does anyone know what this affidavit entails? once I fill it out will the account be removed from my credit file? see my previous post below, re GENESIS FINANCIAL: sent 2 validation letters 1st letter no reply 2nd letter received a letter with their company letterhead. stating who they claim the account is from, date debt incurred and amount of debt. I then forwarded to them an intent to sue letter with copies of the BRENNAN vs Spears case, and the WOLLMAN letter attached. no reply to my intent to sue letter.But in the meantime I find that it has been deleted from EXP & TU. So I call to find out why they havent replied with the requested proof.I spoke with Tina Carter in compliance dept who states that by law, according to the occ and "industry standards" they are not required to maintain applications beyond 24 months. I have no record of this account. and told her this.. she asked me why I am just now questioning the debt when it has been on my report since 1997. I told her I just found out about it a few months ago and did not see it on my report before. She then asked me for my address, ss# and lots of other detailed questions and asked me if I wanted to claim fraud on this account. She told me I would need to fill out an affidavit and send proof of my address in 1997 and thereafter, she also told me I needed to supply a copy of my social security card. SHOULD I JUST GO AHEAD WITH THE LAWSUIT? or should I fill out the fraud affidavit and give them all of my information? Has anyone done this before? ANy info would be greatly appreciated. Suzy Q
Fraud Affidavits are merely items that CA's use to scare us and make us not focus on the issue at hand: THEIR inability to validate. Don't fill it out unless you are truly a victim of fraud. Furthermore, see my words below:
depends on what you want.. if u want to just get rid of the tradelines the easiest way possible is to fill it out and have them remove it ASAP. make sure you get a copy of the letter or UDF tho
thanks for the replies. I really just want this account deleted. I HONESTLY have no idea what this account is from. Has anyone ever filled out a fraud affidavit? How I am to show PROOF of my address from 5 years ago? What if I don't have this information? I think I may just file suit. I hope I haven't screwed up by calling them...
You haven't messed anything up by talking on the phone, I just wouldn't do it again. They are NOT providing you any solid validation. From what it looks like, you are trying to get this off of Equifax, since it's already been deleted from Exp and TU. Did you request an investigation with Eq and did they verify. If so, I would send everything you've gathered so far about their inablity to validate and send it to Equifax. I'm just a little leery of filling out the affadavit, because what if they do come up with a signed contract after you sign the affadavit? What if they were lying about not having it and they are trying to trick you? I don't put anything past CA's anymore. If you are ABSOLUTELY 100% positively sure that this is in no way shape form or fashion your account or "debt" fill out the affadavit and have them delete the trade line. If not, you might be getting yourself in deeper.
Check out the fdcpa. You do not have to validate your identity, they have to validate their debt claim. I would not fill out anything, or give anyone any information whatsoever. What would be the purpose?
if I filled out the fraud affidavit and had the collection agency delete it that way..will there be a fraud "flag" placed on my credit file? has anyone ever filled out one of these forms, if so, what do it entail? any further info is greatly appreciated.
