1. I sent out your letter disputing my Chexsystems Report, and they replied that the information is accurate, and they did so within 30 days. What step do I take next?
Answer: I would immediately request a copy of your latest Chexsystems report. They are required to add a notation to your report that says you have disputed the item, regardless of if they have “verified” it, or shown you “proof”. If they did not add the statement to your report within 30 days, they have violated the law, and you can file a small claims suit against them, and force them to fly to your local area to represent themselves.
If you used certified mail, you can show the timeline. I would also immediately go to a bank and apply for a checking account. If you are denied, you can then show you were potentially hurt (damages) because you were denied an account based on a Chexsystems report that did not indicate you had disputed the record.
2. I sent one of your letters directly to my former bank, and they returned some documents showing I had an account with them, and showing that I had a negative balance. What should I do?
Answer: The bank is required to produce the original document, showing your signature, where you agreed to their terms. Without that, there is no proof that you agreed to whatever small print they have about using Chex systems in the first place.
Also, even if they do have evidence of your signature and more, they are still required by law to tell Chexsystems to mark your report as “disputed by customer”. If they didn’t do that, you can take them to small claims court for violating the Fair Debt Collection Practices Act.
Whether you bounced a check, there was a bank error, or some other unforeseen circumstance, the whole idea here is to make life difficult for Chexsystems and your bank. Enough so that its simply not worth it for them to fight you. For example, why would they pay to send a team of lawyers to your town, if they could just make you go away by removing the negative record they have on you? It costs them nothing to remove your record.
So again, as soon as you catch them violating the laws of the FCRAor FDCPA (as explained in the main post of this website), you need to take action. Go to small claims and file a suit if they have violated your rights. Then wait a few weeks and send them a certified letter, with a copy of the lawsuit, and let them know you are willing to drop the case in exchange for removal.
Obviously I am not a lawyer, and I am not authorized to give legal advice. So if you feel like you need legal advice, consult an attorney if you can afford one. You could either do things yourself with small claims court, or hire a lawyer. It’s up to you.
Rooting for ya,