Collection Agency problems...Someone please help quick

[turkim88]

What is the name of your state? OK but I live in FL

I need some help asap...The issue is this: I recently found out that I have a number of items on my credit report in collections that were opened fradulenty. But when I called the collection agencies all the information on the accounts that were opened had all my info down to my date of birth and social everything matches. One of the collection agencies sent the account back to the original company now I have to deal with the original company. I sent proof that I did not live in that area already now they say I need to get the lease of the residence at the time the accounts were opened because the proof I have is not good enough. Do I really need to go through all these hoops because I am a victim of identity theft? Can someone help

 

[JETX]

"Do I really need to go through all these hoops because I am a victim of identity theft?"
*** Regretably, yes. You will need to contact EACH creditor (not collection agency) and explain that the account information they have is fraudulent. They will ask you to sign and notarize an affidavit and send it back to them. Once received, they will investigate and remove the account if appropriate.

For more, go to: http://www.ftc.gov/bcp/conline/pubs/alerts/idenalrt.htm

 

[nissandave]

You DO need to notify each collection agency as well. Send letters CMRRR to all and explain that you have been a victim of identity theft, get a police report made out, send them a copy, and specifically tell them that you are disputing the debt as not yours, that you have no knowledge of that debt, and furthermore, you are demanding removal of all tradelines that involve this case of indetity theft.

 

[JETX]

You DO need to notify each collection agency as well. Send letters CMRRR to all and explain that you have been a victim of identity theft, get a police report made out, send them a copy, and specifically tell them that you are disputing the debt as not yours, that you have no knowledge of that debt, and furthermore, you are demanding removal of all tradelines that involve this case of indetity theft.

More erroneous crap from 'pissonDave'.....
If he had read the post, he would have seen that you already tried that and the CRA (Credit Reporting Agency) simply referred you back to the creditor or collector. That is because the information that they have in their records VERIFIES with that of the reporting party. You will need to resolve this by contacting each reporting creditor and/or agency..... that is the ONLY way this can be done. Contacting the CRA will be just a circle.... leading you back to where I suggest.

 

[nissandave]

To educate Jetx and help original poster at same time:

"But when I called the collection agencies"

Calling is useless. Calling is not a method of which can be confirmed to have taken place in court of law.

In summary, to spell it out for one, you need to send letters to:
CRA's
Collection Agencies
Original Creditors

Just as I stated previously.

 

[turkim88]

Thank you JetX and thank you nissandave. I apprieciate your responses. JetX I called the original creditors and 1 of the companys told me that they needed proof that I did not live in the address that the service was for. She was from the "final bill dept" and said she will need to see a copy of the leasing agreement that was written for the tennants in that address during the time the service was given. I have check stubs with my address and dates and my social on them but the one company said that was not proof enough for them. This is ridiculus. I am minutes away from calling a lawyer for help, but I know there must be something I can do. The other company I called and someone was supposed to call me back to resolve the issue but never called me back. I am so sick of the hoops.

 

[JETX]

To educate Jetx and help original poster at same time:

"But when I called the collection agencies"

Calling is useless. Calling is not a method of which can be confirmed to have taken place in court of law.

In summary, to spell it out for one, you need to send letters to:
CRA's
Collection Agencies
Original Creditors

Just as I stated previously.

And to help 'pissonDave' as he is still apparently confused.
1) There is nothing in this world that you can 'educate' me on..... and
2) As already noted, the CRA (Credit Reporting Agency) can do nothing about your file as long as the reporting agent 'validates' the information. And since this is a case of 'identity theft', of course the information will be validated...

 

[JETX]

The other company I called and someone was supposed to call me back to resolve the issue but never called me back. I am so sick of the hoops.

When you call them (creditor), tell them the account they have is not yours and ask to report a case of 'identity theft' on the account. They should connect you with their in-house 'security dept.' (or similar). The person there will take your information and SHOULD offer to send you a 'fraud affidavit' (if they don't, ask for one). When you get it, fill it out and have it notarized, include whatever support you feel is needed and return it to the creditor. The creditor will investigate and remove the account if found appropriate.

Though all three 'big' CRA's have fraud departments, they are limited in what they can do as to the information reported to them. As for contacting the debt collector, they flat out will not care (as they are brain-dead morons..... like 'pissonDave' ).

For more on this, go to:
http://www.ftc.gov/bcp/conline/pubs/alerts/idenalrt.htm
http://www.ftc.gov/bcp/conline/pubs/credit/idtheft.htm#victim
and
http://www.ftc.gov/bcp/conline/pubs/credit/crdtdis.htm

 

[nissandave]

"Though all three 'big' CRA's have fraud departments, they are limited in what they can do as to the information reported to them. As for contacting the debt collector, they flat out will not care"

Well, again to correct JETX, the debt collectors need to be sent a letter with absolute proof that proves the account is not yours. When you call these people, they are people like JETX who has a "standard" response to most any situation you try to communicate with them, in which most of time they are flat out wrong in what they say they are going to do. Anyway, the letter serves 2 purposes:
1 It should stop their collection process for the meantime. In your letter, be sure to specifically state that this debt is not yours and that you are demanding verification of that debt. If it has not been more than 30 days since they made intial contact with you, tell them you are demanding verification of the debt per FDCPA section 809
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

2 Sending in proof to them in form of utility bill, phone bill, cable/satellite bill, etc. can probably help you too.

Another issue is that the CRA's must provide accurate and complete info as it relates to your credit file. You need to contact them and notify them that you have been a victim of credit fraud, send them a list of accounts that have been opened via fraud, send them inarguable proof (utility bills, phone bills, etc.) that proves your situation and demand that they investigate AND comply with FCRA section 607b
http://www.ftc.gov/os/statutes/fcra.htm#607
JETX implications is that the CRA's have no responsibility in what they report, but they do and if, and I emphasize IF, you press the issue with them, they should remove the accounts. However, it will be a tough fight, as the CRA's are typically lazy. Anyway, good luck. One other thing, the FCRA mandates that the CRA's provide you a copy of your reports FREE if you feel that you are the victim of fraud. I strongly suggest you start communicating with the CRA's, Collection Agencies, and the original creditors via US Mail only by certified mail with return receipt request.

 

[JETX]

It should stop their collection process for the meantime. In your letter, be sure to specifically state that this debt is not yours and that you are demanding verification of that debt.

And of course, 'pissonDave' has been shown to be wrong.... so tries to subtly change the issue. I had already pointed out that simply writing the debt collector a letter saying 'Ain't me' would do nothing and 'pissonDave' continued arguing it would. Then when I explained why it wouldn't, he has now changed his story.... to being a validation request. That was NEVER mentioned in any of his previous posts on this thread.
And yes, the debtor can make a validation request to the debt collector as allowed by the FDCPA. But again, it won't matter because the debt collector is clearly going to 'validate' the debt since this is a case of identity theft..... the debt collector is going to have the OP's information. That is what identity theft is!!

Sending in proof to them in form of utility bill, phone bill, cable/satellite bill, etc. can probably help you too.

Yes, but ONLY if it is sent to the original creditor to try to show that your address is different. It won't do a damn thing to the debt collector as they only look at what is on their screen. Debt collectors are NOT well known for their concerns for the debtors concerns!!!

JETX implications is that the CRA's have no responsibility in what they report, but they do and if, and I emphasize IF, you press the issue with them, they should remove the accounts.

We felt that 'pissonDave' had to have SOME knowledge of debts and collections, but then he posts stuff like this and makes us doubt he has ANY knowledge at all.
Otherwise, he would KNOW that the only obligation that the CRA has is that their records be accurate. Simply, if a creditor provides them information on a debtor, and the debtor challenges it, the CRA is REQUIRED (by the FCRA) to verify the information with the reporting creditor. Of course, in this case, the reporting creditor will verify as they have the correct individual (id theft victim) information. The ONLY way to remove this is to contact the creditor directly and show that the account was opened fraudulently.

I strongly suggest you start communicating with the CRA's, Collection Agencies, and the original creditors via US Mail only by certified mail with return receipt request.

As with most of your 'suggestions', you are only right on 1/3 of it.
OP, go ahead and contact everyone suggested. After all, there is nothing prohibiting doing so. However, the ONLY help, if any, you get will be from the original creditor. The CRA will simply ask the collection agency to verify, they will. The collection agency will simply look in their records and see that the name, etc. match and that is good enough for them. Again, the ONLY help will come from the creditor.

 

[nissandave]

IDIOTX said "I had already pointed out that simply writing the debt collector a letter saying 'Ain't me' would do nothing and 'pissonDave' continued arguing it would. Then when I explained why it wouldn't, he has now changed his story.... to being a validation request. That was NEVER mentioned in any of his previous posts on this thread."

Actually IDIOTX, I figured that you did know of the simple fact that once you formally dispute a debt with a debt collection agency, then they cannot continue the collection process until the debt is verified and the CA sends the same to the alleged debtor.


IDIOTX said "And yes, the debtor can make a validation request to the debt collector as allowed by the FDCPA. But again, it won't matter because the debt collector is clearly going to 'validate' the debt since this is a case of identity theft..... the debt collector is going to have the OP's information. That is what identity theft is!!"

If the debtor claims identity theft and it is, then the debt collector is more inclined to investigate the claim more thoroughly, and this is probably why one of them sent the debt back to the original creditor, so wake up and think.


IDIOTX said "Yes, but ONLY if it is sent to the original creditor to try to show that your address is different. It won't do a damn thing to the debt collector as they only look at what is on their screen. Debt collectors are NOT well known for their concerns for the debtors concerns!!!"

Acutally this is good for the ID theft victim, in that he/she may be able to rack up some violations. Ignoring the debt collectors will do much more damage. Additionally, just mailing the creditors is not sufficient, in that they NO LONGER HAVE THE DEBT. Awake yet?


IDIOTX said "Otherwise, he would KNOW that the only obligation that the CRA has is that their records be accurate. Simply, if a creditor provides them information on a debtor, and the debtor challenges it, the CRA is REQUIRED (by the FCRA) to verify the information with the reporting creditor. Of course, in this case, the reporting creditor will verify as they have the correct individual (id theft victim) information. The ONLY way to remove this is to contact the creditor directly and show that the account was opened fraudulently."

Yes, the CRA is obligated for accuracy. IF the case is ID Theft, then HOW CAN IT BE ACCURATE? Must be on drugs or asleep.


IDIOTX said "The CRA will simply ask the collection agency to verify, they will. The collection agency will simply look in their records and see that the name, etc. match and that is good enough for them. Again, the ONLY help will come from the creditor."

Actually, this could be good too for the victim because that is NOT proper validation. What would probably happen, which hopefully it does, is that the CA gets proper validation of the debt from the OC. Then the CA would need to send the actual signed contract to the alleged debtor. When and if that happens, the victim has another piece of evidence for his/her case, in that they have a handwriting copy of the actual contract for the debt. Then the victim files a police report and the police will request a copy of a signed document bearing the victim's true signature which should clearly show that the signature on the contract is NOT the victim's signature. Now, IF the CA does not send proper validation, they cannot continue any collection activities, and they will be at a disadvantage if it comes down to court.

JETX: Please, get a life and quit trying to insult people who have a different, more effective, and detailed opinion as yours. You are only showing your own insecurity, ignorance, and arrogance.

 

[JETX]

You really don't get it, do you?? I guess that when they 'pissedonDave', some of it got in your ear and it affected your few remaining braincells.

Your arguments clearly show that you are 'debt collection ignorant' and your post is simply to long and convoluted for me to spend my time trying to correct it. In any case, from your post, I would have more expectation of success if I sat down and talked to a rock.

Do everyone a favor and take your posts elsewhere. It is simply taking far too much of our time trying to undo the damage and errors in your thought processes.

 

[nissandave]

One other thing. Send the debt collectors a copy of this:

FCRA, Section 623a6B

(6) DUTIES OF FURNISHERS UPON NOTICE OF IDENTITY THEFT-RELATED INFORMATION-

(A) REASONABLE PROCEDURES- A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 605B relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information.

(B) INFORMATION ALLEGED TO RESULT FROM IDENTITY THEFT- If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct.


Actually before JETX replies with, "Gee smartdave, the material posted reaffirms my point that the person should just contact the OC.", I will go ahead and point out that according to the original thread post that the debt collectors are the ones furnishing the adverse info to the CRA's, and since this is the case, the debt collectors, and possibly the original creditors, are the defined group of the furnishers of information per FCRA.

 

[JETX]

Send the debt collectors a copy of this:

FCRA, Section 623a6B

See, there is more of your ignorance. The debt collectors have nothing to do with the FCRA (Fair credit REPORTING Act).
What you have provided is an instruction that anyone who reports information to a CRA must be able to 'respond' if asked by that CRA.

And further, it says NOTHING about the CRA taking an 'identity theft' report from the debtor.

I will go ahead and point out that according to the original thread post that the debt collectors are the ones furnishing the adverse info to the CRA's, and since this is the case, the debt collectors, and possibly the original creditors, are the defined group of the furnishers of information per FCRA.

Yep... that is exactly what I have been saying..... and NOT what you have been saying. Thank you for FINALLY coming to reality and realizing the correct facts.

 

[nissandave]

Nice try, but read the second post in this thread.

"The debt collectors have nothing to do with the FCRA (Fair credit REPORTING Act)."

Actually, they have everything to do with FCRA in this case, in that in this debt collector is of legal defenition of a furnisher of information per FCRA.

"And further, it says NOTHING about the CRA taking an 'identity theft' report from the debtor."

READ THIS: If this is a case of id theft then the CRA must remove the info and they the responsibility to remove it per FCRA 605B:
Block of information resulting from identity theft
(a) BLOCK- Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of--

(1) appropriate proof of the identity of the consumer;

(2) a copy of an identity theft report;

(3) the identification of such information by the consumer; and

(4) a statement by the consumer that the information is not information relating to any transaction by the consumer.


Can you read??????
The FCRA statement says this: (paraphrased for your ease of understanding)
If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency...

FCRA section 623 is titled as "Responsibilities of furnishers of information to consumer reporting agencies" which any reasonable person can conclude that this relates to the exact repsonsibilities placed upon any creditor or collection agency who furnishes info to any CRA.

For your further understanding, the term "person" in the phrase "person who furnishes information" can be found in section of 603b which states, "(b) The term "person" means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity."