Disputed an account that was charged off 4/2001. Never mentioned anything about fraud, but ... Cap One sent me a letter that said "I need you to complete the enclosed affidavit. Please provide us with the following information: -- 3 signatures on affidavit/notarized -- photocopy of driver's license/picture ID -- photocopy of social security card ... once we have received this information, please allow 60 days for us to resolve your dispute." On the enclosed affidavit, it also wants me to, among other things, "state and declare" that I "have not authorized, directed, or empowered any individual to seek credit with Capital One in my name," and that "I have reason to believe that the following individual(s) applied for and used the Capital One credit card indicated above" and has a few blanks for the name and address of people I suspect. Now, my questions ... -- Should I fill this out? -- Completely? -- What if I don't suspect anyone of fraudulently using my account? -- I have not directed anyone to do it, but I myself opened (and closed) another account with Capital One. So then how can I "state and declare" that I haven't sought credit with them? -- I don't feel comfortable sending my DL or my SS card. Do I have to do this? -- Why do I have to sign it three times? -- Should I sign illegibly? Or with my other hand? etc.? -- Can they really take 60 days to clear it up? -- should I dispute with CRAs as soon as I send this affidvait back to Capital One? thanking in advance for any help/insight you can provide. peace, delilah
Here's an idea: Why not do the right thing? Call them and tell them that they sent you the wrong form. Or, if you like the idea of committing fraud, go with your original idea.... "Should I sign illegibly? Or with my other hand? etc.?" Oh my....
Re: Re: Capital One fraud affidavit It means that a person with such lack of respect that he/she belittles almost every contributor to this website has no place telling someone else to "do the right thing". Especially in such a condescending manner, but it appears to be the only manner you have.
Re: Re: Capital One fraud affidavit The reason I suggested signing illegibly or with my other hand is because I am fearful that Capital One might try to reproduce my signature and claim I did open an account when I DID NOT. It's not my plan ... it is an option. peace, delilah
Re: Re: Re: Capital One fraud affidavit When I have this concern I insert the date inbetween my first and last name in the signature, so it reads Steven06/05/03Katz
Re: Re: Re: Capital One fraud affidavit Where in your original post does it say that you didn't open this account? One of your commments is: "What if I don't suspect anyone of fraudulently using my account?" From the sounds of your original post, you either opened the account yourself, or know who did. If you have nothing to hide, tell the truth. Why is doing so even up for debate?
Re: Re: Re: Capital One fraud affidavit Lack of respect? I have the upmost respect for those who are trying to do the right thing. I have little respect for those who are too lazy to do the right thing.
Re: Re: Re: Re: Capital One fraud affidavit Thanks for your comments, too much. You are correct, I didn't say in my original post if I did or did not open the account. my question "What if I don't suspect anyone of faudulently using my account?" has nothing to do with whether or not I opened the account ... in the affidavit they want me to give names and address of people I suspect who opened/used the account. I don't know how this account was opened, used, etc. and I would have no way of knowing who to list in their affidavit. I guess I could rephrase that question to "what if I don't know who to name in these blanks?" I posted one reason above ... I am leery that they will try to "create" the account and I will dimwittingly have provided them all the resources to do so. I'm just trying to protect my own interests here. Nothing nefarious about it at all. I'm just trying (and am still trying) to get some opinions from people who have gotten this same letter and how they treated it. so ... anyone else? thanking, again, in advance. peace, delilah
Re: Re: Re: Re: Re: Capital One fraud affidavit Hi delilah, First of all, you'll do yourself, and the rest of CN, a big favor to simply ignore Too Much. He/She/It is being carefully watched and He/She/It's days are numbered. Whenever an OC sends a fraud affidavit it always has, as an intrinsic component, the implication that a fraud has occurred. Rather than tell you exactly what to do let me just tell you what mind set will work. Since a "fraud implication" can find it's way to your credit file, and since this; a) makes it VERY difficult to obtain credit and; 2) puts a fraud alert on your file which could irreparably damage your file and cause all kinds of unknown problems, you will not be complying with their request to supply a FA. After you photo copy every page, front and back, send it back and thank them for their "attempt to resolve this unfortunate misunderstanding". (Use those words and send it all back CRRR) Second; It's YOUR (your adversary) responsibility to prove this alleged debt. I've legally requested proof which apparently you don't have, otherwise you would have sent IT rather than a FA. Remove this account immediately if not sooner, or I shall initiate legal action. End of story. See?
Ah, Butch! Helpful in so many ways. Thank you. I think I get it now ... the burden is thiers to prove, so make them prove it, right? Initially, I was unsure since I have a read a few older posts of those who got deletions by completing the fraud affidavit ... but what I understand you to say is "at what cost?" because the "fraud implication," as you deemed it, is something that could bite down the road. Duly noted. thanks for everyone's help. peace, delilah
Whenever an OC sends a fraud affidavit it always has, as an intrinsic component, the implication that a fraud has occurred ================================= Why do they think fraud is the only reason there could be a problem with an account?
Re: Re: Re: Re: Re: Re: Capital One fraud affidavit Carefully watched? My, the powers impotent people think they possess... The original poster was asking if it was OK to be dishonest, and possibly commit a crime. If you think it's ok to do those things, you might want to stop giving advice to others.
Re: Re: Re: Re: Re: Re: Re: Capital One fraud affidavit I'm sure Butch will take your "advice" to heart, since he helps many people here. And since you do not, I am sure you will be allowed to continue your "verbal beatings" of people who simply ask questions. You must think this is the MSN YM board. Wrong. Verbal beatings are not smiled on here. And if the board admin ignores you in the interests of free speech, the regulars will not. Your posts are a waste of disk space and bandwidth. Why are you here?
Re: Re: Re: Re: Re: Capital One fraud affidavit Not to fool them but to make it harder to lift it off the actual document and place it on a new one
Re: Re: Re: Re: Re: Re: Re: Capital One fraud affidavit I'm curious too much, Why you firstly always assume there is a crime going on or someone is being dishonest; no one paying their bills. All of your responses, ok, negative attacks and verbal beatings, are based on that premise and you don't offer any constructive advice. Why are only consumers wrong? I'm thinking should consumers always be wrong, there would be no FCRA nor FDCPA responding to the abuses and wrongs. In fact, did you know, that as part of the enactment of the FDCPA it was established, by everyone involved, CA's and creditors included, that only a tiny fraction of people try to escape their debts????? A fraud affadavit isn't an acceptable response to a dispute. Nor does it fulfill the responsibilities of an information furnisher. Disputing doesn't = fraud and the affadavit isn't the required verification. Hold them to the specific procedures on that one! Sassy
Re: Re: Re: Re: Re: Re: Capital One fraud affidavit Yes, I knew what you meant. All they'd do was simply cut out the middle (date) and connect the first and last name back together.
Re: Re: Re: Re: Re: Re: Re: Re: Capital One fraud affidavit Your assumptions about my assumptions are incorrect. The original poster wrote : "Should I sign illegibly? Or with my other hand? etc.?" If this isn't an obvious attempt to deceive the creditor, I don't know what is. The poster has two choices -- do the right thing, or try to be dishonest. By the tone of their original post, it was clear that they were looking for the dishonest way to deal with the situation. I believe that everyone should pay their bills. If they cannot do so, there are protections for them (bankruptcy court, lender's hardship programs, etc). Some of the alternatives offered here (make 'em prove that you owe it, stone-wall them, etc) are simply wrong, in my opinion. However, just like the people who advocate ripping off a lender have a right to post here, I have a right to say that I think it's wrong to try to evade your legal and moral obligation to repay a debt. I am not pro-lender/creditor. As I've said in many posts-- most lenders are scum. They sell you the rope to hang yourself. The main reason most people accept the rope is that they are simply too stupid to understand the consequences. In my opinion, a credit advice message board should be a lot more about preventive education, rather than educating people on how to get a CL increase, lie on a mortgage application, or how to evade a valid debt. Those "solutions" only serve as a band-aid for the underlying problem --- a lack of responsible financial planning.
