I recieved a letter a month ago about a Bank of America account that is 180 days past due. It is NOT my account and never was. I immediately checked my Experian credit report and there it was,.....almost $16,000 past due. I immediatley called BoA and told them that the last name and the address are wrong and that I hadn't lived at that address in almost 15 years. In fact, I have lived in a totally different state for the last 10 years. I got tossed around from collections to fraud and basically got no where. The end result of the phone call was that they say the SS#'s match so it is mine. To make a long story short, when I checked Experian online and first saw this, I disputed it as not mine, not my name, not my address. In the mean time, I hired a lawyer who sent BoA proof that it is not my account, but he hasn't heard a thing from them since. THEN, I get an e-mail last week from Experian saying that the investigation is complete and to 'click here' for the results. I click and the account was removed, BUT, there is an inquiry from a collection agency dated a week ago! So my question is this,...does Experian delete accounts that have gone to collections? Or was this just a timing issue and I shouldn't have to worry because Experian realizes it is not my account? AND if the account was deleted, how can Experian allow a collection agency to view my report? I am really a basketcase over this whole thing and am not sure what to expect. Thanks a ton.
If they say the name and SSN match, and you did not open the account, then what you have is id theft. You need to file an id theft complaint with your local police, get a copy of the police report, and send it to BofA, and to any CRA showing it on your reports, along with an id theft fraud affidavit. Keep copies of everything you send, and send everything CRRR, so you can prove they received it. Until you file a complaint, they will ignore your claim that it is not your account, since SSN matches, and the address is one that was once yours. You will be messing with CAs, maybe law firms, possibly sued, etc, and you will have to do the above anyway, or you might get stuck paying a debt you didn't create. Check the FTC site for information on how to handle id theft. You will probably want to put a fraud alert on all your credit reports, to prevent additional accounts from being opened. When you do, you will be able to pull a free report from each of the CRAs, to check for other problems. Under the FACTA amendments to FCRA, filing a police report is the threshold for the OC, CRAs, and any CAs taking your claim seriously. You can use it to legally force them to stop all collection attempts against you on the account, remove all information about the account from your reports, block reinsertion, and block selling the fraudulent account. If you have sent them a police report and fraud affidavit, you can also request information on the account, such as copies of the application, statements, and charge slips, from BofA, that might be useful in determining who opened it, and what id information the thief might have to minimize future risk. Since Experian finished their investigation and removed, what did they say was the result of their investigation? Since they are showing an address you had lived at years ago, based on that address, and any info you may have on when the account is opened, are you likely to be dealing with id theft by a family member, id theft by a housemate, possibly after you moved out, or id theft due to CC applications sent to that address after you had moved, or some other possibility?
Thanks ontrack. I did the faud alert and the police report when I first got the letter from BoA. My attorney sent the report and other proof that I haven't lived at this address/state for ten years and that the names are different to BoA but he has not heard a thing from them or anyone else yet. The Experian dispute results show "reviewed" which, according to the legend, means that the account was either 'updated or deleted'. The Investigation Results box is totally blank. When I clicked on the 'View Report' link, the account is no longer there, BUT there is an inquiry from a collection agency dated a week ago which is in the "Inquiries viewed by others" section. After 'googling' what Experian 'Reviewed' means, I think it means "We have no proof now but will add this again whenever we feel like it". Or something similar. If not, then why didn't they report it as deleted? I think the account may have been opened by someone who lived at the address after I did, but am not sure (it was an apartment). I'm just not sure how they would have gotten my SS# just from living at an address that I had previously lived. When I first got the letter from BoA and called them, they said they would send me copies of the statements, but it has been over a month and I have not recieved them. My attorney also requested this and again, he hasn't heard a thing. My concern is that BoA already sold this account which is why they are not responding. AND that I am going to be harassed by Collection agencies for years over this. Thank again.
They could have received some of your mail, such as from an employer or medical insurance company, or even a drivers license notice. Ten years ago, it was common to put SSNs on paystubs, and use them for insurance account identification. That has only been phased out in the last year or two. In some states SSNs are used on drivers licenses. Pure stupidity. Follow up with Experian, calling if necessary. It may be that "reviewed" means what you suspect, in which case notify them that this is a fraudulent account due to id theft, and send them your police report and fraud affidavit as proof. Then they will remove for the right reason, as id theft under FACTA, which should be more effective at keeping it off should BofA try to reinsert. Just as BofA must legally remove reporting of fraudulent accounts under FACTA, the CRAs must also remove when presented with a police report and fraud affidavit. That applies to ALL information on the fraudulent account, including inquiries due to collection attempts on it. If BofA's response on receiving your fraud report was to just sell it off, go after them. Demand all information on the account. Sold or not, FACTA gives you this right. Have your local police detective request the same information. It's a $16K id theft after all. They wouldn't ignore a $16K burglary or car theft. File complaints with your state AG if you have to, or your attorney may be able to take legal action against them for the sale. All reporting of it is by definition erroneous, and if they knew it was fraudulent when they reported, it is willful. The sooner you make them treat the account as the id theft that it is, the faster they will take it out of circulation. Sometimes the most direct path to forcing the other party to do what the law requires is to frame your legal action in terms of monetary damages instead. They may still think they can recover their $16K, perhaps bully you into paying it, or sell it off for something to a CA, and they don't want to admit it is not an asset, but they were conned and it is a loss. All of a sudden, when there is more money at stake that they might lose, fixing things can become easier. They will happily do stupid things, they just don't want to pay money as a result. Regarding the CA, you can take an aggressive approach and send them a letter demanding their reason for pulling you reports. You did not open an account with them, giving them permissible purpose under FCRA. They will probably reply with a dunning letter, in which case you should know what you are dealing with. Notify them the account is fraudulent, they are barred from further collection or sale, and send them copies of the police report and fraud affidavit. Demand copies of all documentation they possess on the account, and demand that they notify the CRA that the inquiry was to collect on a fraudulent account due to id theft. Or if they just say they have permissible purpose for a collection account, you can pull them into court over their alleged "permissible purpose", they have to defend with information on the account, and you have FACTA and your fraud report. You may or may not collect damages, but you should be able to block further sale of the account. You can again contact the CRA, and notify them the inquiry was to collect on the fraudulent account, and demand its removal.
Thanks so much Ontrack, you have been more helpful than the state and my attorney put together! Well, here's the update: The person who opened the account was my late mother's uncle who died in January of this year. I'm still confused as to how he got my SS# etc since he never lived at the address on the account, but he did live with my mother for a few years who I did forward my mail to occasionally when I was in between moves way back then. I guess he paid the account, at least the minimum balance since he opened it. Now that he is dead, BoA STILL says the account is mine and it is NOT id theft or fraud REGARDLESS of what I filed with the police. I think because it is a family member they are not taking it seriously. I am wondering if because the case is not "prosecutable" because he is dead and has no assets, if BoA is ignoring the id theft police report? I also found out from another distant relative that he died owing about $100,000 in credit card and gambling debts, and no assets. I assume that at least some of the other cards were also taken out in other family names but am not sure of that yet. I've been estranged from this branch of the family for 15 years (can you guess why?) and getting info is like pulling teeth. Anyway, Experian still is not reporting this account, BUT Equifax and Trans Union are now reporting it under another account number, which I assume they got from BoA. They state it was 'verified' from BoA ....but of course NOW BoA has my current name, address, etc.... because of my initial phone call to them and from my attorney's letters! My attorney basically told BoA that we are well prepared for a lawsuit and I've also discussed with him a countersuit. We're both waiting for their reply. I guess I'm just dumbfounded at this point that this kind of thing can happen to someone. The burden of proof seems to be too much on the innocent party when it comes to the Credit Card companies and Credit Reporting Agencies. I also think that if this twice-removed "uncle" was still alive, BoA would have been more than happy to help me and straighten this whole thing out with a phone call or two, but since they know they can't get the money from a dead guy,...and a broke dead guy at that,...they figure they'll try to squeeze the working guy with a good job, credit history, home etc... What a joke. Thanks Ontrack though,......you cannot imagine how helpful you have been. Sincere thanks. P.S. Here's another tidbit to add to the "what a crock" list--> When this first happened, I called the AG, was referred to Commissioner of Financial Regulation. As per their request, I documented everything and sent it to them. I asked at that time "Should I call my attorney? " Answer: "No, let us do our job first!" I called attorney anyway. Yesterday, five weeks after contacting Commissioners office, I get this letter-> "Before we can assign or investigate your complaint, we need the following inofrmation......" Then it lists a bunch of stuff I had already submitted. Like I said, what a joke.
""Before we can assign or investigate your complaint, we need the following inofrmation......" Then it lists a bunch of stuff I had already submitted. " Then send it again, this time Certified, so you can show they got it. You might call first to verify what specifically they need, whether they have anything you sent, and to who specifically you should send it. Don't give them a reason to do nothing. Also realize that state agencies dance to the tune of the legislature, since they approve their budgets. If they do not respond adequately, you need to talk to your local legislator, or to one that either regulates that agency, or sponsors legislation dealing with financial privacy or id theft. You might be surprised how responsive they can be when they want to be. "I also think that if this twice-removed "uncle" was still alive, BoA would have been more than happy to help me and straighten this whole thing out with a phone call or two, but since they know they can't get the money from a dead guy,...and a broke dead guy at that,...they figure they'll try to squeeze the working guy with a good job, credit history, home etc..." As long as they have no financial incentive to treat this differently, they can afford to leave it as yours. Under FACTA, it may not be legal, but it doesn't cost them until you make it cost them. You can hope that they will do the right thing, but you must proceed as if this will have to go to court. That is your strongest hand, and if you don't play it, they will assume it is actually your account and you are just trying to get out of it. They may figure that even if it is not yours, since the address once was yours, they would have no liability if they left the fraudulent account on your reports. Of course, "verifying identity" only by checking that the address of an application matches one that was once reported as yours is how they got into this mess. In the mean time, they figure they could get lucky. You might want to finance a house, in which case they will get paid whether they can prove it is yours or not. They just have to keep pretending they don't "know" the account was opened fraudulently. That is why you want to be able to show that you have disputed this every way you could, both with OC, CA, and CRAs, that you have filed all required police reports and notarized affidavits swearing that the account was fraudulently opened without your knowledge, and that you did not benefit from it, and can prove they received them with your demand to remove. You need to be able to show not only that it was not your account, but that they were notified of that as required by FACTA, and therefore they knew or should have known it wasn't your account, and that they basically have no legitimate excuse for failing to remove this from your reports, and should be subject to payment for the resulting damages. In other words, you want it clear that their failure to remove is "willfully" in violation of FACTA, subjecting them to the possibility of substantial, and if possible punitive, damages. You also want to be able to document those damages: denial of credit, damaged relationships with other creditors, higher rates, etc. When you go to court, you want their attorney telling them "We aren't going to win this one, and it might even cost us a bundle, so you better cut your losses." You might also study this case to see what was, and what was not, effective: http://www.myfaircredit.com/forum/viewtopic.php?t=3025
You might find that the CRAs are very inclined to remove the fraudulent accounts in response to your id theft report and affidavit regardless of what position the OC takes. FACTA places strict timelines on their response to your id theft dispute. There is no upside for them if they are caught in the middle. In fact, check whether FACTA also places such timelines on the OC's response. Since that is also a dispute directly with the data furnisher, the new FACTA requirement that their investigation actually be "reasonable" may also apply. Id theft, by it's very nature, cannot be verified just by checking name and address. Such a cursory "investigation" (on an alleged $16K debt?), in the hindsight of the court, would likely not be "reasonable". If, for example, the police report indicated that the fraud was suspected to have been done by your uncle, whose address at time of death matched the account billing address, and the payments were made from his accounts and stopped with his death, a court might think it was obvious. More ammunition to use in support of liability for damages if you need it.
It sounds so simple at first....just a little ol mistake.... Then you awaken to the unfolding nightmare... When are we Americans going to stop this abuse!
