cc charge-off,not mine

Discussion in 'Credit Talk' started by jcr, Aug 11, 2003.

  1. bizwiz41

    bizwiz41 Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    JCR,

    I know you've had to read through a lot here, but.....

    LBROWN59 IS 100% TO THE POINT: SEND THE VALIDATION LETTER ASAP! THE BURDEN IS ON THE CA OR CC Co. NOW TO PROVE LEGAL RESPONSIBILITY! SEND THE LETTER CERTIFIED, WITH RETURN RECEIPT REQUESTED...

    THEN..ONCE YOU HAVE THE SIGNATURE RECEIPT BACK DISPUTE THIS ENTRY ON YOUR CREDIT REPORTS WITH ALL THE AGENCIES LISTING IT.

    DON'T WORRY ABOUT THE FRAUD ISSUE WITH YOUR MOM YET. 1st things 1st.......Take care of YOUR credit report.

    The BEST evidentiary documentation for legal responsibility will be the SIGNATURE CARD. START THE PROCESS...LET THEM SUPPLY IT (OR NOT!).

    Definitely don't mean to sound harsh here, but follow the process. Don't worry about "Too strong language" in the letter...The CA didn't worry about it when they called you (which per your recantation, they violated several laws already!!) They will know you mena business.

    Again JCR, until you send the Validation Letter, this is all just conversation that is not going to solve anything.

    Go Get 'Em!!...

    "On my command...Unleash Hell"
     
  2. jcr

    jcr Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    Yea Bizwiz,I came to the same conclusion,enough talk ,time for some action.I have the letter printed up,put in a sealed envelope,will be in the mail today.I'll let you guy's know as soon as I hear something.


    thank's JCR
     
  3. Gersh

    Gersh Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    Like he said:

    "SEND THE LETTER CERTIFIED, WITH RETURN RECEIPT REQUESTED..."

    very important
     
  4. jcr

    jcr Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    This is something I noticed on my credit report,there is a section marked COLLECTION ITEM'S,and there is a column for each of the three CRA's,all three are blank.I don't know what my point is with this,just seem's like an inconsistency.

    thank's JCR
     
  5. jcr

    jcr Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    I'm on it Gersh,thank's.

    thank's JCR
     
  6. bizwiz41

    bizwiz41 Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    Re: your credit report, if the "Collections" items are blank (on all three reports), then the "CA" that called you is either not reporting, or has "pulled it" (You might have scared them off with your phone call!)

    The next question is: Does your Mom's CC acount show on any of your credit reports?
     
  7. jcr

    jcr Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    Yes bizwiz,her account show's up on all three.

    thank's JCR
     
  8. jcr

    jcr Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    Oh yeah another thing,mailed the validation letter today,CRRR.Wait and see now.


    thank's JCR
     
  9. bizwiz41

    bizwiz41 Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    JCR,

    If the acct shows up on all three, how is it described; joint, authorized user?

    This makes it a little "stickier", but you've done the right thing, mailing the validation letter. So, it is wait and see.

    Push this until the "signature card" is produced. Well, they have 30 days after they receive the letter, so sit back and wait.

    Again, Good Luck!!
     
  10. sassyinaz

    sassyinaz Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    Good on you for requesting validation, jcr

    NO ONE can enter an agreement on your behalf, your mom doesn't get to decide if you are a co-applicant or not, only you do.

    Ya'll MUST go look up identity theft -- intent isn't an issue nor is all the bogus definitions of fraud floating around.

    If someone used your information, jcr, and you didn't agree to it (read sign and enter an agreement -- you're an adult, yes?) then you're not liable.

    Go to the FTC site and fill out their ID Theft Affidavit and be done with it.

    Sassy
     
  11. jshimmer

    jshimmer Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    Bogus? Perhaps you should invest in a dictionary, my friend. They are spot on.

    And the proper word was "are", not "is".

    JCR is doing perfectly. At first, I thought he was CERTAIN that he was joint applicant (versus AU). Now that he's not sure, then DEFINATELY dispute.

    If they can't come up with the application, then they have to come up with some other paper trail (your card being used, your signature, your checks used to make payments on the account, bills sent to YOUR address with YOUR name on them, etc.).

    If they can't produce that, then they're pretty much SOL (and I'm not referring to the statute of limitations here ... hahaha).
     
  12. sassyinaz

    sassyinaz Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    They're spot-on transcribed definitions of fraud from varied dictionaries.

    They still don't have a thing to do with the definition of identity theft nor the laws relative to identity theft nor what constitutes a contractual obligation nor whether or not he is liable.

    Sassy
     
  13. jshimmer

    jshimmer Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    You don't have a clue, do you? Technically and legally, identity theft IS identity fraud. Let this help:

    Fraud generally involves the perpetrator securing a benefit, usually a financial benefit, to which they are not legally entitled. Fraud employs deception to obtain any benefit. Criminal deception is the key to any fraud.

    Some examples of fraud include; fraud against government, insurance fraud, taxation fraud, medical insurance fraud, identity fraud, currency fraud, credit card fraud, mobile phone fraud and possibly the fastest growing fraud that is proving to be a problem for investigators and legislators, computer fraud or internet fraud.

    In committing any fraud the perpetrator, at some stage, must resort to saying things that are untrue. So much in our lives is based upon trust. We rely on each other not to betray that trust so that our lives can progress orderly and ethically. Perpetrators of fraud conduct their illicit business by betraying this trust (deceit) usually in the pursuit of committing a fraud motivated by greed.

    Fraud thrives on a diet of deceit, lies, abuse of trust, lack of integrity and probity and greed. Fraud is both legally and ethically wrong. What is really wrong with fraud can best be demonstrated by considering what the aftermath may be if fraud is permitted to prosper.

    You see, identity theft *IS* fraud.

    You need to head back to Criminal Justice 101, my friend.
     
  14. sassyinaz

    sassyinaz Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    Here's a clue, you're spewing at the keyboard with nothing to back it up.

    Here's the law, FEDERAL, check your state laws for more than the minimum protection.
    http://www.ftc.gov/os/statutes/itada/itadact.htm

    Here's the FTC's website for identity theft specifically:
    http://www.consumer.gov/idtheft/

    What's In a Name? Potential Problems and Liability for Financial Institutions Arising out of Identity Theft
    http://www.buchalter.com/CM/Articles/articles228.asp

    Victim's workshop transcript:
    http://www.ftc.gov/bcp/workshops/idtheft/transcripts/001023.htm

    Maybe it's all too complicated, I dunno, perhaps you should first review the ID Theft Affidavit.

    Sassy
     
  15. jcr

    jcr Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    Bizwiz,two of them report as joint,the other as co-signer.

    thank's JCR
     
  16. Butch

    Butch Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    Naturally, we ALL know that ID Theft is fraud by it's very nature.

    The Department of Justice, even today, draws no distinctive difference between ID Theft and ID Fraud.



    A Distinction Without a Difference:


    What Are Identity Theft and Identity Fraud?


    http://www.usdoj.gov/criminal/fraud/idtheft.html#What Are Identity Theft and Identity


    The short answer is that identity theft is a crime. Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain.

    What we're trying to do, is figure out how to deal with this without getting JCR's Mom into a jam. Fraud Affidavit therefore, may be the last thing JCR wants to do.


    :)
     
  17. bizwiz41

    bizwiz41 Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    JCR,

    We have a "crack" in the armor!! Hold onto those reports. You will need to use the "AU" report against the other two! Since there is a discrepancy in info coming from the SAME reporting company..you have leverage.

    The MINUTE you get the GREEN CARD back from the Debt Validation letter, DISPUTE the report with all THREE Credit Reporting Agencies as "Not Mine",No Knowledge of Account", etc.

    Post back when you have the card, we'll help with the dispute if you need it!!

    Hang In There.

    P.S. With all this about your report, How is your Mom doing through all this??
     
  18. jcr

    jcr Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    Thank's Butch,took the word's out of my mouth.

    thank's JCR
     
  19. jshimmer

    jshimmer Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    You are obviously a fool and a troll, and not worthy of nor capable of a legitimate conversation regarding this subject. The text in my message *DID* come from a document from the FTC; the URL is at home in my 'favorites'.

    In order for me to "steal" an identity, I have to DO SOMETHING WITH IT, such as apply for a credit card with your information, buy a car with your information, etc. Do you think if I called up the authorities and said, "Hey, Sassy 'stole my identity', but I have nothing to prove that you "did" something with it, do you think they're going to spend even a minute considering the situation? No, they're not.

    "Hey, I just "stole" your identity". How did I do it? I just claimed to have done it. It's a crime all by itself, so let's see if you can have me prosecuted.

    What kind of ignorance is that?
     
  20. jcr

    jcr Well-Known Member

    Re: Re: Re: Re: Re: Re: Re: Re: cc charge-off,not mine

    So bizwiz,I am guessing from your last post that a joint account is different fom a co-signed account.For the record ,EQ and TU report it as being joint,while EXP report's as co-sign.MY mother is O.K,she want's this cleared up as much as I do.

    thank's JCR
     

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