do acct statements count as debt verification?

[ntnsllc]

Chase is acting very strange! I had sent a dispute to which they replied with a form letter stating they had documented conversations with me in which I verified the account. They wanted me to sign a silly affidavit alleging "fraud" which would allow them to investigate further.

Instead, I sent a 623 dispute letter. They responded with one letter stating they did not have an application on file with my signature and they did not have recordings or transcripts of the "alleged conversations." The next day I got another letter stating they would send me all the acct statements they had. A week later, I got those. All they are is statements...still nothing that verifies it as mine.

So I sent another letter to the CRA's with a copy of the letter from chase stating they could not locate an application. And I was just waiting to hear back from the CRA's. HOWEVER...Chase "verified" again with the CRA's!! I got the exact same form letter again stating they had documented conversations in which I verified the account was mine!

So a few questions:

1. do the acct. statements count as sufficient verification?
2. Can they keep going in this circle legally? Like is it legal for them to keep saying they have all this stuff, then admitting they don't once I request it with a 623 dispute?
3. And finally, will I need to sue them in order to get them to either produce the documentation they claim they have or delete the account? I believe the discovery process would compel Chase to provide documentation, right?

[Lian]

In your direct dispute, what information did you assert as being inaccurate?

Was it that you had no account or debt with them? That is important, because in response to a dispute, they must either verify the accuracy of their reporting or update or delete the disputed information. Their notice of the results of their decision has a 30-day time limit

Forgetting for a minute their second response, by failing to verify the accuracy in their first response, they were required to contact the CRA and update/delete the disputed information in a manner that makes the disputed information accurate, or delete it. They did neither, so their first letter to you demanded their correction of their credit reporting.

Apparently recognizing this, they then shot you a new letter. Did that new letter, aside from the lack of verifying documentation, even assert that they now were able to at least assert its verification as accurate? Was it received within 30-days of your dispute?

Then, when the "verification" was sent a few weeks later, did they specifically state that their earlier lack of verification was being rescinded?

If you really want to play hardball with them, then you can respond to their first notice of decision by telling them that its lack of verification requires reporting of the deletion of the disputed information. Since their multiple communications are apparently contradictory, accept the first one as timely, and use that.

I would not harp on the adequacy of their verification. Response to a direct dispute does not require documentary proof of their finding. Just a clear statement of their finding. Their first finding was no verification could be provided. As you correctly point out, the dispute process is not a legal discovery process, and does not demand legal proofs. As you also correctly stated, if you bring legal action, that affords you of the legal discovery process, and thus any reasonable information relevant to your legal action.

I would start with a simple letter to them stating that their response to your direct dispute under FCRA 623(a)(8) compels them, under the provisions of FCRA 623(a)(8)(E)(iv), to notify each CRA of its deletion.

[ntnsllc]

thanks, that's what I thought.

No, the latest response is an IDENTICAL word for word letter stating they have documented conversations with me in which I verified the account was mine. This cannot be true. I believe this is the standard auto response they are sending when the CRA notifies them of the dispute. Once I had recvd the letter from them stating they did not have an original application for credit I immediately sent a copy of it to the CRA's and opened a new dispute. So then the CRA's notified Chase and they generated this autoresponse letter.

In my 623 dispute letter I disputed that the account was not mine and I had no records of ever opening it. I requested (knowing they don't have to send it) they verify ownership before reporting it any longer and gave them a list of items. On the list of seven items they ONLY sent account statements that were more than three years old. Most of the statements have addresses on them that were not mine as well.

I am going to send a copy of the letter they sent me stating they had no proof that would verify the account was mine. This response was sent within 30 days. I do want to play hardball with them because I'm right and I'm getting very pissed off about all this. I'm trying to buy a home and want this thing off my credit before I apply.