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Chexsystems Solutions

A Member of Consumers  Info USA








Obviously since the absolute best outcome is to have your name completely removed from ChexSystems; this section has tips, advice, and suggestions to accomplish that.

It should go without saying that everybody’s individual situation and circumstances will be different. For some people using the information presented in this guide, it will be incredibly easy for them to get their name removed from ChexSystems. For others it may take some time, effort and diligence.

Overall depending on the circumstances ChexSystems removal can be a little easier than credit repair. Most banks and financial institutions are very poor record keepers. This makes it very difficult for them to validate account information and provide written proof that the account you are questioning belongs to you. Use that your advantage.

As said before in this guide… ChexSystems is subject to the same federal laws as the credit bureau. The FCRA (Fair Credit Reporting Act), and the FDCPA (Fair Debt Collection Practices Act).


What does this mean to you?

FIRST: You are entitled by law to challenge any and all items on your report.
 
SECOND: The burden of proof rests on the bureaus to prove the information is right. 
NOT for you to prove to them it is wrong
 
THIRD The bureaus have only 30 days to prove their case.
 
FOURTH If they cannot prove that an item is NOT untrue, inaccurate, Or misleading they are required to 
delete the negative item. 

They are the ones who has to prove that the information it true… the information is accurate… 
and the way it is reported is not misleading. If they are unable to do this, the information must
be deleted! Or at the very least (in the case of misleading) it must be corrected. 

These four simple yet powerful requirements has been the source for thousands of people 
to have negative information deleted from Equifax, Experian, Trans Union… and ChexSystems.
It is estimated that as many as 75 to 85 percent of all credit reports from the main 
three credit bureaus contain credit reporting errors.  It’s a sure bet that the inaccuracy rates
for ChexSystems is also very high.

Because of these laws, you can legally dispute any item on your ChexSystems Report that you believe to be inaccurate and/or incomplete information. Once your dispute has been received, then an investigation must be conducted. The results of the investigation must reach you in a reasonable amount of time (generally believed to be 30 days).


You can request an investigation and re-investigation at anytime.

 Here is a summary of your rights: 

The Federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA). Most CRA’s are credit bureaus that gather and sell information about you (such as if you pay your bills on time or have filed bankruptcy) to creditors, employers, landlords, and other businesses. You can find the complete text of the FCRA, 15 U.S.C. §§1681-1681, at the Federal Trade Commission's Web site www.ftc.gov

The FCRA gives you specific rights, as outlined below.You may have additional rights


under state law. You may contact a state or local consumer protection agency
or a state attorney general to learn those rights.

Access to your file is limited. A CRA may provide information about you only to people with a need recognized by the FCRA-usually to consider an application with a creditor, insurer, employer, landlord, or other business.

Your consent is required for reports that are provided to employers, or reports that contain medical information. A CRA may not give out information about you to your employer, or prospective employer, without your written consent. A CRA may not report medical information about you to creditors, insurers, or employers without your permission.

You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud.

Otherwise, a CRA may charge you a fee of up to nine dollars ($9).

You must be told if information in your report has been used against you. Anyone who uses information from a CRA to take action against you-such as denying an application for credit, insurance, or employment-must tell you, and give you the name, address, and phone number of the CRA that provided the consumer report.

You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must reinvestigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs-to which it has provided the data-of any error.) The CRA must give you a written report of the investigation and a copy of the revisions made to your information if the investigation results in any change. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your dispute statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change.

Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your file unless it is outdated (as described later) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source.

You can dispute inaccurate items with the source of the information. If you tell anyone-such as a creditor who reports to a CRA-that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you've notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error.

Outdated information may not be reported. In most cases, a CRA may not report negative information that is more than seven years old; ten years for bankruptcies.

You may choose to exclude your name from CRA lists for unsolicited credit and insurance offers. Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll-free phone number for you to call if you want your name and address removed from future lists. If you call, you shall be kept off the lists for two years. The toll-free number for all of the national CRAs is 1 888 5OPTOUT (1 888 567 8688.) If you request, complete, and return the CRA form provided for this purpose, you shall be taken off the lists indefinitely.

All of these regulations apply to the Credit Bureaus... and to ChexSystems!

You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data, violates the FCRA, you may sue them in state or federal court.

The FCRA gives several different federal agencies authority to enforce the FCRA:

For questions or concerns please contact:

Federal Trade Commission - CRC
600 Pennsylvania Avenue, NW
Washington, DC 20580
1 877 FTC HELP

 


Here are some tips, and suggestions, and real life strategies
that have worked for other people in getting their name removed.

Before you do anything your very first step is to obtain a copy of your actual ChexSystems report, so you can see exactly what’s there and what the banks are looking at.

1) Disputing your ChexSystems report – is the first thing you should try. Just simply disputing what ever is there. Maybe it truly is incorrect! Or maybe it is true… but the huge bureaucracy between both ChexSystems and the bank will fail to respond within 30 days

If there is no reply back to you at all within 30 days, then you send a follow up letter back to them.

Obviously don’t be rude… but firmly let them know this is your second contact, you requested verification of inaccurate information contain their report on you, it is a very serious matter, this has greatly adversely affected your life, you have obtained counseling, you are aware of the FDCPA (Fair Debt Collection Practices Act) and the FCRA (Fair Credit Reporting Act). And you are formally requesting that this information be removed immediately.

This simple thing has, and continues to, work for many people. Remember there are nearly 8 million people reported in ChexSystems. And ChexSystems employs regular human beings who are probably overworked and under paid like any other job in America. It may be easier for them to just simply delete the record!

And the bank who reported you, especially if its one of those huge mega banks, may never respond back.

One thing you should know is these same laws also says that the information can be put right back on your report if that bank ever does respond back even if it is way past the 30 days.

Therefore... once you are notified by ChexSystems you have been removed you want to hurry up and open a checking account... or two.

If your ChexSystems file really is inaccurate… and their investigation proves the information that you have disputed is inaccurate or incomplete, then that information will be removed or updated.

And of course… if the investigation proves that the information you disputed is accurate, and they responded back in a timely manner… then your information will remain on ChexSystems report with any updated information.

You may request a re-investigation if you truly still feel that the results are not accurate.

This time request a validation in writing. This means that you are requesting that the bank, the credit union, or financial institution do more than just check their computer. You want them to provide written proof, contract, or copy of the disputed check with your signature on it. If they cannot provide this information, or if they don’t do it within 30 days then the item must be removed.

Click Here: for sample letters of formats, and wording, that has worked successfully many times in getting peoples names removed from ChexSystems. It has worked for ChexSystems and for the Credit Bureaus!

The first is a dispute letter directly to the bank that is reporting you to ChexSystems. The following three is the sequence of letters that you will send directly to ChexSystems. Be sure to make copies of everything for your records:

2) Identity Theft – This really goes along the same lines as the sample letters presented above. But this in this case you are using identity theft as your argument.

This has become a huge issue all over the country. People everyday are discovering that someone has damaged his or her credit by identity theft. Banks and credit reporting agencies are very sensitive to this issue.

There may be items on your report that are there because someone has stolen personal and private information about you. Now, they are using that information to gain credit and damage yours.

This may have truly happened to you and it is the reason why you are in ChexSystems!

However… we have had quite a number of inquires basically asking what if you know this isn’t the case but claim it anyway as an argument. Well… Clearly that would be totally up to you… your comfort & your conscious level.

We are simply pointing out that due to the heighten awareness it is a very good thing to claim right now.

These are the steps you should follow if you believe you have been a victim of identity theft. We know that people have successfully used this approach after their first attempt (as described above) was unsuccessful.

FIRST: Use the Bank Letter as your guide, addressed and directed specifically to the bank that reported you to ChexSystems. Reword it accordingly to state, “you have reason to believe” that you have been a victim of identity theft.

SECOND: You should use the ChexSystems letter as your guide, but also reword it accordingly to state, “you have reason to believe” that you have been a victim of identity theft.

THIRD: Download and complete the free government form affidavit that you have been a victim of identity theft:

http://www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf

FOURTH: File a report with your local police department stating “you have reason to believe” you have been a victim of identity theft, listing all of the negative items you wish to dispute on your ChexSystems report, and maybe even your credit report while your at it.

There’s really nothing the Police will (or can) do about identity theft. You just want to get the copy of the police report to send in with your letters.

Then you send everything to ChexSystems, a letter directly to them with the supporting documents – the letter to the bank, the government affidavits you downloaded and completed, and the police report.

Again you send all of this by certified mail, which requires someone to sign for it. Now just imagine for a moment how you would react if you were a employee opening an envelope containing all of these documents.

There is clearly a serious problem with identity theft in this country. It continues to grow year after year. However it remains very difficult to prove… or disprove!

Simply completing the appropriate forms appears very creditable. You appear very serious about the matter… and it usually gets everything you are disputing deleted with little resistance.

Since you are citing identity theft as you bases for dispute, make it clear to them that simply checking the information listed in the computer, or placing a call to the bank, is not enough! You need written documentation from the bank of everything they are claiming, along with copies of the signature on the documents.

Many banks will not be able to locate and provide the documentation.

3) The banks, credit unions, or other financial institution that originally reported you to ChexSystems… can request to have you removed from ChexSystems at any time.

They reported you to ChexSystems and they can request you be removed from ChexSystems If a bank manager tries to tell you anything other than that… like there’s nothing he/she can do…. They are simply lying. They can request your information be removed at anytime!

So if all else fails… trying negotiating a payment in exchange for complete removal from ChexSystems.

If you are able to pay the amount… let the bank know that you will pay it... if they give you a statement on their official letterhead address to ChexSystems, instructing ChexSystems to delete your report from the system upon proof of payment.

Let that bank manager know that you have spoken with ChexSystems and they have told you they will delete the record upon receipt of a letter from the bank.

Get that letter in your hand first. Then make the payment for what ever the agreed to amount was and, of course, get a receipt.

Then you make it as easy as possible for ChexSystems. You should already have your ChexSystems report. You want to write a brief statement to ChexSystems stating that the matter has been resolved between you and the bank and you have a letter from the bank instructing that the report be deleted from their systems.

You want to send by certified mail a copy of your cover letter, the ChexSystems report, and the letter from the bank, and the receipt showing the agreed to amount was paid.

As stated previously... these tactics continue to work everyday for people getting their names removed from ChexSystems.

Depending on the circumstances, for some people ChexSystems removal will be
incredibly easy. For others it will take some effort, time, and a lot of patience.
And there will be those whose particular situation will make them unable to
successfully get their names off ChexSystems. But they still have other options!

Your Options if you are unable
to be removed from ChexSystems

 


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