I disputed an account with Experian for a BankOne Visa that isn't mine, and I have never had an account with them. A few days ago, BankOne mailed me a letter stating they have received the dispute from Experian, and included two different forms to send back to them - one was a fraud affidavit, the other was a "I aknowledge ownership of this account" yada yada yada... Their cover letter said if I completed the fraud affidavit, someone from their fraud department would contact me to resolve. The bottom of the letter stated that If I did not complete either form, the account would stay on the credit report as "Disputed by consumer". What should I do? Let it get to 30 days and then demand Experian removes it? It sounds to me that if I do nothing, they will do nothing, and subsequently fail to respond within the 30 days. Please advise. Ken
They have ignored the third possibility: that they have mixed you up with someone else, but could care less who pays them. If its not your account, you want it off, and if it is fraud you not only want it off, but want all their information that might assist you in determining the extent of the perpetrators capability to use your identity. If you file a police report, they are required to provide you with this information, and to remove the negative information from your CR. (under FACTA, as well as laws of some states) Send them a letter reiterating that you did not open an account with them, and requesting the information you need to both prove this and determine whether this is identity theft or an error in their records. Full name used on application to open the account Names of any joint applicants Date of application Address given with application Phone number given with application Employer name given with application Identifying information provided with application: SSN, DOB, mothers maiden name Copy of application including signature Address to which initial credit card was sent, and date sent. Address to which first statement was sent. Address to which last statement was sent. Payments, amounts, and dates received. Copy of payment checks. Copies of statements. Copies of charge slips with signatures. etc. Note that credit card and statements sent to an address you never lived at show account was probably not opened by you. Application at an address you lived at, but made after you moved indicates someone got hold of a credit card offer sent to you. Partial identity information may indicate party knew you or had access to your records. Signatures likely will not look like yours, unless thief has seen your signature. Card issued, charges quickly run up, and no payments ever made fits the pattern of identity theft and fraudulently opened CC. Addresses to which card sent show where thief lived or had access, and when....You need and deserve to know what you're dealing with. If they don't cooperate, file a police report, and have them request the above information. If it turns out to just be a misidentification, its their own fault for not cooperating to straighten it out. You shouldn't have to play 20 questions.
If you dispute information on your CR with the CRA, they have to forward your dispute to the data furnisher. The DF must investigate and notify the CRA of their results. This duty to investigate, and therefore to maintain records to be able to ensure accurate reporting, is placed on the DF. Does sending forms to the consumer, while withholding information on the account, constitute "investigation" of the accuracy of the CR entry, as required by FCRA? Can a DF basically just say: "We say you owe this. If you can't prove otherwise you're stuck, and we don't have to tell you a thing to prove it."
Well, here is what I think happened. I had a Sony Citibank Mastercard - that charged off around the same time BankOne purchased all of the Sony Mastercard accounts from BankOne. At the time I had threatened Citibank that I was going to file bankruptcy, which I have not done, and they reported that account as well as two other Citibank MC accounts as "Included in CH 7 Bankruptcy" although I never filed, and they haven't tried to collect. So, the BankOne accounts is reporting the same way "Included in CH 7 BK", so it's a double whammy on the Citibank account, and the BankOne account. Keep in mind, I never received a card or statement from BankOne. So, I disputed it with Experian as 'not mine'. Ken
