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Basically the three main credit bureaus give the creditor the benefit of the doubt
that they are reporting accurate information. The problem with this method of
reporting is that ANY CREDITOR can essentially report whatever they want about
you whether it is correct or not. The Federal Government saw a big problem with
this method of reporting so they passed the Fair Credit Reporting Act (FCRA) which
governs all Credit Reporting Agencies and how they report information about you.
Under Federal law, all Credit Reporting Agencies MUST VERIFY ALL
INFORMATION received from creditors BEFORE this information is added to your
credit file.
creditor contract document that you signed when you opened a credit account in
order to verify that the account is valid and correct. But since reviewing millions and
millions of paper documents in this fashion would be extremely difficult and cost a
fortune in man power the Credit Reporting Agencies simply DO NOT verify
accounts in this manner. No verification of original signed contract documents ever
takes place between the creditor and the Credit Reporting Agency. The CRA just
reports the information provided by your creditor and falsely assumes that it is
valid and correct simply because it is being reported. And when asked to VERIFY
the information the CRA will simply send an electronic communication to the
creditor asking is this information correct and the creditor will usually respond yes
this information is correct. The MADNESS is NO ONE EVER ACTUALLY VERIFIES
THE ACTUAL SIGNED CONTRACT ACCOUNT DOCUMENTATION.
Most consumers HAVE NO IDEA that this is taking place. The Credit Reporting
Agencies are in violation of Federal Law and they know it. But since most
consumers do not know their rights - they dont do anything about it.
Until now.
Although well over 70% of credit reports have errors on them, the vast majority of
negative items on a typical credit report are in fact VALID. Therefore, if you simply
dispute all the negatives on your report using a traditional disputing process, those
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that are valid will most likely be verified by the credit reporting agencies and
remain. Nothing will change.
NO HOPE in removing valid derogatory information from their credit report and
essentially give up. But nothing could be further from the truth.
With the Section 609 Attorney Credit Repair Letter, it doesnt matter whether the
negative account is valid or not. This letter works because it disputes the CREDIT
REPORTING AGENCIES RIGHT TO REPORT THE NEGATIVE and NOT
whether the account is valid or not.
The Section 609 &redit Repair Letter simply requests under Federal Law
that the Credit Reporting Agency (Experian, Equifax or TransUnion) provide you a
COPY of the original creditor contract which they (SHOULD HAVE) USED to verify
the account as being valid and correct. The CRAs are required under federal law to
keep this information on file. But since the CRAs DO NOT verify the account
information they DO NOT have this information on file and as a result they
CANNOT provide it to you.
Under the FCRA, Credit Reporting Agencies must provide a copy of the verifiable
original creditor documentation if it is requested by you the consumer. Since they
cannot provide verification to you in the form of a physical contract document per
your written request to do so the account is classified as UNVERIFIED and under
the FCRA all UNVERIFIED accounts MUST BE DELETED. Whether the account is
correct or not makes no difference. If the CRA cannot provide you physical
verification of the account it is an UNVERIFIED account and MUST BE DELETED.
This is WHY and HOW the Section 609 Credit Repair Letter works.
Keep in mind results will vary. You may send a letter and get virtually all of your
derogatory information removed. Or you may send a letter and only get a few
accounts removed. It is important to be diligent and persistent. If after the first
round of letters derogatory information remains then simply send the letter
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again emphasizing that this is your 2nd Written Request to receive verifiable proof
of the account or have it deleted. Eventually, you will find that your derogatory
accounts will begin to disappear. For some people it happens quickly and is quite
easy and for others it can be a fight. So be prepared to go a few rounds of letters if
required.
What to Expect:
When you send in your certified letter to the CRAs many times they will attempt to
disregard your request and send you bogus reply communications. Expect to
receive any number of responses that may try to intimidate you from pursuing the
issue further.
Experian, Equifax or TransUnion may send you a communication saying something
like this:
To further scare you into submission, they may also include something like this:
Suspicious requests are taken seriously and reviewed by security personnel who will
report deceptive activity, including copies of letters deemed as suspicious, to law
enforcement officials and to state or federal regulatory agencies.
DO NOT BE FOOLED BY THIS!!!
These are nothing but scare tactics to intimidate you into giving up.
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If you notice the Section 609 Credit Repair Letter is NOTARIZED and you
must include a copy of your ID and Social Security Card. By providing all of this
information, there is no question whatsoever that YOU are the one making the
written request.
If you do happen to get some resistance from the CRAs dont be alarmed and DO
NOT give up. Just send the letter again and remind them it is your 2nd Request!
Keep sending the letter DEMANDING the CRA either provide the verifiable proof or
DELETE the item. It may take a few letters and determined persistence but all
unverified items must be deleted.
In the extreme case where the CRAs try to ignore your multiple written requests,
you can file a lawsuit and sue the CRA for damages under the Fair Credit Reporting
Act (FCRA) and/or file a formal complaint with the Federal Trade Commission
(www.ftc.gov) for violations of the FCRA. You can file your complaint here:
https://www.ftccomplaintassistant.gov
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Step 3: Notarize Letter & Include Copy of Social Security & ID Card
Once you complete each letter, simply have your signature notarized, include a photocopy of your Social
Security and ID Card (Drivers License or Passport) as proof of identity and mail the letter CERTIFIED MAIL.
(This will enable you to track delivery of your letter and provide proof that it was received by the CRA)
The next step is to watch the mail closely for responses from the CRAs. If you receive a
response and some negative items were not removed AND the CRA DID NOT provide you
written verifiable proof per your written request then send the letter again. RINSE &
REPEAT as they say.
It is recommended that you open (3) file folders one for Equifax, Experian and
TransUnion and keep very detailed records of your communications with each Credit
Reporting Agency. It is important that you establish a paper trail history of your efforts to
enforce your consumer rights under the Fair Credit Reporting Act. DOCUMENT
EVERYTHING IN WRITING. Keep copies of letters, certified mail receipts, response letters,
notes etc.
Over time, you will build a very strong case against the CRA and this evidence will be
invaluable should you ever have to go to the unusual extreme of filing a lawsuit to seek
damages.
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January 1, 2010
John Consumer
Address
City, State Zip
SSN: 000-00-0000 | DOB: 1/1/1970
Credit Bureau Name
Address
City, State, ZIP
According to the Fair Credit Reporting Act, Section 609 (a)(1)(A), you are required by
federal law to verify - through the physical verification of the original signed consumer
contract - any and all accounts you post on a credit report. Otherwise, anyone paying
for your reporting services could fax, mail or email in a fraudulent account.
I demand to see Verifiable Proof (an original Consumer Contract with my Signature
on it) you have on file of the accounts listed below. Your failure to positively verify these
accounts has hurt my ability to obtain credit. Under the FCRA, unverified accounts
must be removed and if you are unable to provide me a copy of verifiable proof, you
must remove the accounts listed below.
I demand the following accounts be verified or removed immediately.
Name of Account
Creditor 1
Creditor 2
Creditor 3
Creditor 4
Creditor 5
Creditor 6
Creditor 7
Creditor 8
Creditor 9
Creditor 10
Creditor 11
Creditor 12
Creditor 13
Creditor 14
Creditor 15
Creditor 16
Creditor 17
Creditor 18
Creditor 19
Creditor 20
Creditor 21
Creditor 22
Account Number
1234567890
etc
Thank You,
{YOUR NAME HERE}
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
Unverified Account
IN WITNESS WHEREOF, the said party has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered in the presence of:
__________________________________
_________________________________
Witness 1 Print:
Signature
__________________________________
Witness 2 Print:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared { YOUR NAME HERE }, who is personally known to me or
who has produced _____________________________________________ as identification and
who executed the foregoing instrument and he/she acknowledged before me that he/she executed
the same.
WITNESS my hand and official seal in the County and State aforesaid this _____ day of
____________________ 2010.
___________________________________
Notary Public
Printed Name:
My commission expires:
COPY OF ID CARD
(Drivers License, Passport or
State ID Card)