Need Help

Discussion in 'Credit Talk' started by HankHill, Jun 25, 2008.

  1. HankHill

    HankHill New Member

    I've been reading around here for a few months and alot of good suggestions. Also made me realise I'm pretty *#(@ed right now.

    I swear it feels like I'm being followed or something. I got really alarmed this recently since I opened a new account with the phone company about a month ago. I didn't even set it up as a personal account I set it up as a business account (they don't offer the feature for a residential account thats why I did that) but it was under my name and SSN. Not even a phone line its a call forwarding number and I only provided my PO Box. Number was setup as UNLISTED I even have the confirmation here in writing. The collections people have called me on this number. how they hell did they find that? That's why I feel paranoid right now.

    Now how I said someone opened an account using my name or my social security (not sure exactly what they had... the company when I told them that refused to give me details but I do know it is my SSN because I disputed with the CAs and got back saying it was valid simply because SSN matched) Like I said I've been reading around and first thing saw I used form letters word for word the realy strong sounding ones citing all the laws. I didn't know any better. And also the company the account is open with I talked to them on the phone and they said no its not fraud and you need to fill out these forms. It was me signing that no I had never opened up that account and I sent that back to them but I never heard anything back from them ever again? What does that mean?

    Anyways whats the best thing to do? Like I said there is a collections agency calling me and they are treating me like a criminal. This person already found another phone number to me earlier. I outright offered pay for delete but was told that that's "illegal." The way I see it I didn't open the account and its on my credit reports then why even bother? Open closed paid or written off its still a negative account.
     
  2. NightStar

    NightStar Well-Known Member

    You can get the address for the new collection agency and request debt validation.

    If you don't believe this is your account you can activate a fraud alert and dispute this account with the credit reporting agency.

    What is the credit report showing on this account, when it is saying that it defaulted. Maybe you can wait out the SOL (statute of limitations).

    If you go the ID Theft route, you may need to get a police report and a ID Theft affidavit at the Federal Trade Commission - Home and send copies to the credit reporting agency as well as the collection agency.

    It sounds like you did the right thing sending back forms that that was not your account so then that collection agency just forwarded it to a new collection agency and didn't tell them that you disputed fraud on this account. Right?
     
  3. HankHill

    HankHill New Member

    Must I specifically request validation? I sent them recently a letter in plain english explaining that I did not open the account, in response to their first letter... they had been in touch with me via phone but never mailed anything for at least a month.

    I did open a fraud alert, if I am not mistaken it is for 90 days and that has already gone away.

    I did dispute it and it came back as valid because they have my ssn

    2nd disputes came back as that the debt already had been validated or verified (due to the "outcome" of the 1st dispute)

    Don't have it in front of me but if I am not mistaken it is < or approx. 1 yr. Basically I've accepted I will have to live with that but I am hoping I don't have to.

    Would that help at all with the credit report at all? The collection agency?

    The forms were sent to the OC, if I am not mistaken before any CA was involved but I am not sure maybe they were trying to contact "me" at whatever fraudulent contact they had on file? I found out due to being declined a car loan and called the OC directly about the matter.

    Also the recent CA said that I can call OC and request all the statements, etc for the account because they have my name and SSN on file... is this correct? I would think if you tell the OC its fraud that they would not disclose any account details? Shouldn't then they be able to provide a signed agreement with someone else's signature in my name.

    Also as I said before I've been reading the forum and must say its very good information I've collected... my concern is if I try to sue the OC or CA for damages, libel, defamation, etc they would turn around and sue me for the fraudulent debt... how do I prove I didn't open an account when obviously my name, SSN and who knows what else have been compromised??
     
    Last edited: Jul 5, 2008
  4. NightStar

    NightStar Well-Known Member

    You can still file a police report and fill out and ID Theft Affidavit.

    http://www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf

    Here is the link to the ID Theft Affidavit. Instructions included in the pdf file.

    I think you are limited to 5 years from time of discovery to notify the police of the fraudulent account. Take a copy of the affidavit to the police.

    Get a copy of the police report or the report number to forward to the credit reporting agency along with another copy of the affidavit.

    Send copy of police report or the report number to the collection agency with another copy of the affidavit.

    If the fraud alert has expired call back in and get it started again. Also if you have not done so you need to add a consumer statement to the credit report.

    Please call me to verify my identity before extending credit, please call this number # (forward copy of phone bill to credit reporting agency so they can add the number to the credit report).

    Reporting Fraud â??
    Include following information
    Full Name
    Address
    Social Security Number
    Date of Birth
    Phone Number
    Copy of Drivers License
    Documentation (copies only)
    ID Theft Affidavit
    Request Fraud Alert
    Signature

    Experian
    PO Box 9556
    Allen TX 75013
    1-888-397-3742
    http//:Experian | Free Credit Report and Credit Score

    Equifax
    CSC Credit Services
    PO Box 981222
    El Paso TX 79998-1222
    1-888-766-0008
    1-770-375-2821 fax
    http//:Equifax: Credit Reports, Credit Scores, Protection Against Identity Theft

    TransUnion
    Fraud Victim Asst. Dept.
    PO Box 6790
    Fullerton CA 92834
    1-800-680-7289
    1-714-447-6034 fax
    http//:TransUnion - Check Your Credit Report and Credit Score Online, Instantly and Securely
     
  5. HankHill

    HankHill New Member

    I can put a block on my credit report. Should I do that? Does that prevent the CA from accessing the report?
     
  6. NightStar

    NightStar Well-Known Member

    You can get a freeze on the credit report, it will stop new creditors from opening up new accounts.

    But it will not stop collection agency from being able to report or pull your credit report. Usually they have a permissible purpose when a debt is owed. But in your case it is a mistake and you need to send them an affidavit and police report.

    Maybe if you can get ahold of the original creditor, they can retract the collection if they still own the account. It is against the rules for them to knowingly send a theft account to collections.

    If you forward a police report and affidavit to the credit reporting agency - they should remove any reporting on this account.
     
  7. HankHill

    HankHill New Member

    Anyways let's backtrack. I really need to get that report done but I don't have time this week or next but after that I think I will be able to get it done.

    I got the first letter from the collection agency. I do not feel comfortable posting dates, sorry. But that was less than 90 days ago. Within 30 days I sent a response. I did not explicitly "request validation" but did assert that it was not my account.

    Within 30 days of my letter (response to their first letter) I get a letter with an "offer" where they are willing to "satisfy" the account for less-than-full payment. I KNOW that this would not remove the account from my credit reports so it's honestly worthless to me. I also assume that if I did do this it would look bad on my report anyways and that the original creditor probably could still try to collect the rest of the amount that shows as owed on my credit report.

    But the main question is, if I sent a letter asserting that the account is not mine, are they allowed to continue sending me letters about the matter? And if not should I respond "playing dumb," i.e. not writing a letter citing all the laws they broke? Should I even respond to that letter? Should I write a legalese letter?
     
  8. NightStar

    NightStar Well-Known Member

    I think you should continue trying to dispute this account, don't pay it that will just leave it on the credit report.

    I would reactivate the fraud alert, add a consumer statement - for creditors to see that says: "please verify identity before opening up new accounts, call # ________

    You need to send in a copy of your phone bill to the credit reporting agency on the phone number you want them to call.

    If you get a police report and affidavit, the credit reporting agency would then have to delete. If they didn't you could dispute with the FTC and have them send the dispute to the credit reporting agency. The FTC has a dispute referral program.

    You already sent a letter to the collection agency, but they need to see a police report and affidavit. Once you get that to them - that should put a stop to further collection efforts.
     

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