
04-30-2007, 07:09 PM
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Senior Member
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Join Date: Nov 2006
Posts: 456
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Quote:
Originally Posted by alexch900
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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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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