You might remember that I disputed a c/o CC and asked the OC for proof that it is my account. 1. OC sent a fraud affidavit. 2. I sent a letter back saying, basically, the burden is not mine ... you need to have proof that this is my account or else you need to take it off my credit reports. 3. Yesterday, they sent me ANOTHER fraud affidavit. Actually the same exact form letter but with a different date. Any suggestions on how to handle this? my thread on the first affidavit got all tense with a poster accusing me of trying to be decietful about owning the debt. So let me just put this out there -- I am not sure if this is my account or not. I don't know if there has been fraud ... there could have also been bad book keeping by the OC, or by me. The fraud affidavit asks for information (including three versions of my signature) that could be used to "create" a contract with the OC. I am not interested in signing the fraud affidavit as I fear it may be sent by the OC with duplicity because they don't have the proof. thanking in advance for any help you can offer. peace, delilah
They need the fraud affidavit as your sworn statement that the debt is not yours and was an act of fraud against both them and you. BUT, that doesn't mean you (a) have to use their form or (b) have to give them any exemplars (samples) of your signature. A simple notarized affidavit saying that the alledged account with XXX company is not yours, was not opened with your knowledge or consent, was not used by you and that you recieved no benefit from it should be sufficient as an Affidavit of Fraudulent Account. You should sign it and have it notarized. The Notarial Act by itself establishes the signature on the Affidavit as yours. Just word the Notarial Statement as "Came before me and known to me to be ________ (your name) who executed this instrument and swore that (s)he did execute the same." No exemplars should be needed or provided.
Ok, exemplars aside, I am having trouble understanding why returning any statement to an OC, much less one made under penalty of perjury, is required in order for them to perform as they are statutorily required to. And turning to your last post, if there is some value to the OC not having an "exemplar" of this individual's signature, why would you advise him to sign an affidavit and send it back?
Re: Re: fraud affidavit persistence They are not statutorily required to just write it off and forget it. If push comes to shove, in Court it looks a lot better if the poster cooperated with the creditor in pursuing the Fraud matter than by looking secretive. The difference between an exemplar and a signed affidavit is that the signed affidavit contains an official notation taht the document was signed in front of a public official. therefore there can be no question about teh authenticity of the signature. Exemplars do not have this official status.
Re: Re: fraud affidavit persistence What I was trying to point out is that if the OC has a duty to report only accurate information, I don't understand what sending back a sworn statement saying that the account isn't hers really accomplishes. I understood her to say that the account *might* be hers, and that it *might* be reported properly but that she wasn't sure and was therefore asking that OC verify that the information it was reporting was accurate based on documentation available to it. Let's take this a step further, if she does sign the statement and then ends up in court as either a plaintiff or defendant, I think she looks a lot worse in front of a judge having signed a statement indicating that it wasn't her account, if it in fact turns out to be hers.
Re: Re: Re: fraud affidavit persistence This is exactly what I am saying. My problem seems to be that the OC is interpreting my letter of "prove that this is mine" as "this is not mine." How can I get them to comply with the "prove it" request? Do they even have to? peace, delilah
Re: Re: Re: Re: fraud affidavit persistence Simple - Dispute the bill, but invoke the FAIR CREDIT BILLING ACT, Not Fair Credit Reporting Act. Just write a letter saying something like "I am not familiar with thsi acount - please provide documentation of charges anda copy of the signed contract."
Re: Re: Re: Re: fraud affidavit persistence Before you respond to them, please review the text of the Fair Credit Billing Act to make sure you know what you're talking about. It's been extensively discussed on this board and others. Butch is probably the best source for this. Here's a good link that breaks down your rights for you: http://www.arentfox.com/quickGuide/...dvertisingRelatedArticles/brochures/fcba.html Hope that helps...
Re: Re: Re: Re: fraud affidavit persistence ok my comment on the "exemplar"... I am a notary and last time I checked you have to sign your SIGNATURE in order to have it notarized...so whether you provided a "simple notarized" anything, or en "exemplar" wouldn't that still be sending your signature? If you dont want them to have it.....do neither of them.
Re: Re: Re: Re: fraud affidavit persistence ok my comment on the "exemplar"... I am a notary and last time I checked you have to sign your SIGNATURE in order to have it notarized...so whether you provided a "simple notarized" anything, or en "exemplar" wouldn't that still be sending your signature? If you dont want them to have it.....do neither of them.
Re: Re: Re: Re: Re: fraud affidavit persistence I am a notary also. By giving them a single notarized document, you give them only one example of your signature, and that signature is vouched for as genuine by the notary. By giving them exemplars you are giving them more than one. Since very few eople sign their name exactly the same way twice, and handwriting analysis is closer to Alchemy than Science, the fewer examples of a signature the better. BUT, they have to have one with which to compare to the one in their files.
Re: Re: Re: Re: Re: fraud affidavit persistence Part of the affidavit thing is there are procedures that some banks have to delete accounts. Remember they are big institutions and a lot of the workers are like robots. First USA was big on the affidavit last year. Some people got easy deletions and for others signing it didn't make any difference. Everyone I've seen doesn't ask for it to be notorized. I'd be leary about them having my exact signature.
