I ordered my credit report online from Equifax on 7/24/02. On 07/25/02 I initiated an on-line dispute for 2 entries. Since then, i have spent alot of time reading on this board. I disputed that the account was not mine. Yesterday in the mail, I received a letter stating "... We received your dispute from the credit reporting Agency... After researching your dispute, including a review of our record related to the account, we are unable to clearly determine your responsibility for the account..." They went on to state that they have reported the account as in dispute pending further incestigation. They said that if I wish to continue the dispute, i need to complete and sign the Affidavit of Fact Fradulent Crediut Application and someone from the fraud department will contact me. DOL 11/98. Has this happened to anyone else? i would love a little guidance and advice. Thank you
Yes. I got this exact same letter. It's what I'm referring to in my recent post. I did not send back the affidavit.
In the words of Lizardking, "Deny, Deny, Deny" and then "sue, sue, sue" If i am not mistaken (please check for yourself!) Lizardking also did the same thing, signed the affadavit (even tho' it was his) and the tradeline disappeared and that was the end of it. So if you feel comfortable doing that, then go right ahead. Again, please check other threads, as i am not an attorney, nor do i play one on t.v. humblemarc
BTW: Is it a violation of some law NOT to fill out and return an affadavit when disputing an account with an OC? I am having the same problem with Fingerhut.
I don't know. He fixed all of his problems with his lawsuits with the CRA's, so he only drops by every once in a while. You could try finding one his links, and then try to email him directly, (if his not blocking emails). but i'm pretty sure he replied to hotsauce's thread.( see above) humblemarc
I read old posts and the information is conflicting. Some say sign it, that they just want it for their files. That it is not some trap. Others ssay don't sign it because you are not required to. They say wait the 30 days and send them the letter to remove it. Anyone been through this? I am a scared newbie who doesn't want to end up in a worsse situation. Love this board!
In my case, the tradeline had already diappeared before I received the fraud letter. I'm not sending it back. If they can't validate I don't even want to acknowledge that I received the letter.
Quick question; Is the "under penalty of perjury" included in the affidavit? If so please tell me what it says. Best of your knowledge and belief etc.? Are you expected to notarize it?
If it is to the "best of your knowledge and belief" then I would think as long as you don't remember having the account you are not lying.
No, it does not require notarization or a witness. I believe I am going to ignore it. Thanks everyone for the help
I got these same letters too. I'm also wondering if it's a trap. It just states "This affidavit of fact is true and correct to the best of my knowledge" Doesn't say anything about perjury etc. Interesting though they don't ask for a Notary or Signature Garauntee. Two of my Wachovia accounts were taken over by First USA. I'm wondering if this is part of the confusion on their part. It seems that I could legally say I didn't apply with First USA. I applied with Wachovia.
======================== Did you claim it was fraud? If you did not then I don't see where such a letter would even be a proper request of you. As far as I'm concerned the affidavit isn't remotely applicable to the situation. I didn't see anywhere in the Consumer protection laws where you are required to sign any kind of an affidavit in order to assert your rights under them! If they can't blame you for their screw ups they try to blame some stranger out there in general public land instead.
There wan't any fraud....I think because I disputed as not mine they are shifting it to the fraud dept. I think it might be a trick to scare you into into disputing.
When you claim fraud don't your name go into some kind of "pot" (like an alert pot) or that 4th CRA (can't recall name of it)??
