Hello, Here is my situation. A couple of months ago I pulled my credit report and found a $400 tradeline listed as collection by CMI in behalf of a cable company. I called CMI and mentioned that I never lived at that address or even in that city. They asked me to fax them proof of residence and a police report. I did that. A couple of days ago I received an official letter from CMI saying that the account is now closed with them and that they will delete the tradeline. I called today to see how long it takes to delete the item, and surprise. They told me that they are still investigating the account and that I need to provide them with an ID Theft Affidavit. They said that they have no note of the letter they sent and that I should fax them a copy. This company is ridiculous. - i prove that i did not live in that city. - i provided them with a police report. - they sent an official letter saying that the matter is closed and they will delete. And now they are saying, they need more documents and no record of their letter. How should I move forward? Using their letter can I get the CRAs to delete this fraudulant line? Thanks, .Trex
Sending their letter may or may not get results, since the CRAs claim they must verify it anyway with the CA. However, you will still need to dispute with the CRAs, using the CA's own letter, to be positioned to sue the CA. The CA might fix things promptly, but you must proceed assuming they will not, in case they don't. Send a letter to the CA, listing your communication to date, including that you have sent a police report, and that they have already sent a letter acknowledging they will remove, and demand that they remove promptly as they said they would, and as required by FACTA. Include copies of both your police report, and their letter. After verifying the CA receives your second dispute, by CRRR, send a dispute to the CRA (CRRR), including a copy of the CA's letter acknowledging intent to remove, and a copy of your police report. Then file a complaint with both your state AG, and FTC against the CA. If the CRA comes back with "verified", also file a complaint against them. If they are so screwed up they can't find their own letters, you want an independent paper trail to force removal should they repeatedly screw up again, or sell the account. At this point you can assume they will do both, based on their response, so file your complaints. You want to force the issue. Time is not your friend when illegal credit damage is occurring. Document all communications in writing, send everything CRRR, keep copies from all parties indefinately (CA, CRA, FTC, state AG, etc), and send letters to memorialize any phone conversations. Make clear in every letter that this account was due to identity theft, that a police report has been filed, and list all prior communications with that party in trying to remove the account. Leave no culprit with an excuse to say "I didn't know there was any problem". If they are as incompetent as they could be, you want both CA and CRA to fold if you have to move to litigate.
Thanks for the reply. I will resend everything crrr to both CA and CRA. This is so screwed up. Apparently the charges happened in 2001, and this gets on my report in 2005. The rep acknowledged that the cable company has no record of any payment made to this account. So, should I also ask them to provide proof on how this account was opened? Back then I was in college and my student id# was my social security number. So it could have been easly stolen. Thanks, .Trex
Yes. Ask for all information. You have reported an ID theft. You are a victim of that crime separate from the cable company's loss due to the thief. Under FACTA, you have a right to this information to assist you in limiting the damage caused by the theft. If they don't respond, complain thru your police department, or contact your local DA. According to one recent report based on auditing cases, 7 out of 8 identity thefts are treated by banks and cell phone companies as non-paying customers, i.e. charged off and sold to CAs. http://www.msnbc.msn.com/id/3087443/
Also request all information from the cable company, whether they claim they sold it or not. Notify them that they allowed an identity thief to open an account in your name, and you are requesting this information under FACTA. Include a copy of your police report. File a complaint with your DA or state AG if they brush you off or claim they don't have to respond if they are not reporting. Regardless of whether they are reporting, they sold the fraudulent debt. They are the ones that allowed the account to be opened. Expect them to assist in fixing the mess.
If the CA is agent for the cable company, demand that the cable company recall the account and notify the CA that the account was opened by and identity thief. If the CA bought the account, demand that the cable company notify the CA that the account they sold was opened fraudulently by an identity thief.
