Back in Sept 2010, I got a letter from a collection agency about a credit card account that went to collections. I was dumbfounded, dont own a credit card. To make a long story short, my brother did it and was caught.... I have a letter from the collection agency and original creditor that says i am not responsible for this account and that they have contacted the 3 credit bureaus to have this account deleted from my credit file. Experian and Transunion, done deal account deleted. Equifax on the other hand, totally different story. I sent out a letter back on Jan 13 to them, here it is March 2, still havent received anything back from them. I checked my credit report online and wouldnt you know it, the fraudulent account is still showing on my report. I called them and told them about this, and they said they would open another investigation, I told them there is nothing to investigate, I have a letter directly from the original creditor clearing me of this account. I faxed it to them and I am waiting to hear back from them. I am ready to talk to an attorney, someone is screwing with me, and I not very happy about it.
I understand how you feel. I went through a similar situation a couple of years back. When Identity thief was a new crime. Just be patience and think of the end goal to get your credit clean. Don't let them win mentality always help me through the hard, long process. Don't get discourage!!! Everything will be resolve. There's always one level higher which is the Federal Trade commission if the credit bureau are giving you the run around. Use them as a last resort. It's always good to get a police report or incident number from the police department or case number which your brother was convicted of this crime. Hope this helps!!!
Let this investigation run its course. If they don't remove it from your report, or give you an outstanding reason why they didn't do so, then contact an attorney. This is covered by the Fair Credit Reporting Act, and a good attorney will be able to do it on a contingency fee.
A contingency fee is a payment arrangement where the lawyer's fees come out of the winnings. In regard to the FCRA / FDCPA, both allow the plaintiff to include legal costs in their claim, meaning your lawyer can sue for his or her expenses IN ADDITION to your $1000 damages. It's a little more detailed than that, but any lawyer worth talking to will gladly give you a free consultation to talk it all over.
Just got an email from Equifax, they once agained confirmed the account belongs to me... I called the original creditor and spoke with the lady who sent me the letter about deleting this account from my credit file. She said they sent a notice to Equifax back in January, and got a confirmation number back from them the account was deleted. I told her that Equifax is telling me they are confirming this account to be mine, she told me she would send another notification to them to delete this account. Is someone playing games with me or what!!!!! What should I do now?
Did you send your first letter (with proof that it wasn't your account) via certified mail? If so, I'd contact a local lawyer. This should be a cakewalk for a lawyer well-versed in FCRA law, and it shouldn't cost you a dime.
Yes, there is a chance, depending on your circumstances. FCRA and FDCPA violations carry $1000 in damages. Since they also allow you to recover legal expenses, it's definitely worth talking to a lawyer over.
