Requesting an Investigation from an Original Creditor

You can write the Original Creditor to dispute a listing. When you do so, you are asking for an INVESTIGATION, not verification. Per the law, the Original Creditor is not required to "verify" an account. Which is why you want to ask them for an "investigation" into the late reporting.

The most powerful tool for credit repair for you to use is the ability for you to dispute negative listings with the information furnisher, typically the Original Creditor. An information furnisher is any entity reporting information to the credit bureaus about you. This one was passed in the FACT Act in 2003.

However before disputing with the original creditor, you MUST HAVE DISPUTED WITH THE CREDIT BUREAUS first. If the Original Creditor fails to comply with your dispute, they are in violation of the FCRA, but you can't sue them unless you have disputed with the Credit Bureaus FIRST.

So, after you have disputed this with the credit bureaus and they come back and say "item verified", you can then send this letter directly to the Original Creditor asking for an "investigation" into the negative information.


Date

Your Name
Your Address

Original Creditor
Creditor's Address

Re: Acct#'s XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

I recently pulled my credit report from the credit bureaus and saw that you recently have decided to report me late (name dates) and on one account, Account # and charged off. You even report a balance.

I disputed this information with the credit bureaus and the results came back verified. I am appalled. I am requesting that you perform an investigation and item verify immediately.

Under the FACTA laws, you are required to conduct an investigation upon request.

FCRA 623 (a) ( 8 ) Ability of Consumer to Dispute Information Directly with Furnisher

(E) Duty of person after receiving notice of dispute. After receiving a notice of dispute from a consumer pursuant to subparagraph (D), the person that provided the information in dispute to a consumer reporting agency shall--

(i) conduct an investigation with respect to the disputed information;
(ii) review all relevant information provided by the consumer with the notice;
(iii) complete such person's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611(a)(1) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and
(iv) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.


Your Name

 

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