Need a letter critiqued

[kcj]

After attempting more than once to get VyStar to report correctly by disputing with the CRA, I went to them directly. Sent the letter with the delete or give me $1000 demand. They update, but still not correctly, and then I get this from their lawyers:

.....When a consumer files a dispute with any of the three credit reporting agencies, that dispute is forwarded to the financial institution electronically. VyStar has received only one dispute notice.... from Experian on August 1, 2006. At that time, your record was reflecting the CH7 BK, ... the record did not reflect the date on which your account was first delinquent (which was October 2005).....
VyStar is aware of your bankruptcy filing on September 1, 2005.....The information regarding the date of first delinquency on your account and the date upon which VyStar internally charged off the loan is correct. After you received your final discharge of your bankruptcy in December 2005, VyStar's next monthly filing (made in January 2006) updated your report to show the bankruptcy discharge....

They go on from there to tell me they are reporting factual information and they are not permitted by the FCRA to withdraw factual information. And that they have verified that the information in my file is correct, so my request for damages is denied.

My thoughts on this:
Thanks, VyStar, for putting in writing that you are reporting incorrectly.
I filed on September 1, they admit that, yet they show my account as delinquent in October?
I have record of 2 updates from TransUnion, but they don't show ever having received a dispute?
How can they charge off my balance in October when I filed in September?
And what does the date of discharge have to do with them updating the account?
I'm going to answer them back; I'll copy the credit union. Should I cc the CRAs and then send all of it to them with a cover letter again disputing? Should I copy the FTC?
And, in Florida can I take this to small claims court?

[kcj]

[Minnymouth]

Nice letter, don't be too drastic as your answering...... just let them know they are WRONG...... and you still disupute the posting...

Believe me, they know more legal terms than you do....

Also, do not post personal information for yourself, attorneys, etc......

Just put an XXXXXXX

Minny

[kcj]

Sorry about that. I thought I had cleaned up the identifying stuff. So much for my proofreading skills.

I am sitting on the letter for a few days. I know I need to tone it down. Can you tell I was typing with a locked jaw? Getting a letter from their lawyers, who should know better than to give me written evidence of their mistakes, just kills me.

[Minnymouth]

Yeah, I can identify with the "tight jaw", for sure.....

Also check out the sample letters and forms in the 3rd section of the forum...... may be something useful there you can use....

Others may have some input for ya......

Yeah, them "lawyers" like to throw the words around..... DUH, I went to school too....... lol........

[FilingOnMyOwn]

Good job. Like Minny said, proofread, 2-3 times even. Once you're done, a nice touch would be to send the letter flat in a manilla envelope, registered & certified mail. Maybe even addressed to a supervisor or manager. That always gets some attention.

[kcj]

With the backup I am sending, I think mailing flat is the only option.
I'm including copies of the pertinent credit report records, as well as my original communication, their letter, and the truecredit screen that shows the TU updates.

[razorguns]

Keep disputing it onlin with the cr. Eventually the lawyers for them will tire of you and stop responding.

r

[kcj]

An update to this: I received a letter yesterday from the lawyers. Took them long enough!

They still don't feel they have done anything wrong. But they reviewed the information I sent them. It seems that the information they get when they pull up my account differs from the information that I was seeing on my credit reports. I'm not sure how that happens, but whatever.

In light of that, they have directed all 3 CRAs to change the record to read the correct BK7 date, current as of filing, and to remove the charge-off notation. They have also put some sort of a stop on the account so that it will no longer be updated when they send their feed. (All of this without admitting any guilt on their part.)

Deletion would have been nice, but I'll be content with accurate reporting. I think the charge-off and late payment notations hurt me more than the BK notation.