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Stuck In Chex Systems?
Here are 22 effective
tips and
suggestions for you to consider
#1 Don't close any accounts that you currently
already have!
You might rely on that account being there someday.
#2 Find a bank that doesn't use ChexSystems.
Most financial institutions (over 80% according to ChexSystems'
own data) are now using ChexSystems, but some credit unions
and a few smaller banks don't use ChexSystems when verifying
new accounts. It is not easy, but if you try hard enough you
will find one of that 20% which doesn't use ChexSystems. Don't
be fooled by "shady" web offers that say they can
clear you off of ChexSystems with the purchase of a package
or plan. To my knolwledge these comapnies are making money
selling you public information. Beware!
There a instances in which some large national banks (Citibank,
Bank of America, US Bank, etc) are starting to ignore incidents
filed more than two years ago. This may have been a result
of the Federal Reserve's inquiry into ChexSystems a while
back and the publicity garnered by the articles in the Wall
Street Journal. The challenge to making this work for you
usually is to educate the accounts clerk or other bank representative
about the changes that their headquarters has ordered, and
to persuade them to investigate the changes for themselves.
Learn
How To Live Without a Checking Account
in Spite of
Chex Systems - I have figured a way out that not only
eliminates my need for a checking account but also
saves me headache and aggravation. For all practical
purposes I have better "piece of mind" then
when I did have a traditional checking account. Click
Here for the full Story |
Credit unions all have some eligibility restrictions
-- either you need to live or work in a specific county or
city, or need to work for a specific company or industry.
This might appear to make credit unions off-limits to many
people. Fortunately, there is a solution! Perhaps you have
a family member who is eligible? Once a family member is a
member, normally all in the immediate family (parents, children,
siblings, grandparents, grandchildren, spouse, etc.) become
eligible automatically. Even better -- once you become a member,
you are qualified to keep membership for life. So if the family
member wants to close his or her account, or you want to move
or change jobs, your credit union membership is not affected.
See CU Match Up which will identify credit unions to consider.
Credit Unions also are more likely to grant a savings-only
account regardless of your ChexSystems record. See recommendation
#4 for an explanation of why this may be all you need.
Skip the bank and go direct! If you have direct deposit,
then you can get a debit card provided directly by ecount
or Netspend. I really like netspend because you get a VISA/MC
that has only the amount you put on it. If you put $100 on
it then you have $100. They charge you to add money and for
each transatcion, but it is very straight forward.
Additionally, banks themselves are starting to offer these
pay as you go debit cards. The interesting item is that they
are considering offering "convenience checks" for
use at merchants where debit cards are not accepted for payment.
That's more like it!
I love Pay Pal! You can open a Pay Pal business account!
The problem is that PayPal wants you to have a bank account
somewhere to verify that you are not a terroist or someone
who wants to launder money. You can use a simple savings account
to verifiy your Pay Pal account. If you have a business you
can even get a debit card tied to the account.
#3 Overdraft protection? Re-apply without it.
Sometimes people are denied an account only because they had
indicated on their application that they would like the overdraft
protection option. When your application includes this request,
the bank will often verify your credit in addition to verifying
your ChexSystems record. If you have both bad credit and a
negative ChexSystems record, then the bank is more likely
to reject your application. If this could be what happened,
then you will want to simply leave off the overdraft protection
request and re-apply.
But consider this: the computer systems used at some banks
know if you've already applied recently, and will reject any
additional applications automatically. This may be the case
at just the one branch where you applied, or it may work this
way at all of the bank's branches. At the same time, you need
to be aware of the fact that each time a bank or credit union
requests a copy of your record, that request is tallied at
ChexSystems. If ChexSystems sees three or more requests in
the past ninety days, then that fact alone carries the same
weight as a negative "closed for cause" record.
#4 Open a Savings Account first.
Some banks don't check with ChexSystems when you are only
opening a savings account. Having a savings account makes
many options available to you through services such as PayPal
which use EFT (Electronic Funds Transfer) and ACH (Automated
Clearing House) transactions.
#5 Closing Time.
Do you like working late? Neither does the accounts clerk
at your bank. Arrive 10 minutes before closing time. Sometimes
the person taking your application will cut corners and might
skip the step involving doing a verification with ChexSystems.
The smaller the bank, the more likely this will work.
#6 Request an "offline" verification.
When a bank verifies you using ChexSystems' online program,
it is a "big net" type of search. Inform the clerk
at the bank that you believe ChexSystems is mistaken, and
that you wish to request an offline verification. The search
to obtain your record in an offline verification is more specific
as it is performed manually by a [generally quite stupid]
human at ChexSystems instead of by a computer. Done this way
it is more likely that your incident, or incidents of others
whose names are somewhat similar to yours, will not be found.
If you suspect that you have become a victim of identity fraud
(e.g., your record shows incidents reported by banks that
you've never done business with) then you can call the FTC
Identity Theft Hotline at (877) 438-4338, and the Social Security
Fraud Hotline at (800) 269-0271.
#7 Have your spouse apply separately.
ChexSystems may not be able to match both spouses to the incident.
Have one spouse apply for an individual account (i.e., not
a joint account) and leave out mention of the other wherever
possible.
If denied, then go to a different bank or different branch,
and have the other spouse apply for an individual account.
Then once you have an account and have a history with the
bank, they might be willing to convert the account to a joint
account -- even if the second person on the account has a
negative ChexSystems record. (This technique works particularly
well with online banks and the online units of traditional
banks.) For the record, we do not recommend that anyone use
joint accounts. It is just a bad idea.
Again, please keep in mind that each time a bank or credit
union requests a copy of your record, that request is tallied
at ChexSystems. If ChexSystems sees three or more requests
in the past ninety days, then that fact alone carries the
same weight as a negative "closed for cause" record.
By the way, a "donor" with a bank account can
grant to you Power of Attorney which, after being notarized,
can be presented to the "donor"'s bank and will
allow you the ability to endorse deposits and sign checks
on the account. There are significant risks to granting Power
of Attorney so the donor may want to get legal advice and
have these explained in detail.
On a related note ..., if you were reported to ChexSystems
due to a problem with your spouse's account, and the account
was NOT a joint account, then that is a huge, yet common,
error made by the bank. Sometimes even a person who is listed
as the "beneficiary" will end up, wrongly, being
reported to ChexSystems. Should either of these situations
happen to you, you will want to report this to the branch
manager at the bank, to ChexSystems and most importantly,
to the Federal Reserve Complaints Department as this practice
needs to STOP NOW!.
#8 Whoooo Mexico.
Anyone with a Mexican ID (obtained from any Mexican Consulate
in the U.S. or from within Mexico) can walk into any Citibank,
Bank of America, Wells Fargo, or Chase Texas and open an account.
Those with a Mexican Id will have no social security number.
With no social security number, it is unlikely that the search
with ChexSystems will yield any negatives (especially if the
applicant has moved since any incidents were reported to ChexSystems).
#9 Oh, Canada!.
Open a U.S. Dollar checking account at a Canadian or foreign
bank that operates in the United States. Often people will
open an account in Canada before moving there so this practice
isn't uncommon. Canadian Banks which will open accounts to
United States residents are Bank of Montreal, Canada Trust,
Scotia Bank, Royal Bank of Canada, Toronto Dominion, and Canadian
Imperial Bank of Commerce (CIBC). You will need a U.S. driver's
license or other state identification or a passport. Canadians
use a social insurance number instead of a U.S. SSN (social
security number), so you probably won't even be asked for
your SSN.
#10 Government benefits? Request an ETA account!
Visit ETA-Find.gov to find a bank or credit union that offers
ETAs (Electronic Transfer Accounts).
#11 Learn to deal with it.
The suggestions listed above are the "quick fix"
suggestions. If none of them are appropriate for you, then
your remaining options will take significant time and effort.
For instance, about a month will pass before you will get
any reply when communicating by mail, fax, or over the web
with ChexSystems. So it doesn't matter if the bank screwed
up, or if the incident was a result of a stolen card, or whatever
the reason -- you will need to deal with the fact that there
is no solution that will get things cleared up immediately.
If you currently are stuck without an account and are unable
to open a new one, then life will become a bit harder for
you.
Cashing your paycheck.
Some people must resort to using check cashing joints where
they pay 2% or more of their check just to get cash. But if
you have access to the bank that your paycheck is drawn through,
you can visit that bank and cash the check -- regardless of
whether or not you have an account with them. Bring identification
with you.
You might also consider asking a friend or family member to
cash your paycheck. However, most banks today put a hold on
deposited funds for five business days as federal law provides,
thus you can really cause problems for someone else by doing
this.
You will be carrying around a larger amount of cash than
you are normally used to. Please realize the risks of doing
this and take steps to protect yourself.
Paying your bills.
Money orders are available at the post office, banks, grocery
stores, Wal-Marts, and check-cashing joints. Prices range
from $0.46 each at Wal-Mart, to $0.80 at the post office,
and as much as $2.00 to $5.00 each at your bank. Payment usually
must be made using cash or ATM/debit card only as credit cards
and personal checks are generally not accepted for the purchase
of money orders. An additional type of check that is similar
to a money order is the travelers check.
Budgeting your money.
Be prepared for problems by hiding away a cash reserve. Perhaps
your paycheck will get lost in the mail, or your car will
break down on the freeway. These things happen, and when you
are working with cash only, these situations can become huge
setbacks if you are not prepared.
#12 Amend your report.
Once you have a copy of your ChexSystems report, you will
want to verify that any "banking institution incidents"
have been amended to read: "all amounts owed have been
paid". This is a a followup report that your bank files
after an initial report to say that you no longer owe any
money on the account. ChexSystems insists that all member
banks are required to do this, but few banks ever do.
If this happens to you then you should contact the bank that
reported the incident to ChexSystems and request that they
file an update with ChexSystems to amend your incident to
show that "all amounts owed have been paid" flag.
You could also contact ChexSystems directly for your request
to have incidents amended, but that approach takes significantly
more time.
The reason you want to do this is because some banks will
ignore your ChexSystems incidents, as long as that these incidents
show this "all amounts owed have been paid" flag.
After your report has been amended, then you can try re-applying
or applying at a different bank.
#13 Negotiate a "deal".
If you still owe money to the bank that reported you, try
using that for leverage! (i.e., "I will gladly pay you
for the overdraft and any fees today -- if you agree to file
a 'deletion' with ChexSystems!". Or perhaps you can ask
for assurance that they will amend the incident with ChexSystems
flagging it to read "all amounts owed have been paid".)
#14 Dispute the incident with the reporting bank.
Contact the bank that reported you and ask that they file
a "delete record" request with ChexSystems. You
will need to give a decent reason why they should go out of
their way to help you -- i.e., "please remove the incident
reported to ChexSystems by you as that occurred quite some
time ago and was paid up soon after I was notified of the
problem".
Even though a bank policy might be that only employees from
their "loss prevention" department are authorized
to contact ChexSystems, the fact is that ChexSystems will
accept a call from any bank employee who knows their banks'
"ChexSystems Security Code" and then the request
for the deletion will be honored. So your goal should be to
find a sympathetic ear anywhere in the organization who will
call ChexSystems for you.
Remember one (sad) fact:
The squeaky wheel gets the grease!
If you did pay off the amount owed shortly after being notified,
make sure to mention that fact. Also play off of their sympathy
by explaining how no bank will open an account for you now.
Remember, persistence pays ... and many people who put up
enough of a stink do get listened to, and then the "deletion"
gets submitted.
Here's a list of things to do:
A.) Contact the BANK MANAGER at the branch that reported you
and politely ask them to file a "deletion" with
ChexSystems. This is more effective in-person rather than
by phone.
B.) If answer is no, wait 24 hours, then repeat Step A, giving
more and more reason each time why you are right. Continue
until successful. (but be careful -- this could border on
telephone harassment.)
C.) If the bank has multiple branches, ... move on and try
the same technique on the next closest branch.
Remember another (sad) fact:
There is much misinformation about ChexSystems within the
banking community and within ChexSystems itself. For face-to-face
communications, consider bringing with you a notepad to take
notes, and optionally a digital or tape recorder or even a
radio transmitter (walkie-talkie). This generally puts them
on the defensive as they will realize they cannot just make
stuff up to get you out the door. Recording your telephone
conversations with them (informing them ahead of time if required)
may also work to your advantage.
#15 Dispute the incident directly with ChexSystems.
If you find any inaccurate information in the report you requested
from ChexSystems, (e.g., "I don't remember having any
overdrafts with this bank.") then you can send a signed,
written letter to ChexSystems to dispute the incident. Be
sure to send the letter via certified mail and request a return
receipt, otherwise ChexSystems can (and often does) claim
that a dispute was never received by them. The reason you
want to dispute an incident is that hopefully ChexSystems
will either agree with you and remove the incident, or the
process of verifying the incident requires so much work that
either the bank or ChexSystems will drop the ball, which will
work in your favor. We've obtained a copy of the Reply Letter
you will hope to get. Fact: ChexSystems sends this letter
out a lot more often than you might think! (It is an indication
of how inaccurate their data is.)
The Federal Trade Commission provides a sample letter showing
how to write a dispute. You want to scrutinize your report
as ANYTHING that is not accurate, like a date or an amount
error, will make you eligible to file a dispute. ChexSystems
is then required to get verification from the bank that reported
you.
Bureaucracy is on your side here! If the bank takes longer
than 30 days to reply, then ChexSystems is required to remove
the incident from your report until the bank follows through.
Banks absolutely hate having to verify ChexSystems incidents
because it is time consuming and produces no revenue. Additionally,
if your bank has been bought out or has merged, the effort
they must expend to verify your incident can be tremendous
-- especially if it was from several years ago.
ChexSystems will notify you of the results of the reinvestigation
within approximately thirty days. If the bank responded, then
Chex's results should include the name, address and phone
number of the source at the bank who verified your incident.
At least then you will know the correct person at the bank
to contact. But if the bank never responds to ChexSystems,
which happens quite often, then you are off!
If you wish, you can request that your dispute will end up
being added to the incident, and each time the incident is
read then your dispute will be read also. Depending on the
circumstances, sometimes this helps your cause, other times
it hurts.
(And remember -- it is expensive for ChexSystems and the
banks to process disputes, but it costs you nothing. Get the
hint???
And don't go with ChexSystems' claim that you need to send
your dispute directly to the reporting bank first -- according
to the federal FCRA you can send it right to ChexSystems!)
Also, if you are curious as to what type of people you are
dealing with on the inside at ChexSystems then please read
this message we received.
#16 Get into the (legal) ring.
Fact: Neither ChexSystems nor your bank wants to do battle
with you in court. If you have any proof that the problem
was due to a bank mistake, or feel that you would have a decent
argument or just want to roll the dice and see if this option
will get you out of Chex Hell -- then consider threatening
to and/ or actually challenging them in court. Having a lawyer
represent you really, really helps. But if you go it alone,
here are some suggestions:
Firstly, get the name, title, address, and telephone number
of the General Counsel (the lawyers) for the reporting bank.
Notify them of your intention to escalate the situation (take
them to court) unless they file a "deletion" with
ChexSystems. Indicate clearly that your intention is simply
to be able to open an account at a different bank and that
the incident filed by your old bank is impeding you from doing
that. In the letter, provide a date by which time you expect
them to have complied with your request (be fair, like two
weeks perhaps). Send the letter certified mail and request
a return receipt.
If the bank does not respond, or replies that it will not
file the deletion, your next step is to work on ChexSystems.
You should first file a dispute with ChexSystems, if you have
not haven't done this yet, and request that they verify the
information in your file with the reporting bank. Upon verification
(which can take up to 30 days), your next step is to inform
ChexSystems that you intend to challenge their records. Send
a copy of your letter (cc:) to the General Counsel at the
reporting bank.
At this point, you will need to put on a lawyers hat, or
preferably, get a lawyer to represent you. Your options include
writing a few more letters (in hopes you can persuade either
ChexSystems or the reporting bank to delete the incident),
filing a civil suit, or filing a case in small claims court.
This page alone lists a number of legal arguments that you
can use -- including the most basic one which is to argue
that the bank didn't follow "reasonable procedures"
in reporting you to ChexSystems (e.g., the bank has no filing
guidelines.)
#17 Take your complaint to the State.
If you aren't getting any cooperation, consider filing a complaint
to the Attorney General in your state. Or if you really want
to stir up the pot, find the individual at the Treasury who
has oversight over your bank (scroll to the bottom of the
list to see names for the larger banks) and remind them who
they work for!
#18 Your identity varies. Make this work for you.
When you apply to open an account with a bank, they will provide
information from the application to ChexSystems. This information
includes your name, address, social security number (SSN),
and often includes prior addresses, your driver's license
number and date of birth.
A.) If you don't have an SSN (for example, if you aren't
a resident of the United States, are a foreign student, etc.)
then it is harder for ChexSystems to match you to your record.
If you don't have an SSN and also your address has changed
since the incident was reported, (especially, if you now reside
in a different state), then it is quite likely that ChexSystems
will not be able to identify you with your existing ChexSystems
file. Just remember not to volunteer any previous addresses
or other identity if you can avoid it -- all you should need
is your passport and/ or international student id.
B.) Sometimes identifying information changes over time,
which makes it harder for ChexSystems to match you against
your ChexSystems record. (e.g., new address, new driver's
license number from a state different from where the incident
occurred, name change after becoming married.)
Perhaps you can take advantage of one or more of these holes
in their system.
Following are some of the searches ChexSystems performs for
banks who are inquiring on a new account application. See
the Sample ChexSystems report to see how each is presented.
Social Security Administration (SSA)
ChexSystems runs your SSN against the SSA, getting simply
a confirmation that the number is one which was issued, what
state it was issued in, and approximately when it was issued.
Visit the Informus site where you can enter a SSN and see
this for yourself. For more information, see the SSN Structure
page from the SSN FAQ.
The SSN on your application is used not only to identify you
but is also used when the bank reports interest income to
the IRS. Thus if you provide a false SSN on your application
it might not only become yet another negative mark on your
record with ChexSystems if they find out, it could get you
unwelcome attention from both the SSA and the IRS.
Driver's License Bureau
If the bank subscribes to ChexPlus, an additional service
from ChexSystems, then ChexSystems will verify the driver's
license or state identification number and then will look
for information on you in their SCAN Retail Check Network.
The driver's license or state identification number from your
application is verified against records with the DMV in your
state.
Each state is different -- with most only verifying that the
number is formatted properly. Other states, such as Texas,
Florida, and Minnesota will return to ChexSystems the name,
address, and date of birth registered under that number (although
these states' DMVs might also give you the option of blocking
this additional information from being released.)
Retail Checking Network (Unpaid NSFs).
Then if the bank is a ChexPlus subscriber, ChexSystems will
run the driver's license number from the application against
their retail check network SCAN which tells if there are any
unpaid NSFs.
Banking Institution Incident Reports
When you have an incident reported to ChexSystems, the reporting
bank gives ChexSystems your name, address, either your full
SSN or the last four digits of it, your account number, and
the reason for the report.
The search is performed once for your SSN, and all incidents
reported under that SSN will appear.
Because many incidents reported to ChexSystems do not include
the full SSN, another search is performed using just your
name and address. Because of the high number of duplicates
which appear, generally only incidents from the same state
where you live will be considered from this search.
Which means that when completing the bank application, you
will want to volunteer no prior addresses or other historic
information wherever possible.
#19 Make the bank want to keep you.
Banks don't make much money off of checking accounts with
low average daily balances. Therefore, they don't really care
if you stay with them or not. But if you invest in CDs or
have loans with them, then you are valuable to the bank --
or more significantly, you are valuable to the bank's loan
officers and financial consultants. So if you have time, and
some money available, try this approach: Purchase a short-term
CD. Most banks offer CDs that mature within one month, or
sooner, and require a minimum investment of about $1,000.
Then when the CD matures, the bank's financial consultant
will be your best friend -- someone who will do anything to
get you to renew your CD. Perhaps this person will even intervene
on your behalf and get that silly ChexSystems incident removed.
#20 Get checking through a Money Market or Brokerage
Account.
A look at MSN MoneyCentral's Fund Directory or a search of
Yahoo!'s Broker Directory might help you find several options.
None of the funds or brokers do, as far as we know, verify
new accounts with ChexSystems. Many of these fund and broker
accounts offer free or low cost checking and a low initial
deposit. Most will even give you some type of bonus for being
a new customer -- see this Sign-Up-Money page for details
on that. Here are some specific places where your money is
welcome:
A Merrill Lynch CMA can be opened with $2,500 and reportedly
does not involve any verification with ChexSystems.
Prudential Securities apparently does not have a minimum opening
balance requirement at most locations. For instance, the Prudential
Securities offices in Clearwater, FL and San Diego, CA (on
B' Street) were reported as location which require just $100
initial deposit and the ability to apply over the phone.
TD Waterhouse lets you apply online for a brokerage account
with a money market account option. This is the Broker Account,
not the Checking Account through TD Waterhouse Bank (which
does verify through ChexSystems). But you will get checks
and an ATM/Visa card with the brokerage account -- as long
as you choose to open the Money Market account on the application.
Update: Reportedly, after one year TD does a review of your
account and may cancel checking privileges if you do not stock
transactions -- so keep this in mind.
Charles Schwab locations do not check credit and the Schwab
One securities account comes with a debit card and checking
account. Unfortunately, we are told, it requires something
like $5,000 to open.
Franklin Templeton Investments has a money market account
which reportedly has no verification with ChexSystems and
includes a checking account. Please help us by letting us
know what their minimum opening balance requirement is, should
you learn it.
Strong Funds also has a money market account which reportedly
has no verification with ChexSystems. Again, please let us
know what their minimum opening balance requirement is, should
you learn it.
One important item, though, when relying on this brokerage
account as your sole bank account -- make sure that the fund
or brokerage will allow you to deposit your paycheck or other
checks made out to you. If they don't, you may need to use
an intermediary service that uses EFT or ACH to fund your
brokerage account (see below).
You could also then use an online bill-pay service, such
as PayMyBills.com and have funds drawn from your fund account.
Additionally, the services such as PayPal which use EFT (Electronic
Funds Transfer) and ACH (Automated Clearing House) transactions
now become an option available to you also.
See the article Your Broker as Your Banker for further information
regarding the use of a brokerage or money market account in
place of a traditional bank account. The article is part of
the informative Motley Fool's School of Banking site.
#21 Request the bank's filing guidelines.
One smart cookie wrote to us saying he was able to get his
name removed by insisting that the bank provide to him their
ChexSystems reporting policy in writing.
Update: Read this letter sent by someone who used this technique
and found success!
Apparently ChexSystems doesn't dictate this policy, and most
banks haven't designed one themselves, thus you are asking
them to come up with something they don't have. But the FCRA
has some specific words regarding "reasonable procedures"
when reporting data to credit bureaus, and if the bank doesn't
have any filing guidelines, then they really cannot prove
that they followed "reasonable procedures" when
they reported you to ChexSystems. This leaves them vulnerable
to being sued because banks which don't follow reasonable
procedures can be found liable for damages due to negligence.
The bank might just decide that it is easier to file a deletion
with ChexSystems than it is to deal with you any longer.
In your letter, you want to request the bank's "ChexSystems
Reporting policy that complies with the requirements of the
U.S. federal Fair Credit Reporting Act (FCRA)". State
that unless they provide this policy, you would "have
no choice but to retain a lawyer and have the lawyer secure
such documentation."
Along the same lines (i.e., being a pain in hopes that they
will simply give in to your request to file the deletion)
you have the right to view the bank's Community Reinvestment
Act file -- something they must show to you, at no charge,
any time the bank is open. See our CRA page for step-by-step
instructions. You probably won't win any friends in doing
this, but that isn't your goal anyway.
#22 Investigate ChexSystems.
Most states require that a company register with the Secretary
of State before business can be done in that state. Apparently
ChexSystems forgets to do this. Virginia is one such state.
A letter to the bank, with cc:s to ChexSystems and to the
state's attorney general got one Chex Victim off the hook.
Perhaps there are other angles too -- local or county regulations?
Or Federal? Make red tape work for you! |