Hello, I would appreciate some tips on how I can resolve this problem. First some background: About 3 years ago I found out that the Social Security Administration issued MY SS# to another individual. This other individual had the same first and last name as me, but a different middle name. When he applied for his SS#, the SSA thought he was me, so issued my # to him, instead of giving him a new one. I only found out about this, because it turns out this guy was a deadbeat. I started getting all kinds of collection calls and several car repo guys turned up at my house trying to repo cars I didn't own. After figuring out what happened, I went into action. I notified the SSA and they confirmed they issued the same # to 2 individuals. I received a letter from them stating this and that they reissued the other indivdual a new SS# (but they can't confirm whether he realizes this or not). I got a copy of all 3 credit reports and disputed all the accounts that were not mine and had them place fraud reports so creditors doublecheck all ID (like this will help but still). I've been disputing and redisputing accounts for the past several years now. So far, everything is cleared up except for a stinking Chase Auto Lease account. Every time I've disputed with the CRA, they've confirmed the account. I have spoken to them directly, explained the situation, provided the letters from the SSA, and even a copy of my police report regarding this matter. Here's the kicker, I have a LEGITIMATE account with Chase Auto (Car Loan). I have brought this up with them multiple times. I told them to check the address for the legitimate Car Loan and the Car Lease that does not belong to me. I'm sure they have copies of drivers licenses for both accounts right? The name, address, and drivers license must be different. My contact with them is going on a little over 6 months now. I'm getting the impression that they realize they goofed, but because the other account is now in collections/charged off and they have only 1 SS# linked to this account (mine), they don't know how to proceed and don't want to remove it from my credit report. What can I do now? Can I sue them or the credit reporting agencies? I believe I submitted enough data to prove that this account is not mine. ANY help would be greatly appreciated. Note: I found out the address and phone # of the other indivdual and tried to contact him multiple times. It turns out he skipped the country due to all the unpaid debts (at least that's what the person on the phone says).
Sounds to me like Chase has adopted the attitude of "we can't find him, so it's YOUR problem to straighten out" and will do nothing to straighten it out. I suggest you try to get declined for some credit then sue Chase under FCRA maximum accuracy provisions. They are on notice, with documentation from you that they have the wrong person, let THEM explain that to the Judge.
I'd sue both Chase and the CRAs. Then maybe someone will figure out how to fix it. If you have the documentation from SSA and everything, it sounds like you have enough proof.
Thank you both for the replies. I have a couple of questions based on your posts: 1) By "they are on notice", do I need to notify them ahead of time I plan to sue them if they don't correct this, or can I just sue? 2) Are there any links here explaining how to sue creditors? I have no litigation experience at all but would prefer to do this myself instead of hiring a lawyer. 3) Is it better to be turned down for credit first an then sue? Thank you again very much. This whole ordeal has been driving me nuts for several years.
If you're turned down for credit, you can proved damage. I don't know if you have to send an ITS (intent to sue) letter first or not. In some states I think you have to give them an opportunity to settle. If you file in small claims court, go to your local courthouse and ask them what the procedure is. Most places will walk you through the process and give you the forms. They'll also tell you if you have to attempt to settle first, etc. So go on down to the courthouse and get started.
While the ITS letter is not a legal requirement, it is a good idea just in case the Judge asks "did you try to work this out before suing, and did you give them the "one last chance" warning?" I am in the process of building a web site called "sue-your-creditors.com" but it is not up yet. Small Claims Court has worked fine for me and it should work for you. In most Small Claims Courts, attorneys aren't allowed, and it is a very informal Court. The better to show damages with, my dear, said the wolf to little Red Riding Hood. Thank you again very much. This whole ordeal has been driving me nuts for several years. [/QUOTE] And if they are stupid enough to move the case out of Small Claims Court to a higher court, don't forget to amend your complaint to include all that mental anguish as damages.
1) Send them an ITS. 3) This makes your damages much greater and their pain much worse, 4*Years? Then it's way past time to bring it to court and end it.
