MBNA America Bank NA
Wilmington, DE 19884
Date: Jan 3, 2005
Re: Acct #XXXXXXXXXXX
To Whom It May Concern:
I recently pulled my credit report from Experian and TransUnion and to my amazement, saw that you recently have decided to report me 30 days late on this account in Nov 2003. I have previous credit reports from both agencies pulled in Oct of 2004, and neither one of these reports show me late in Nov 2003. Not only was I never late on this account, but according to the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings. I never received such a notice.
§ FCRA 623 (a) (7) Negative Information
(A) Notice to Consumer Required
(i) In general. If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 603(p) furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.
(ii) Notice effective for subsequent submissions. After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 603(p) with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.
(B) Time of Notice
(i) In general. The notice required under subparagraph (A) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 603(p).
(ii) Coordination with new account disclosures. If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 127(a) of the Truth in Lending Act.
I contacted your company and talked to a supervisor (David H – direct line 918 841 0712), who was unable to find any evidence of my late payment on file. He promised to send me a payment history of my account. I never received such documentation. The results of my Experian dispute and my TransUnion dispute have just come in, and both say “verified”. How is this possible? You weren’t able to provide me with anything. Reporting inaccurate information is also a violation of the FCRA.
In addition, I have had the interest rate on my other credit cards raised due to your error which has caused me additional interest costs, plus I have spent lost work hours trying to straighten this out with the credit bureaus. The FCRA allows for damages of $1000 per violation, and I consider this three violations, two for never notifying me and one for reporting inaccurately.
Please correct this listing to “paid as agreed – never late”, and remove the 30-day late for Nov 2003, or I will be forced to seek legal action.
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