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  #1 (permalink)  
Old 04-30-2007, 02:34 PM
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Join Date: Apr 2007
Posts: 6
Default Check Systems-dispute/small claims court

I have recently been placed on Check Systems: Based on some research I found the below.

Does this sound like it could actually work?
Has anyone had experience with the below?
Any recommendations/referrals/advice would be greatly appreciated

Summary
Here are 3 common ways to catch banks (that use ChexSystems) in violation of the law:

1) Dispute the debt with the ChexSystems reporting bank via certified mail, return receipt requested. If they fail to respond to your dispute within 30 days, they are in violation of Section 809 of the FDCPA.

2) The bank verifies your debt as valid with a Consumer Reporting Agency (ChexSystems) without being able to validate the debt with you as per FDCPA § 809, which is a violation of the FCRA § 611.

3) The bank does not notify any such said Consumer Reporting Agency (ChexSystems) that the consumer is disputing the debt, which is a violation of the FCRA § 623(a)(3) and the FDCPA § 807(8).

# 3 usually most common violation If you dispute your debt, the bank/ collection agency required by law to report your debt as disputed If you get your ChexSystems report 30 days after the bank/collection agency receives your dispute letter, see if is listed as disputed. If not, they are in violation of the FCRA You can then file a claim in Small Claims Court 99% of the time, they will immediately delete the listing in your ChexSystems file in exchange for you dropping the lawsuit. Even if they show up you are suing for FCRA/FDCPA violation which you will have proof of. You are not going to court to try to prove that the debt isn't yours.
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  #2 (permalink)  
Old 04-30-2007, 07:09 PM
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Join Date: Nov 2006
Posts: 456
Default

Quote:
Originally Posted by alexch900 View Post
I have recently been placed on Check Systems: Based on some research I found the below.

Does this sound like it could actually work?
Has anyone had experience with the below?
Any recommendations/referrals/advice would be greatly appreciated

Summary
Here are 3 common ways to catch banks (that use ChexSystems) in violation of the law:

1) Dispute the debt with the ChexSystems reporting bank via certified mail, return receipt requested. If they fail to respond to your dispute within 30 days, they are in violation of Section 809 of the FDCPA.

2) The bank verifies your debt as valid with a Consumer Reporting Agency (ChexSystems) without being able to validate the debt with you as per FDCPA § 809, which is a violation of the FCRA § 611.

3) The bank does not notify any such said Consumer Reporting Agency (ChexSystems) that the consumer is disputing the debt, which is a violation of the FCRA § 623(a)(3) and the FDCPA § 807(8).

# 3 usually most common violation If you dispute your debt, the bank/ collection agency required by law to report your debt as disputed If you get your ChexSystems report 30 days after the bank/collection agency receives your dispute letter, see if is listed as disputed. If not, they are in violation of the FCRA You can then file a claim in Small Claims Court 99% of the time, they will immediately delete the listing in your ChexSystems file in exchange for you dropping the lawsuit. Even if they show up you are suing for FCRA/FDCPA violation which you will have proof of. You are not going to court to try to prove that the debt isn't yours.
Not quite sure what your question is here. ChexSystems is governed by the exact same federal financial lending laws as any other credit reporting company. All are bound by the same laws you've quoted..all disputes must be placed in writing, usually via registered mail, and after 30 days, the disputes must be clearly flagged. The same holds true with the 3 major credit reporting agencies (Transunion, Equifax and Beacon) that companies such as ChexSystems draws their credit information from to generate their credit report.
In answer to what I believe you're asking, the statutes that you've mentioned above do not apply only to this particular credit company (primarily used by banking institutions,) they apply to any other credit company you would apply to. That is the law. ANYTIME you're denied credit or have a credit report run, carefully check the information. If you disagree with any posted information, you have every right to file disputes exactly as you've described above. Your best bet, however, is not to only rely on the private company (such as ChexSystems,) but to go directly to TransUnion, Equifax and/or Beacon and dispute that information as soon as possible.
Is that a part of what you're referring to? (My experience has been with several hundred other private credit reporting companies; not specifically with that particular one, i.e. ChexSystems.)
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  #3 (permalink)  
Old 05-01-2007, 09:27 AM
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Join Date: Apr 2007
Posts: 6
Default

TheJury'sStillOut,

thank you very much for your input. I wanted to post what I had found, to see if anyone here has had success or experience with attempting to get someone off of chexsystems. It sounds like it could work; I guess i was also looking for confimation that this is a route worth pursuing. Again, thank you very much for your input.
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  #4 (permalink)  
Old 05-01-2007, 01:18 PM
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Join Date: Nov 2006
Posts: 1,411
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Default

Quote:
Originally Posted by alexch900 View Post
TheJury'sStillOut,

thank you very much for your input. I wanted to post what I had found, to see if anyone here has had success or experience with attempting to get someone off of chexsystems. It sounds like it could work; I guess i was also looking for confimation that this is a route worth pursuing. Again, thank you very much for your input.
Silly question for me to ask. Wouldn't it be simpler to pay your dishonored check?
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  #5 (permalink)  
Old 05-01-2007, 01:25 PM
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Join Date: Apr 2007
Posts: 6
Default

Sure, I am going to pay what is owed; however, even when paid in full the negative remains for 5 years.

That is why I posted my situation and hoped that I could receive input from members who specialize in this area. Thanks for the post.
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  #6 (permalink)  
Old 05-01-2007, 07:15 PM
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Join Date: Nov 2006
Posts: 456
Default

Quote:
Originally Posted by alexch900 View Post
TheJury'sStillOut,

thank you very much for your input. I wanted to post what I had found, to see if anyone here has had success or experience with attempting to get someone off of chexsystems. It sounds like it could work; I guess i was also looking for confimation that this is a route worth pursuing. Again, thank you very much for your input.
Don't assume paying alone will clear everything up. You always have the option of taking it a step further. If you can't get the dispute cleared, you can request in writing to have the adverse information removed after you come to terms with the creditor.(Not all creditors will necessarily agree, but be persistent.) Request that all 3 repositories be notified; also forward the deletion yourself. The information will then be removed from your credit history. Note that this is ONLY in the event a judgement or other public record (i.e. bankruptcy, for examples) has NOT been filed. Once it escalates to public record, it can't be deleted, but will follow you for up to 7-10 years, depending on your state...and as other less "credit-savvy" consumers will attest, that will end up costing you in the future. Again, good luck.

Last edited by TheJury'sStillOut : 05-01-2007 at 07:19 PM.
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  #7 (permalink)  
Old 05-02-2007, 09:29 AM
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Join Date: Apr 2007
Posts: 6
Default

TheJury'sStillOut,

thanks for the input, I really appreciate it. Everyone on this forum has been extremely helpful.
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  #8 (permalink)  
Old 05-03-2007, 07:27 PM
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Join Date: Nov 2006
Posts: 456
Default

Quote:
Originally Posted by alexch900 View Post
TheJury'sStillOut,

thanks for the input, I really appreciate it. Everyone on this forum has been extremely helpful.
Just be persistent. You're welcome.
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