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MuahMan

Yikes! Primus Letter? What now?

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Hey. I have been starting work on my credit reports... live in Ft Lauderdale, FL. Well the first thing I did was clean up addresses that are not mine and got another person with the exact same name that was using my name and SSN to open accounts. Somehow the other guy using my name addresses and a diffrent SSN at the time it led to me getting a split file. They deleted a couple fo the TL's that were totally fraudulent. While I was disputing the fraudulent one I figured I would try and sneak in a TL that was mine. A repo by Primus.

Yesterday I recieved a letter from Primus whom I owe $8000(total BS) after the vehicle sale. It says... paraphrased "It's our understanding that we may have opened an account without your consent, knowledge, or authorization".... "To help us resolve this matter please provide us with the following. A legible copy of a police report. A completed theft ID Affadavit, a blank copy of which is enclosed and a copy of your drivers license" ... "Please fax these docs to us immediately or mail them. If you do not respond in 30 days we will consider this matter closed"

This letter has warning lights going off all over the place. I don't have a police report and don't know if I should file one stating that this account is specifically fraudulent as it isn't. But I've definitely been the victim of identity theft. Should I do this? Also i don't want to send Primus a copy of my DL. I would prefer to send them a copy of my passport instead since I'm quite sure I used my DL at one point to buy the car originally back in 02/1998. I'm also wary of filling out this affadavit.

Has anyone come accross such a letter from an OC? How would you proceed. It seems like I have an opportunity to get a really bad TL off my CR's but I don't want to a.) get sued b.) do something illegal. This thing has got to close to being out of SOL. On the Experian CR it shows opened 2/98, reported since 4/98 and repossession as of 6-2000 to 12-2000, 12-1999 to 2-2000?!?!?! How can they reposses a car for like 6 months two seperate times??!? seems like a violation right there.

Any ideas would be greatly appreciatted.

Regards,

MuahMan

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1) Swede shoulda told you this, but NEVER go filing a police report claiming something that didn't happen. We advocate holding the industry to the standards they don't like, but we don't advocate fraud.

2) You don't have to send them anything. All you have to send them is a DV and then dispute with the bureaus. That's the extent of your responsibility. They can "consider" anything closed they like...doesn't mean they don't have to listen to you because you won't conform to their rules.

What you've failed to mention, however, is under what grounds are you claiming they should listen to you? Is the car not yours? Is the amount owed incorrect?

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1) Swede shoulda told you this, but NEVER go filing a police report claiming something that didn't happen. We advocate holding the industry to the standards they don't like, but we don't advocate fraud.

2) You don't have to send them anything. All you have to send them is a DV and then dispute with the bureaus. That's the extent of your responsibility. They can "consider" anything closed they like...doesn't mean they don't have to listen to you because you won't conform to their rules.

What you've failed to mention, however, is under what grounds are you claiming they should listen to you? Is the car not yours? Is the amount owed incorrect?

1)I wasn't advocating fraud but why are they asking for a police report? I don't understand what they are asking for. Are they asking for a report that specifically states that the Primus account was fraudulent or a general report that states some other chooch in Cali is using my name and SSN? Is this standard practice for identity theft?

2.) If I don't send them anything won't they just verify back to the CRA's. I'd like to get this horrendous TL off my CR. Should I follow this up by sending them a DV? It's allready being disputed on my CR. If I have an opportunity to get it off then i want to take advantage of it.

3.) They should listen to me because it's killing my scores! lol... and it's almost or IS out of SOL. They TL doesn't look right. First it says date opened 02/1998 fine. I did buy the car then. But under the account history it says 60 days late as of 11-99, 30 days late 10-99, and 4 other times. It says repo'ed as of 6-2000 to 12-2000, 12-1999 to 2-2000. How can it be repo'ed twice? Then shows a charge off as of 1/2005 which is when I first disputed it as of not mine. Sounds like they re-aged it on me too.

I'm very new to this but something doesn't seem right with this TL. How would you handle it if you were me? You seem like a damn genius with this stuff.

Thanks,

MuahMan

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The asking of the police report is if you're claiming that you never owned the car and that the account is fraudulent. It's a common request--and if you're the victim of identity theft by all means go fill one out and outline every derogatory piece of information that stems from it. Since that's not what you're claiming with Primus, it doesn't really apply here. But might in the future with other creditors.

On the topic of what happens if you don't send them anything...well, you sent them a DV, no? They have to listen to that--that's all you need to send them. It's now on them to supply you with proof the debt is valid, show you how it came to be that much debt, etc. If you did that, and then dispute with the bureaus and they verify...well, there's a thousand dollars right there for continuing collection activities without validating.

What it's doing to your scores...that's not really their concern. They should listen to you because you follow procedures...if you do that you've got something. On the issue of SOL, however...there's no such thing as a statute of limitations on a debt (at least not in the way you are referring to it as). There is a 7 year limit from the date of last payment that they can report it to the bureaus, and there's a statute of limitations in which they can sue you and FORCE you to pay the debt, but the debt never actually "expires". It's not like milk :p.

As for it reporting as repoed...it should be showing as repo every month it's reported after the repossession. That's the status of the account--in repo. If there's a gap in the repo timeline, that's probably a period of time in which they didn't update to the bureaus.. If it's showing as charged off, that means the company at that point wrote off the debt as "bad" on their taxes, and got a return on it that way (which also means it's about to be sold to a junk debt buyer--so be on the lookout).

Handling it? If it were me...hard to say; I never had to stare down the face of a debt that actually belonged to me...I guess I'd weasel my way to their records, find out what they had, and then see if it would be plausible for me to turn the tables on them and file a suit.

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