Wednesday, November 19, 2008

HOW TO GET OUT OF CHEXSYSTEMS!

HOW TO GET OUT OF CHEXSYSTEMS!

If you’re currently having trouble getting a checking account because you’ve been
reported to ChexSystems, you may have more options than you think.

Basically, a bank can arbitrarily decide to punish you if it suspects you have
"misbehaved" with your checking account. It's called "Chex Systems" and once you
are in this system you cannot have a checking account for five years.

If you don't balance your checkbook and you commit overdrafts, there is a reason
behind the bank's decision. But if you make a mistake or the bank makes a
mistake, there is no recourse.

Say you move and close your account and a check bounces later, there should be
an alternative. But right now there is not. If you get put into Chex Systems, there is no appeals process.

It's highly controversial and consumer advocates have been fighting it for years.
Under recent revisions to the Fair Credit Reporting Act, you can now appeal to Chex
System itself. But the banks can still send you to Chex Systems prison on a whim.

Thankfully, about a dozen states around the country allow you to get out of the
program by taking a course in budgeting and handling finances. You receive a
voucher to go open a checking account once you finish the course.

Go to getchecking.org to see which states offer the class. But if you live in a state
that does not have this "out," appeal to Chex Systems directly.

If you are not in a state that offers Get Checking, you will have to dispute items on
your own.

How to get off ChexSystems

Don't pay a service to send a letter to get removed from ChexSystems. Free
information. Beat ChexSystems! Survive while on ChexSystems! Get a second
chance! Open a non ChexSystems bank account now

Request a copy of your report in by writing directly to ChexSystems at the
following address:

ChexSystems Customer Service
12005 Ford Road, Suite 600
Dallas, TX 75234-7253
Fax: (972) 241-4772
Local (972) 280-8585
ChexSystems toll free phone number
(800) 428-9623 or (800) 513-7125

Visit chexhelp.com and order a copy of your ChexSystems report. This will allow
you to find out what caused you to be placed on their system. This will also give
you a Consumer ID number. If the information on the report is not a true
representation of the facts use the following information to resolve a dispute

Letter 1: Ask them to verify the information

Inform ChexSystems that you have reviewed your report and are unaware of this
negative listing occurring (if you dispute it). Ask them to validate the information
from the bank, and send copies of any documentation they have regarding this
listing that bear your signature, at the same time ask to have the information
deleted from the file under your social security number. (This could be your only
letter.) This maybe enough to have them remove your name from the system.

Keep a copy of the letter for your files and send the original letter Certified Mail
return receipt requested. This will become a legal document. You will want proof
when it was sent out because ChexSystems is required to contact you in 30 days
or delete the listing.

Letter 2: If your dispute was verified yet inaccurate

Inform ChexSystems that you wish to have a description of the procedure used to
determine that the information they sent you was valid. Looking at a computer
screen does not make it valid. Also, request a listing of the names, addresses and
telephone numbers of the people they contacted at the listing bank. There may be
identity fraud involved. Contact the bank and verify the legitimacy of the listing.

I was informed that mentioning to any credit bureau, that you are aware of
Wenger v. Trans Union Corp., No. 95-6445 (C.D.Cal. Nov. 14, 1995) may help.

You will want to request that they respond to your letter in 30 days (may vary by
state). State in your letter, if you are not contacted in 30 days you will contact the

FTC and your state Attorney General's office. This may get some results.
If your letter has been responded to in 30 days and was verified accurate

If you legitimately owe the money, pay it. Some banks will accept people for
checking accounts once the debt has been resolved. If the debt is resolved and
you still can't get a checking account, you may try a small claims action for the
costs of cashing checks and buying money orders. No promises! Ask an attorney or
legal aid society in your state about the specifics in your case before you do!

If your letter has not been responded to within 30 days
Checkout the FTC website for specific information on non complying credit
bureaus. Federal Trade Commission Home

Once ChexSystems has removed the negative listing (s)
As soon as you receive a notice from chexsystems that your account has been
cleared open several checking accounts. It is possible that chexsystems will allow
the disputed claim to creep back on to your report. You will want to have an
account opened by then. Some banks check chexsystems within the first 30 days
of an account being opened. You would not want to take the chance of your
account being closed

If the date of the listing from a credit agency is incorrect
The FTC website just won a Civil Penalty against a collection agency for violation of
the FCRA. Include a copy of this article in your letter to the agency. NCO Group to
Pay Largest FCRA Civil Penalty to Date.
NON CHEXSYSTEMS BANKS
FSNB
www.fsnb.com
(800) 749-4583 ask for new accounts

FSNB is now open to anyone regardless of your location. Take advantage of this
while you can. It may not last.

They DO have online banking/access, however you have to call them and ask for
new accounts. Tell them that you wish to open a checking account. They will send
an application to you.

You will probably get an ATM debit card at first, good at any ATM for cash
withdrawal. After 4 months, you will be eligible for the Visa debit card.

**If you set up DIRECT DEPOSIT, after your second deposit hits, call them up and
ask them to send you a VISA debit card.

Also if you have direct deposit with them, you can get an advance for a $14 fee. It’s
called a temporary overdraft.

*No credit checks
*No applications

They give you an advance, up the lowest of your last 2 deposits for a $14 fee.
USAA FEDERAL SAVINGS BANK
www.usaa.com

USAA uses Tele check not Chex Systems.
Anyone can get an account with USAA. This is an internet bank. You do not have to
be in the military to get an account with USAA. Simply call them and tell them you
need a membership number to get a checking account. If you can give them the
initial deposit of $50 over the phone using a credit card, they will have your account up and running in 2 days. Some have been known to get their checks and Visa
debit cards in under a week!

They also send you postage paid envelopes for deposits. There are cash back
rebates made on all purchases made as a credit card purchase.

SAMPLE CHEXSYSTEMS DISPUTE OF ANY NON-ACCURATE ITEM

Note: Be sure to enclose photocopies of any and all evidence that can help support your dispute.
DO NOT send any original documents, photocopies only.
Your full name
Your address
City, State Zip Code
Date
Your social security number
ChexSystems

Customer Relations
12005 Ford Road Suite 600
Dallas, TX 75234
Dear ChexSystems:

I have received a copy of my ChexSystems report, and I am writing to notify you that the following information is incorrect:

Bank Name
Date
[Indicate: wrong amount, wrong date, this is not your credit line, you do not have a credit listing with this bank, this account was paid off, the dates are wrong, or other reasons you would like this listing verified.]

[Itemize: each correction using the same format]
Based on this, please delete this information and send written confirmation that you have done so to the address above.

Thank you for your assistance.

Sincerely,

Your full name signed here

Your printed full name here

SAMPLE CHEXSYSTEMS DISPUTE FOR 30-DAY TIME EXPIRED

Note: Be sure to enclose photocopies of any and all evidence that can help support your dispute, such as the registered letter confirmation receipt from your first letter. DO I\JOT send any original documents, photocopies only.

Your full name
Your address
City, State Zip Code
Date
Your social security number

ChexSystems
Customer Relations
12005 Ford Road Suite 600
Dallas, TX 75234
Dear ChexSystems:

In a letter dated [Insert: date of first letter], I requested that you correct the following information
in my ChexSystems report:

[List: errors indicated in first letter]
To date, I have not received confirmation that you have done so.
As 30 days have now passed, this letter is my formal demand to be removed from the ChexSystems database. Please note that your failure to do so violates the Fair Credit Reporting Act.

Please immediately send confirmation of the deletion to the address above.
If I do not hear from you within ten business days, I am prepared to take legal action to remedy the situation.

Thank you for your assistance.

Sincerely,

Your full name signed here

Your printed full name here

SAMPLE CHEXSYSTEMS 1S-DAY METHOD OF VERIFICATION REQUEST
Note: Be sure to enclose photocopies of any and all evidence that can help support your dispute, such as the registered letter confirmation receipt from your first letter. DO NOT send any original documents, photocopies only.

Your full name
Your address
City, State Zip Code

ChexSystems
Customer Relations
12005 Ford Road Suite 600
Dallas, TX 75234
Date

RE: Consumer 10 # [your consumer 10 # here]

Dear Consumer Relations Dept.:

I am writing in response to your claim that [Name of Bank] has confirmed my unpaid debt. Please note that you have again failed to provide me a copy of the evidence submitted to you by this bank.

I request that you provide me a description of the procedure you used to determine the accuracy and completeness of the bank's information. Please send this information to me within fifteen (15) days of the completion of your reinvestigation. In addition, please provide the name, address, and telephone number of each person you contacted at [Name of Bank] regarding my alleged account.

I also request a copy of any documents submitted to you by [Name of Bank] which bear my signature and show that I have a legally binding contractual obligation to pay them.

Be aware that this is my final goodwill attempt to have this matter resolved. As it now stands, the information you have presented to me is inaccurate and incomplete and represents a serious error in your reporting.

It is my understanding that your continued failure to comply with federal regulations can be investigated by the Federal Trade Commission (see 15 USC Section 41). For this reason, I am maintaining a careful record of my communications with you should I need to file a complaint with the FTC and the state of [your state] Attorney General's office.

If you do not respond within 10 business days, I am prepared to take legal action against your company for causes of action including, but not limited to, defamation, fraud and violations under the Fair Credit Reporting Act.

Sincerely,

Your Name (printed or typed, not signed)

Your social security number
SAMPLE DISPUTE TO THE
FURNISHER OF INFORMATION

Instructions: Complete and mail this form by certified letter to the bank that has reported you to ChexSystems.

Note: Be sure to enclose photocopies of any and all evidence that can help support your dispute, such as the registered letter confirmation receipt from Form 1. DO NOT send any original documents, photocopies only.

Your full name
Your address
City, State Zip Code
Name and Address of original bank
Date

RE: Acct # [insert your account number here]

To Whom It May Concern:

I am writing regarding the unpaid debt on account # [insert your account number here], which I dispute.

According to the Fair Debt Collection Practices Act, I am requesting "validation," or competent evidence that bears my signature and shows I have some contractual obligation to pay you. Please be aware that any negative mark on my credit report (which includes ChexSystems credit report) for a debt I don't owe is in violation of the Fair Credit Reporting Act (FCRA).

Therefore, if you cannot validate the debt, you must request that all credit reporting agencies delete the entry. In addition, until I have received and reviewed any evidence you provide me, I ask that you take no action that might damage my credit reports.

If the debt described above has been resolved, I ask that you remove, or have removed, any derogatory marks from my credit reports per the FCRA and send me confirmation that you have done so.

Please note that if you fail to respond within 30 days of receipt of this certified letter, I am prepared to take legal action against your company for causes of action including, but not limited to, defamation, fraud and violations under the Fair Credit Reporting Act.

By sending this letter, I am disputing both the validity of the alleged debt and the validity of your claims. This is my attempt to correct your records. Please be aware that any information I receive from you will be collected as evidence should any further action be necessary.

Best regards,

Your full name signed here

Your printed full name here

32 comments:

Irene_J said...

ChexSystems takes at least 3 years even if you pay your balance unless you will write to them. However the quickest way to open a checking account is to open a SECURED credit card. This means you go to a bank that offers a secure credit card.

Thomas Vargo said...
This comment has been removed by the author.
Thomas Vargo said...

Some people get unfairly victimized by the chexsystems for accounts that have been closed because of a bank fee, etc. But, don't worry too much because here is a list of banks http://www.badcreditmd.com/second-chance-checking-account/ that accepts chexsystems people, It has at least ten banks across the country listed. Some even offer a Visa check card and checks!

Bad Credit said...

There are now many banks and credit unions located nationwide that are offering both "Fresh Start" and Second Chance Checking Accounts. On particular website called "InfoAviator" at http://infoaviator.org/finance/checking-accounts/2014/05/28/how-to-open-a-second-chance-checking/ has a complete recent list of these banks and credit unions offering checking programs that helps Chexsystems victims.

Don Ivie said...

Good article but one scenario was missed. I abandoned an account I thought had a zero balance. Unfortunately now, 2 years later, I find out the account was somehow overdrawn by $37 and since I left it open it sat and accumulated fees totaling over $400!! The bank gave me a number to call to negotiate the fees and they said they would reduce the total down to $265. That is still a penalty of over 700% and THAT is what I want to dispute. How???

Glenn Thompson said...

I overdrawn an account September 2011. I tried to open an account in October this year and the account is still on Checksyste. Not sure what to do now as it has been 5 years.

Riena Johnson said...

Contact chexsystems and dispute for it to be removed

Riena Johnson said...

Was it a collection agenc. Was it put on your credit?

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