Letter Disputing an Incorrect Credit Reference Bureau (CRB) Listing

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Letter Disputing an Incorrect Credit Reference Bureau (CRB) Listing — page 1
Letter Disputing an Incorrect Credit Reference Bureau (CRB) Listing — page 2
Letter Disputing an Incorrect Credit Reference Bureau (CRB) Listing — page 3

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BY E-MAIL / HAND DELIVERY — PLEASE ACKNOWLEDGE RECEIPT

Date: [DD/MM/YYYY]

From:

[YOUR FULL NAME]

ID No. [NATIONAL ID NUMBER] · KRA PIN [PIN — OPTIONAL]

[POSTAL ADDRESS / TOWN]

[PHONE NUMBER] · [E-MAIL ADDRESS]

To:

[NAME OF THE CREDIT REFERENCE BUREAU — E.G. METROPOL CRB / TRANSUNION / CREDITINFO]

Attn: Customer Disputes

[ADDRESS]

[DISPUTES E-MAIL]

Copy: [NAME OF THE LENDER THAT SUBMITTED THE INFORMATION], [ADDRESS / E-MAIL]

Subject: Dispute of inaccurate credit information under regulation 37(5) of the Banking (Credit Reference Bureau) Regulations, 2020 — [LENDER'S NAME], account [ACCOUNT / LOAN NUMBER AS SHOWN IN THE REPORT]

Dear Sir/Madam,

1. I obtained my credit report from you on [DATE OF REPORT] (report reference [REFERENCE, IF ANY]). It shows the following entry, which I dispute:

Item As shown in my report Correct position

Lender [LENDER'S NAME] [SAME / "I HAVE NEVER HAD AN ACCOUNT WITH THIS LENDER"]

Account / loan number [NUMBER] [—]

Status [E.G. "NON-PERFORMING" / "DEFAULT" / "WRITTEN OFF"] [E.G. "FULLY PAID ON DD/MM/YYYY" / "PERFORMING"]

Amount outstanding KES [AMOUNT] KES [CORRECT AMOUNT, E.G. 0]

Date listed [DATE] [—]

2. Why the information is inaccurate, erroneous or outdated (tick what applies and delete the rest):

[ ] The loan was fully paid on [DD/MM/YYYY]. Proof is attached ([M-PESA / BANK STATEMENT / CLEARANCE LETTER]).

[ ] The account is not mine. I have never taken a loan from [LENDER]. [I suspect my identity was used without my consent; I reported this to [POLICE STATION], OB No. [NUMBER].]

[ ] The amount is wrong. I owed KES [AMOUNT], not KES [AMOUNT SHOWN].

[ ] The amount is KES 1,000 or less. Negative credit information may not be submitted where the amount does not exceed one thousand shillings (regulation 18(2)).

[ ] I received no notice before the listing. The lender was required to notify me in writing or electronically at least thirty days before submitting negative information (regulation 26(1)) and one month before the loan became non-performing (regulation 63(1)(a)). I ask the lender to produce the notice and proof of service it is required to keep (regulation 63(3)).

[ ] The information is out of date. The default was settled on [DD/MM/YYYY], more than five years ago, and should have been removed (regulation 34(1)(a)).

[ ] [OTHER REASON — DESCRIBE BRIEFLY]

3. Under regulation 37 of the Banking (Credit Reference Bureau) Regulations, 2020, I request that you:

a) within five working days, attach a note to my credit report that this information is disputed and under investigation, and notify [LENDER] of the dispute and ask it to confirm the accuracy of the information (regulation 37(6));

b) within seven days, investigate the dispute on the basis of the documents I attach (regulation 37(7));

c) ensure that [LENDER] completes its investigation and gives you a notice of resolution within twenty-one days of receiving your notice of dispute; if the investigation is not completed in that time, delete the disputed information (regulation 37(8) and (10));

d) correct the error in your database and inform everyone who may be affected, including me (regulation 37(9)), and send a notice of change to any subscriber that obtained a report containing the incorrect information in the previous twelve months (regulation 37(12));

e) send me a free copy of my corrected credit report (regulation 37(3)(c)).

4. I also notify [LENDER], by copy of this letter, that the information is inaccurate. A credit information provider that has been notified by a customer that information is inaccurate may not submit it again until it has addressed the concern (regulation 26(4)–(5)), and must correct inaccurate information and notify the bureaus within five days of learning of it (regulation 26(7)). A bank, microfinance bank or Sacco that becomes aware that information it provided was inaccurate must give the bureau an amendment notice within five working days (regulation 63(5)), and must resolve complaints within thirty days of receipt (regulation 63(8)).

5. If the dispute is not resolved as required, I will refer it to the Central Bank of Kenya under regulation 37(15), without prejudice to any other remedy, including a claim for damages for any loss caused by the incorrect listing.

Please send all correspondence to [E-MAIL ADDRESS] and [PHONE NUMBER].

Yours faithfully,

______________________________

[YOUR FULL NAME]

Attachments (copies):

1. National ID (front and back)

2. Credit report dated [DD/MM/YYYY] with the disputed entry marked

3. [PROOF OF PAYMENT / CLEARANCE OR SETTLEMENT LETTER FROM THE LENDER DATED DD/MM/YYYY]

4. [POLICE ABSTRACT / OB NUMBER — IF THE ACCOUNT IS NOT YOURS]

5. [ANY CORRESPONDENCE WITH THE LENDER]

NOTES BEFORE SENDING — delete this part

Get your report first. You are entitled to a free credit report from each bureau at least once a year (regulation 37(3)(a)); the bureau must give it within five working days of your request (regulation 37(4)). Different lenders report to different bureaus, so check all of them.

Send the dispute to every bureau that shows the wrong entry, and copy the lender. Some bureaus also have their own dispute form — you may fill it in and attach this letter.

Dates that matter: bureau note and notice to the lender — 5 working days; bureau investigation — 7 days; lender's investigation — 21 days from receiving the bureau's notice, after which the disputed information must be deleted if the investigation is not complete (regulation 37(6)–(10)). The Regulations define "day" as a calendar day.

If the lender confirms the entry and you still disagree, you can ask the bureau to attach your own statement of not more than 100 words to your report (regulation 37(13)), and refer the dispute to the Central Bank of Kenya (regulation 37(15)).

A bureau may charge you for investigating a dispute that turns out to be false (regulation 37(14)). Only dispute what is really wrong.

Paid but still listed? A paid-up default is not deleted at once: a bureau keeps information on non-performing loans for five years from the date of final settlement (regulation 34(1)(a)). The record should, however, show the account as settled — if it does not, dispute it.

Nobody can "clear" your CRB record for a fee. Deal only with the bureau and the lender.

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