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#1685292 - 04/03/12 06:47 PM automated complaint letters???
Trees Offline
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Joined: Apr 2005
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This question is in two parts. First, we have a customer who complains monthly to us and/or the credit bureau that his credit report is/,ay be incorrect. We researched the issue months ago. We are reporting the right info. yet, every month he has gone to the credit bureau to lodge a complaint. We are tired of having to respond to the credit bureau info. We are also tired of writing letters to him saying the same thing. I knw the issue of frivilous complaints came up and that we do not have to deal with them, however, we would like to hear from those of you that have experienced a similar serial complainer. We would like to discontinue having to write letters. We were told, however, that if we did not dispute his comments to the credit bureau, the credit bureau will change his credit report to match what he is saying....

Second part of question: we are seeing letters that appear to be templates. Even the signatures are the same, right down to the space between loops, etc. Nobody writes exactly the same and the text of the letters is a bit weird. they sound like somebody did a cust and paste of letters to come up with their own. Worded strangely to the effect that they aremore than factual. The letters read in such a way that you would feel sorry and/or backed up agaianst a corner and need to defend the bank or similar. Anyone else seeing these??

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General Discussion
#1685419 - 04/03/12 10:08 PM Re: automated complaint letters??? Trees
HappyGilmore Offline
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Pulling people out of the ditc...
And so if the credit bureau changes his report to match what he is saying, how does this impact your bank? Assuming you are reporting factual information, this is showing on the credit report as you reported it, what cause or concern is it of yours if you stop disputing his information? And who "told" you that if you don't dispute they will change it? That is not my experience in dealing with credit bureaus...

Not seen any letters...letters or complaint? to your bank? Regulators? Newspapers? There are often activist groups that are happy to write letters and provide copies to anyone whom they think can help advance their agenda, just look at any comment on proposed banking changes...especially ones related to credit cards.
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#1685529 - 04/04/12 02:28 PM Re: automated complaint letters??? Trees
Trees Offline
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Posts: 4,013
letters to us, as far as we know and are in response to customers that are legitimately late with their payments.

We feel the credit report should reflect accurate information. It is our udnerstanding that the credit bureau will change the report to reflect what the cusotmer says it should reflect, if we don't report back to the credit burea each time.

We are looking into this further.

We wanted to know how other banks were handling someone who consistently disputes the facts when he has been provided ample information that our records are correct. Frankly, we have been patiently writing back each time and we want to discontinue to do so.

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#1685537 - 04/04/12 02:38 PM Re: automated complaint letters??? Trees
John Burnett Offline
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John Burnett
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Cape Cod
The "direct dispute" provisions of CFPB Regulation V section 1022.43(f) don't give you an out, since you must respond even to what you've determined are frivolous disputes.
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#1685557 - 04/04/12 03:00 PM Re: automated complaint letters??? John Burnett
A_G Offline
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Isn't this just a matter of sending this person the same "canned" frivolous dispute letter over and over. Just keep a copy saved somewhere and print as necessary. The only thing that should need to be changed is the date.
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#1685821 - 04/04/12 07:31 PM Re: automated complaint letters??? John Burnett
Rocky P Offline
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Posts: 7,818
Florida
Originally Posted By: John Burnett
The "direct dispute" provisions of CFPB Regulation V section 1022.43(f) don't give you an out, since you must respond even to what you've determined are frivolous disputes.


John, I haven't dealt with this too often but when would the following kick in?

(f) Frivolous or irrelevant disputes. (1) A furnisher is not required to investigate a direct dispute if the furnisher has reasonably determined that the dispute is frivolous or irrelevant. A dispute qualifies as frivolous or irrelevant if:

(i). . .

(ii) The direct dispute is substantially the same as a dispute previously submitted by or on behalf of the consumer, either directly to the furnisher or through a consumer reporting agency, with respect to which the furnisher has already satisfied the applicable requirements of the Act or this section; provided, however, that a direct dispute is not substantially the same as a dispute previously submitted if the dispute includes information listed in paragraph (d) of this section that had not previously been provided to the furnisher; or

(iii) The furnisher is not required to investigate the direct dispute because one or more of the exceptions listed in paragraph (b) of this section applies.

Thanks

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#1685838 - 04/04/12 07:57 PM Re: automated complaint letters??? Rocky P
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SB - you're not required to "investigate" it. You're still required to let the person know that you've determined it to be frivolous or irrelevant.

(2) Notice of determination. Upon making a determination that a dispute is frivolous or irrelevant, the furnisher must notify the consumer of the determination not later than five business days after making the determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the furnisher.
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#1685850 - 04/04/12 08:24 PM Re: automated complaint letters??? Trees
Rocky P Offline
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Florida
Mr. A - thanks. The mind drew a blank after you do not need to investigate a frivolous . . .

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