hsbc (orchard bank)

sarratori · 07-05-2007, 08:00 PM

okay I have disputed this orchard bank card numerous times always comes back verified.....They just verified it again 2 weeks ago with Transunion now i get this letter in the mail:

We have received your recent request concerning the account issued by hsbc.........unfortunately with the information you have provided, we are unable to locate the account in our system. The following information is needed in order for use to process your request to correct your credit bureau report. a copy of your SS# and a detailed explanation of your request along with your signature authorization.

Ummm excuse me but how the can they report and verify something they cant even FIND!!!!!!!!!!!!! What should i do here guys? I sure as heck aint giving them my ss# if they dont have it. Isnt it against the law to report something that they dont have?

roybean · 07-05-2007, 08:27 PM

Did you use a different address or other information when you disputed?

sarratori · 07-05-2007, 08:38 PM

i disputed online so however transunion does it. i just clicked dispute this item and away it went. They have to be doing something wrong if they are reporting this and cant even find the account. This happened as a result of my credit file being merged with 3 other people with the same name and I have gotten most of it cleaned up with the exception of a couple of accounts. Do I have a right to sue for violations for this??

roybean · 07-05-2007, 08:50 PM

First of all, you should always dispute in writing by certified mail return receipt (CMRR)...if you are talking or thinking about an action you need proof in black and white and nothing works better than having that little green card and a letter showing that you followed the proper procedure.

Did you print or save or pdf the screen when you disputed?

Enigma · 07-05-2007, 10:56 PM

You have what is called a mis-merged report. Please do not dispute via the online interface again.

You are required to assist them in conducting an investigation.

Unless you have actual damages, you have not right of action under the FCRA.

In order to preserve your rights, write a detailed letter to the CRA's giving your name, full address, SSN. Explain in great detail that this is a mis-merge (use that term) report.

In order to trigger 623b violations you must first go thru the CRA's, but I would cc the data furnisher.

direred · 07-06-2007, 04:51 AM

As Enigma said: mixed file.

sarratori · 07-06-2007, 10:18 AM

i am taking the letter sending to all cra's and telling them that they better get it off because if HSBC is verifing an account they cant find then it is fraud. If they dont respond to that I bet they will respond to a summons

centex · 07-06-2007, 11:08 AM

I can tell you that the HSBC Executive Resolutions staff in Salinas, CA have been quite helpful...you won't get the address from the CSR's, but it was not difficult to find via search.

sarratori · 07-06-2007, 11:47 AM

the letter asked me to fax the copy of my ss card....i think i wont. i am literally beside myself that they could verify an account they couldnt find.....so i will see if the CRA's will just delete with the copy of the letter i have from them.

centex · 07-06-2007, 12:52 PM

Quote:

Originally Posted by sarratori

the letter asked me to fax the copy of my ss card....i think i wont. i am literally beside myself that they could verify an account they couldnt find.....so i will see if the CRA's will just delete with the copy of the letter i have from them.

I would not expect that the CRA will delete based on that letter. You can justify not faxing the SS Card, but you need to provide the SSN to facilitate the investigation. If you choose not to cooperate with the furnisher, you run the risk of jeopardizing any future litigation of the issue. Any harm that comes from the delay will be argued as having been attributed to your refusal to help mitigate those potential harms.

The real question is how quickly you want to resolve the matter. The information you need is in this thread...

Enigma · 07-06-2007, 02:27 PM

I strongly suggest you read sections 611-623 of the FCRA. As I opined earlier, if you want to do this quickly or if you are going to court, you need to follow the rules.

Your failure to assist the creditor in their investigation can and will be used against you in court.

I personally know of a case where the plaintiff (consumer) disputed online and used the online version of his credit file to bring suit against the furnisher and the CRA.

Counsel for CRA successfully had the case dismissed. Reason - Rules of Evidence and Chain of Custody. Judge agreed with defense counsel that online disputes and copies of credit files were easily tampered with.

roybean · 07-06-2007, 08:55 PM

Quote:

Originally Posted by sarratori

the letter asked me to fax the copy of my ss card....i think i wont. i am literally beside myself that they could verify an account they couldnt find.....so i will see if the CRA's will just delete with the copy of the letter i have from them.

As I said above and others have said as well, why not do this in writing. I don't particularly care for faxing, but I would send the information via certified mail. I have even gone so far as to have my SS card and DL copied and then had the copy notarized stating that I had indeed presented my identification to the notary and they cannot argue with that.