ElorraM Posted December 22, 2004 Report Share Posted December 22, 2004 I am been writing Beneficial, an OC, for several months now, and they never repsonded, with an account I stated was not mine (they have balances). Now after I have threatened them with the BBB, FTC and the State Attorney General they finally repsond. They respond with all this junk the want me to fill out and do:"To assist us in the investigation, we ask that you include a copy of your driver's license or other picture identification and must require that your SIGNATURE BE NOTARIZED on the Affidaivit of Forgery." It states on the bottom, "I declare under penalty of perjury that the following information is correct."Not to mention there are like two extra pages to the claim form aksing questions like: Did you open this account, Do you suspect anyone in this matter?, etc.There is also a section entitled: "The following handwriting specimen (lol!) is prepared freely and voluntarily, Please write, DO NOT PRINT." What are they forensic handwirting experts??They also state in this letter that basically they won't do anything without this stuff (hardly voluntary is it?).Is this just smoke to make me desist/intimidate me? Should I write them back and tell them they don't need this, it's ridiculous (I will send them the driver's license)? I mean really the only reaon they would need a signed affadavit is becaus they want to pull something. Advice would be appreciated. Link to comment Share on other sites More sharing options...
willingtocope Posted December 22, 2004 Report Share Posted December 22, 2004 If you do a search using the button at the top, you'll find lots of references to "driver's license" already on the board. The trouble is, there seems to be conflicting opinions...In general, yes, this is a delaying tactic on the part of the OC to put you off. However, unless you prove that they've got the wrong person, they will keep at it...In my opinion, the question is...is this your debt? If yes, then just drop it. If not, then look in the "Identity Fraud" forum for info on how to go about filing a police report...and send them a copy of that. Link to comment Share on other sites More sharing options...
gdouglaslee Posted December 23, 2004 Report Share Posted December 23, 2004 I am been writing Beneficial, an OC, for several months now, and they never repsonded, with an account I stated was not mine (they have balances). Now after I have threatened them with the BBB, FTC and the State Attorney General they finally repsond. They respond with all this junk the want me to fill out and do:"To assist us in the investigation, we ask that you include a copy of your driver's license or other picture identification and must require that your SIGNATURE BE NOTARIZED on the Affidaivit of Forgery." It states on the bottom, "I declare under penalty of perjury that the following information is correct."Not to mention there are like two extra pages to the claim form aksing questions like: Did you open this account, Do you suspect anyone in this matter?, etc.There is also a section entitled: "The following handwriting specimen (lol!) is prepared freely and voluntarily, Please write, DO NOT PRINT." What are they forensic handwirting experts??They also state in this letter that basically they won't do anything without this stuff (hardly voluntary is it?).Is this just smoke to make me desist/intimidate me? Should I write them back and tell them they don't need this, it's ridiculous (I will send them the driver's license)? I mean really the only reaon they would need a signed affadavit is becaus they want to pull something. Advice would be appreciated.How did you come to learn about this account?Is this account reporting on your credit report? Link to comment Share on other sites More sharing options...
ElorraM Posted December 23, 2004 Author Report Share Posted December 23, 2004 Yes it is reporting on my credit report. I saw it when I checked my credit report.I do not think I agree with dropping it. It seems that is what they want me to do with this letter. I dont even care about sending the driver's license. It's all the other stuff, the notarized statement, the "claim form" for the wirting sample. It's ridiclous.Either the have documentation showing that this account is mine or they don't. What's with making me jump through all these hopes to get it. Unless they dont have it and this is supposed to make me go away. Link to comment Share on other sites More sharing options...
luckyduck Posted December 24, 2004 Report Share Posted December 24, 2004 If they sent that and the account is yours, don't you dare fill out those forms, and yes, drop it. They are trying to set you up for claiming identity theft. If the account is yours, and you fill out those forms, they will provide the documentation and could pursue criminal charges.If the account is not yours, then go through the proper legal channels for claiming fraud. And yes, look through the identity theft section. Link to comment Share on other sites More sharing options...
miracle Posted December 24, 2004 Report Share Posted December 24, 2004 Link to comment Share on other sites More sharing options...
MaggieNY Posted December 24, 2004 Report Share Posted December 24, 2004 miracle - I'm wondering why you bump a group of threads with nothing more than a smiley. I noticed you did this the other night as well. I was following a thread and thought there was more information to it when I saw someone posted to it, but it was just a smiley from you. Link to comment Share on other sites More sharing options...
luckyduck Posted December 24, 2004 Report Share Posted December 24, 2004 That is so funny. I just got two message notices, both were the smiley's. I've been sorta dumbfounded over it, trying to figure out how the two threads related. Who are you saying hi to, Miracle?? Link to comment Share on other sites More sharing options...
DocDon Posted December 24, 2004 Report Share Posted December 24, 2004 If posts get moved down the list, you can type "bump" or whatever else to move it back to the top. You'll still get the same notification whether it's an emoticon, or "Bump". Link to comment Share on other sites More sharing options...
miracle Posted December 24, 2004 Report Share Posted December 24, 2004 That is so funny. I just got two message notices, both were the smiley's. I've been sorta dumbfounded over it, trying to figure out how the two threads related. Who are you saying hi to, Miracle??Everyone. sorry. -Jenn Link to comment Share on other sites More sharing options...
gdouglaslee Posted December 27, 2004 Report Share Posted December 27, 2004 Yes it is reporting on my credit report. I saw it when I checked my credit report.Dispute it with the CRAs that are reporting it, and send a FACTA dispute to Beneficial. I do not think I agree with dropping it. That's not going to help anything, and will probably only make matters worse. It seems that is what they want me to do with this letter. I dont even care about sending the driver's license. It's all the other stuff, the notarized statement, the "claim form" for the wirting sample. It's ridiclous.Here's an alternative: If you are certain the account is not yours, dispute it with the CRAs that are reporting it and request a fraud alert. The possibilities are that Beneficial has contacted you in error or someone (old room-mate, friend, family member or an ex) is using your info to obtain or attempt to obtain credit and right now, you don't need any more problems, like inquires and more new credit obtained fraudulently. Either the have documentation showing that this account is mine or they don't. What's with making me jump through all these hopes to get it. Unless they dont have it and this is supposed to make me go away.Then send an extremely stern letter, in accordance with FACTA, demanding a copy of the original loan agreement, address of the signor/co-signor, collateral put up if any, employers for the signor/co-signor etc. Advise them that if they refuse to comply will you take legal action for violations of the FCRAt. Link to comment Share on other sites More sharing options...
jordanmorganusa Posted December 27, 2004 Report Share Posted December 27, 2004 Do NOT file it out and send it. I do not know about the OC behaving this way, However, perhaps I do have a little pearl of knowledge for those fighting with CA's:sending a fraud affidavit without having provided validation constitutes continued collection activity and violates 1692g of the FDCPA. Hope this helps someone. I will check out about OC's for you... Link to comment Share on other sites More sharing options...
KentWA Posted December 28, 2004 Report Share Posted December 28, 2004 FACTA changed a lot of the rules. They can not ask for this information unless they can provide a bonafied reason why they would need it to even verify the basis of the dispute.(D) Submitting a notice of dispute- A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that-- (i) identifies the specific information that is being disputed; (ii) explains the basis for the dispute; and (iii) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. Send them a stern letter in response that you find their belated response is in violation of USC 1681§-2(a)( 8 ) and include copies of previous letters and your green cards. Tell them the 30 days they had to reply is long gone. Then tell them they now have 15 days or you will sue. Link to comment Share on other sites More sharing options...
ElorraM Posted December 28, 2004 Author Report Share Posted December 28, 2004 Send them a stern letter in response that you find their belated response is in violation of USC 1681§-2(a)( 8 ) and include copies of previous letters and your green cards. Tell them the 30 days they had to reply is long gone. Then tell them they now have 15 days or you will sue.Couple of questions. Does the OC have to repsond in 30 days? I thought that was just the CA? Where does it say this, what statue? Has this changed?Also, should one not say FCRA anymore but FACTA? Link to comment Share on other sites More sharing options...
luckyduck Posted December 28, 2004 Report Share Posted December 28, 2004 Also, should one not say FCRA anymore but FACTA?FACTA was an Act that made amendments to FCRA. The law is still the Fair Credit Reporting Act, but now has amendments as laid out in FACTA.So, you still refer to it as FCRA. Since the amendments are recent I refer to it in letters as: FCRA as amended December 1, 2004. Link to comment Share on other sites More sharing options...
Recommended Posts