How dumb is this?

Discussion in 'Credit Talk' started by NanaC, Aug 21, 2001.

  1. Nave

    Nave Well-Known Member

    Nana, tell them:

    "In order to verify I did not make this inquiry, please call this number ###-###-####"

    And give them Maurice's phone number :)) LOL

    -Peace, Dave
     
  2. bbauer

    bbauer Banned

    or send them the phone number that you see on the back of some pickup trucks on a little sign that says

    If you don't like the way I drive, call 1-800-eat-****
    If you have not seen the little sign or bumper sticker and know what those last 4 letters are, I'm not going to enlighten you.
     
  3. Marie

    Marie Well-Known Member

    Well, Iâ??ll be a Huckleberry! This is what I'd do.


    XYZ Empowered Consumer
    123 Honest Street
    Sisyphus, XX 12345

    Date

    Mr. Jak A. SS
    IAMCROOKED Bank
    666 HELLo Lane
    Hades, XX 66666

    Re: Second notice of fraud, Affidavit of Fraud, Notice of FCRA and State violations, and Notice of Impending lawsuit

    Dear Mr. SS:

    On x (date) I contacted your company and put you on notice that I saw an inquiry dated x on my X credit report. I informed your company that I have NEVER applied for credit with your company and did not authorize your company to receive my credit report. I requested a thorough investigation of the matter.

    Instead, you have given my only an UNSIGNED application for credit with information on it and acted as though that concludes the matter. This is an utterly ludicrous and maliciously harmful response to my request for an investigation. Time is of the essence in incidences of fraud!

    Your companyâ??s casual attitude leads me to believe that your personnel are either being purposefully obtuse so as to avoid doing a proper investigation, or they are being appropriately slack because security isnâ??t a priority to your company. This is completely unacceptable.

    For clarity, I restate the following:
    This alleged application is an incident of FRAUD.
    I did not apply for credit with your firm.
    I did not authorize your firm to review my credit.
    Either an outside individual or an individual inside your firm committed this fraudulent application.

    Your callous attitude towards my situation leads me no choice but to refer this to not only the proper state police and regulating agencies but also to my counsel. I must protect myself and my community from companies who take the integrity and sensitivity of consumer financial information so ridiculously lightly.

    Please be advised that I am financially capable and emotionally willing to pursue this matter to its appropriate conclusion.

    Off the top of my head, I can count several serious offenses this situation constitutes, including but certainly not limited to:

    Negligent enablement of identity fraud
    Defamation
    Willful noncompliance of the Fair Credit Reporting Act
    Negligent noncompliance of the Fair Credit Reporting Act

    Your companyâ??s conduct, actions, and inaction also constitute false, deceptive and/or illegal business practices in my state.

    As you are already aware, your actions, inactions, and inaccuracies have resulted in my suffering actual damages, extreme mental anguish, emotional distress, humiliation, and damage to my reputation for credit worthiness.

    I am allowed to recover actual damages, costs, and attorneyâ??s fees. Since your actions are now willful, you are liable for punitive damages as well.

    I am sure my attorney can make a more exhaustive violations list for your review in what will now be our pending litigation.

    As a final courtesy and as my last act of goodwill, I am giving you and your company 15 days from receipt of this letter the opportunity to rectify this appalling situation.

    As part of this letter I am including an Affidavit of Fraud, signed and notarized, as the appropriate legal proof that I did not apply for credit with your company.

    I hereby demand that your company:
    1. Investigate this matter with the seriousness and attention it deserves. Institute a fraud investigation and provide me with all information available concerning the applicationâ??s origination.
    2. If the perpetrator/s is discovered, your company will press criminal charges against that person or persons. I will do the same.
    3. As identity theft is prevalent from INSIDE companies extending credit, I require a list of all personnel in your company who have been privy to my sensitive financial information. I must access the severity of the compromise to my security and privacy.
    4. Immediately delete the â??inquiryâ? from any and all affected consumer reporting agencies (included but not limited to Equifax, Trans Union, and Experian).
    5. Mail me a confirmation letter detailing the nature and results of your fraud investigation and a confirmation that all inquiries have indeed been removed from my credit reports.



    AFFIDAVIT OF FRAUD

    To Whom It May Concern:

    I, ______________, of ___________________________, do attest and affirm that on XX I did not apply for credit at _________________________________________________.


    Signed: ____________________________________________
    Dated: ____________________


    Notarized: __________________________________________
    Date: _____________________________


    As time is of the essence, I certainly hope you will now act in an appropriate and professional manner so we may conclude this matter without costly litigation. As certain Federal and State statutes provide for liability of individuals who act inappropriately with respect to those statutes, you may wish to seek counsel not only your company but for yourself before proceeding. Have a nice day.


    Sincerely,

    IAMVICTORIOUS Consumer
     
  4. NanaC

    NanaC Well-Known Member

    LOL, Bill

    Marie! Wow!!! That'll do it! :)
     
  5. breeze

    breeze Well-Known Member

    I wonder why their inquiry system is so sacred that they will not even investigate??

    breeze
     
  6. bbauer

    bbauer Banned

    I often wonder if the fact that proper verification, validation, investigation, whatever, might take a little bit of work and expenditure of brain power?
     
  7. Mist

    Mist Well-Known Member

    Marie,

    Bravo!!!!
     
  8. Marie

    Marie Well-Known Member

    Honestly, I'd put fraud warnings on all my reports and I'd actively try to catch the "ex-troll" or whomever using your credit and send them to jail.

    Impersonating someone for the purposes of obtaining credit is serious.
     
  9. breeze

    breeze Well-Known Member

    I told her a while back to press charges. I think it's the kids and grandkids relationship with the ex she is protecting.

    breeze
     
  10. Marie

    Marie Well-Known Member

    Gotcha. Didn't think about that. Well, if pressing charges isn't an emotional option...

    When you live in a smaller area sometimes the police will go out and talk with someone without it being formal.. Just a "this stuff has got to stop" kind of talk...

    How about the logical one of going ahead and making it as difficult as possible to be impersonated.

    Fraud warnings on all reports.

    Consumer statement "Please verify identity before issuing credit"

    What else can be done?

    If there was proof of ss fraud... she could apply for a new social security number but that would require a police report...
     
  11. SofaKing

    SofaKing Well-Known Member

    NanaC-

    Tell him as soon as he proves he was not behind the grassy knoll in Dallas on November 22, 1963, you will prove you didn't apply for the credit.

    SK
     
  12. bbauer

    bbauer Banned

    That ought to make them bite the bullet, NanaC:
    LOL
     
  13. breeze

    breeze Well-Known Member

    Marie,

    Is there some kind of "cease and desist" she might be able to get from one of the courts, you reckon? Without any charges being brought.

    breeze
     
  14. Marie

    Marie Well-Known Member

    I don't know...

    this is sensitive. But, if a creditor gets a fraud application and approves it then gets stiffed for the money the creditor WILL file criminal charges or come after her for the money.

    I'd really at least put warnings on all the reports.

    If someone in my family was using my id to get credit I think my family would understand that action would have to be taken.
     
  15. breeze

    breeze Well-Known Member

    I would file charges too. But most people won't.

    breeze
     
  16. NanaC

    NanaC Well-Known Member

    SofaKing..that was hysterical!

    Marie, yup, it's the kids and grandchild...I have been to court for chid support, medical payments, medical coverage, etc...(I won!) but that was civil and we came though ok. This would be criminal and that is a different story emotionally. Ex is obviously not real stable and he has put them through so much...well, it's a long story but I'm sure you understand. (Would you be surprised if I told you he LIED like a dog in court? It's ok, the judge saw through him!)

    When the ex-troll's wife used my SS# for her car insurance, and they discovered this (my first clue what was happening when I tried to buy insurance and they told me I already had it), I really thought they would follow through...but they didn't...only made the changes and I think she has some sort of alert (as I do) should she try again...

    I've had all sorts of "fun" with Kay's Jewelers and doctors and hospitals galore! :( That doesn't even touch the inquiries I'm dealing with. The CRA's have alerts.

    P.S. The guy who has been writing me hasn't responded since I told him the burden was on him...imagine that!
     

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