose a copy of your report with the items in question circled. Your letter may look something like the sample attached. Send your letter by certified mail, return receipt requested, so you have documentation of what the CRA received. Keep copies of your dispute letter and enclosures.
CRAs must reinvestigate the items in question--usually within 30 days--unless they consider your dispute frivolous. They also must forward all relevant data you provide about the dispute to the creditor. After the creditor 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 creditor finds the disputed information to be inaccurate, it must notify all nationwide CRAs so they can correct this information in your file. Disputed information that cannot be verified must be deleted from your file.
- If your report contains erroneous 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 you're 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 credit 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 creditor verifies its accuracy and completeness and the CRA gives you a written notice that includes the name, address, and phone number of the provider. Also, at your request, the CRA must send notices of corrections to anyone who received your credit report in the past six months.
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.
Second, in addition to writing to the CRA, tell the creditor in writing that you dispute an item. Again, include copies (NOT originals) of documents that support your position. Many providers specify an address for disputes. If the provider then reports the item to any CRA, it must include a notice of your dispute. In addition, if you are correct-that is, if the disputed information is not accurate-the creditor may not use it again.
The three major national credit bureaus are:
- Equifax, P.O. Box 740241, Atlanta, GA 30374-0241; (800) 685-1111.
- Experian (formerly TRW), P.O. Box 2002, Allen, TX 75013; (888) EXPERIAN (397-3742).
- Trans Union, P.O. Box 1000, Chester, PA 19022; (800) 916-8800.
Sample Dispute Letter Word Document [1]
Full Name
Current Address
Current Phone Number
Equifax Credit Information Services (Experian or Trans Union)
P.O. Box 105873
Atlanta, GA 30348
Dear Credit Bureau,
This letter is a formal request to correct inaccurate information contained in my credit file maintained by your organization. The item listed below is completely (Select the appropriate word(s) {inaccurate, incorrect, incomplete, erroneous, misleading, outdated} and insert here} and is a very serious error in reporting.
Line Item: {insert name of creditor, account number or line item number}
Item description: (found on your credit report)
Additionally, I have enclosed a copy of the credit report your organization provided to me on {insert date of report here} and circled the item in dispute.
Under the Federal Fair Credit Reporting Act, credit-reporting agencies are required to maintain and report only 100% accurate credit information and to investigate any claims of inaccuracy within 30 days of receiving such a claim. I respectfully request you investigate my claim.
If after your investigation, you find my claim to be valid and accurate, I request that you immediately {delete, update, correct} the item and supply a corrected credit profile to me and all creditors who have received a copy of my credit profile within the last 6 months. Additionally, please provide me with the name, address, and telephone number of each credit grantor or other subscriber.
If your investigation shows the information to be accurate, I respectfully request that you provide me with proof of the accuracy of the item in question, specifically any contract, note or other instrument bearing my signature. Additionally, within 15 days of the completion of your re-investigation, please forward to me a description of the procedure used to determine the accuracy and completeness of the item in question.
Sincerely,
Signature above name
Printed Name
Cease Communication
Section 805c of the Fair Debt Collection Practices Act states that if a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except:
- To advise the consumer that the debt collectors further efforts are being terminated;
- To notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
- Where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specific remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
The following letter will instruct the collection agency to cease communication.
Sample Cease Communication Letter Word Document [2]
Your Name
Your Mailing Address
Your City/State/Zip
Certified Mail, Return Receipt Requested # (Insert the Certified Mail Receipt Number here)
Insert today's date
Name of collection agent, if available
Name of collection agency
Address of collection agency
City/State/Zip of collection agency
REF: Account # (Insert either the original account number or the collection agency's account reference number here)
Dear (Name of debt collector calling--if available) or Sir or Madam:
You are hereby notified under provisions of Public Laws 95-109 and 99-361, also known as the Fair Debt Collection Practices Act, that your services are no longer desired. You and your organization must CEASE & DESIST all attempts to collect the above debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission and the (Insert your home state here) Attorney General's office. I will pursue all criminal and civil claims against you and your company.
Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any telephone conversations that we may have in the future. Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.
Since it is my policy neither to recognize nor deal with collection agencies, I will settle this account with the original creditor.
Give this matter the attention it deserves!
Regards,
(Sign your name here)
Type your name here
[1] Obtained from http://www.fair-credit-reporting.com/Credit-Reports/initial-dispute-letter.html and is being provided in copy only as a convenience to the users of this website.
[2] Obtained from http://www.benjamindover.com/adiosbottomfeeder.asp and is being provided in copy only as a convenience to the users of this website.
