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Showing results for tags 'fraudulent debt'.
I am a victim of identity theft, and had filed a report with local police, also the FTC. I requested Experian block a fraudulent account, and provided them with copies of the identity theft reports to support the request. They removed the fraudulent account within a few days of doing this. I had disputed the same fraudulent account with Equifax, and attached identity theft reports as supporting documentation. For 3 weeks after Experian blocked the account, the date reported on this same account was updated 4 times on Equifax. 11/11/2016 I requested Experian remove the fraudulent account due to identity theft 11/17/2016 Experian report showed account was deleted 12/1/2016, on Equifax fraudulent account/debt showed date reported 11/23/2016 12/3/2016, on Equifax fraudulent account/debt showed date reported 11/02/2016 So the date reported went backwards. How does this happen? 12/04/2016, on Equifax fraudulent account/debt showed date reported 12/03/2016 12/07/2016, on Equifax fraudulent account/debt showed date reported 12/06/2016 On 12/5/2016 I filed a complaint with CFPB against the creditor that reported the fraudulent account (which they have never responded to), and 12/7/2016 I called the creditor because I was quite angry at this point. After the account was removed from Experian, my score had gone up 69 points, and it was obviously damaging my Equifax score significantly. I had been denied credit due to this account specifically (denial reason said high utilization/over credit limit, and this account was reported as charge off for more than the credit limit that was reported for the account, I had no other accounts that this was relevant to). When I called this creditor the 1st time, they could not find the account in their system, and told me to call Equifax, so I did. Equifax then told me to call the creditor, so called them again. The creditor finally located the account, and admitted to me that they had received the police/identity theft report (Experian sent to them as a result of account being blocked) on 11/29/2016. So this account was updated 3 times on Equifax after they apparently received the identity theft/police report, and Experian had already blocked it as of 11/17/2016. Aside from all of this, the same creditor had reported conflicting information for the account between EX and EQ (payment dates, number of payments), so they obviously aren't concerned about complying with the law. What I'm trying to figure out is, who is at fault? And how does date reported go backwards in one case, unless it was done manually, then corrected the very next day? It almost looks like this was done intentionally. When the date went backwards, they corrected it on their own the next day, but I had not contacted them about it or bring to their attention. I know there are FCRA violations here, but I'm confused as to who is responsible for what. The police report totaled 73 pages for my case, and this has been a process from hell. I simply expected the creditors/credit bureaus to fulfill their obligations under the law, and that is really all identity theft victims have to rely on when recovering from the chaotic aftermath of this crime. Filing a police report only gives more credibility to a victim's claim, but they can't do much more than that. This is not about a lawsuit and getting paid, its about holding those accountable to the law that is there for these very reasons. Thank you in advance for any suggestions or advice.
(newbie here, I re-posted this from another forum at the advice of a regular user. ) Normally, when a creditor sues you, you eventually find yourself in a court room explaining to the judge that you dispute the debt. The first thing the judge is going to ask you is " Did you put your dispute in writing and send it to the Plaintiff? The response sound never be no. A strict judge may pass a judgement right then and there. This is why what I am about to tell you is so Important. When a debtor first contacts you about a debt, it is important that you dispute the debt. If you do not remember having such debt, put that in your letter as well. Here's a Sample John Doe Address here city state zip code In Reference to account # XXXXXXXX Dear Creditor, I am writing you in reference to the account # XXXXXX, and that I do not believe I owe, what you say I owe. To my best of knowledge, you are the first to contact me about an unpaid balance on account # XXXXXX. I do not recall this debt , and as a result this debt may have been fraudulently conceived . I respectfully ask that you provide me with the following documents to verify that I in fact, owe this debt. 1. A written contract between the original Creditor and myself, that was signed by me. 2. All monthly billing statements that show the location of purchases or balance transfers and the amount of each, that lead to the calculation of the balance you claim I owe. . 3. Proof that you have the legal ability to collect debt in my state of ______________. 4 Proof that you own this debt. 5. Copies of any payments that were alleged to be made by me, or someone i authorized. 6. Copies of receipts which shows my signature, or the signature of an alleged authorized user. Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that: * because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;* you cannot add interest or fees except those allowed by the original contract or state law.* you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA; I thank you in advance as I try to take the appropriate steps to separate my good name from possible fraudulent debts. ThanksName signed.. Now since you have done that, make sure to mail it CERTIFIED and keep all mailing receipts. Doing this will generally discourage bottom feeding collection agencies from filing a complaint in civil court. If they do file and the judge asks you, " Have you notified the Plaintiff in writing of your claim" You can say YES, I have have a copy of it with the certified mail receipts showing that they received it." This will show deception on the Plaintiff part as when they filed the claim they are saying that the Defendant has refused to pay despite their best efforts to resolve the matter. Ignoring a fraudulent claim in writing shows that the creditors were not using their best efforts to resolve the matter. In my experience the judge typically dismisses the case with prejudice and gives the Plaintiff's attorney's a ear full.. I also usually send a letter in writing that tells them I wish not to be contacted by phone and all communication between their company and myself should be in writing via USPS. Once they sign that mail receipt , they can not legally call you. This also keeps all communications in writing, which is always useful in your case. Only use this if you really believe the debt was fraudulently conceived. (I am not a attorney, just someone that has been down this road, a lot and I wish I had known all this when I walked into my first case. I hope that this helps at least one person)