marisakay

help!! FRAUD..never had account... disputed, etc..now??

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in may, dh received letter from nationwide credit saying he owed 580 to alltel cellular. we have NEVER had a cell phone at all....never received notices, etc..dh has excellent credit....so I immediately sent dispute requestion validation. I got the green card that they received MAY 26. never heard any more..so I figured they dropped it..WRONG..went to bank today and still reporting as f9? as of july06..says charge off, etc......

I have called both nationwide and alltell and they have nothing...a social security number and someone elses address...so clearly someone stole DHs ss#....so I have disputed w agencies..now what???

send my "proof" that they did not validate to all credit reports AND nationwide???? and alltell?????

dont they have 30 days??? well it has been 90..

the girl at NATIONWIDE said they only have ss#, and they ask ALLTEL for more info when needed...I said'"How can you push for money w just a ss???" she says it is just as good as signature????

I am confused...

please help..I will continue researching

thanks

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By reading your post, I can only assume you sent your letter requesting validation well beyond the 30 day window as mentioned in a written initial communication, so my comments are based on that alone. I am also assuming you became aware of this debt only after checking your DH's CR.

Since you have received your green card back, you must give them at least 35 days from date on card before sending them a second letter. Then, you will compose a second letter reminding them of first, including copies of letter and green card. BUT, in this letter you will refer to the fact as to how you came to realize the negative information, or collection, whichever. AND, since you were never in receipt of a written communication from them allowing you the 30 day window, your request for validation was based on FDCPA 807(8), for starters. This particular section does not have a written requirement nor does it have a timeframe. It only says simply "to have knowledge". Then, of course, you note as to the TL still not reporting as disputed as required by law. You will have to look up the other laws that apply to this as I can't remember all of them right now, including those in the FCRA. Besides, you need to learn how to use these laws to help you. Trust me, I'm not being mean.

Lastly, you can file a dispute with the CRA's claiming the TL is not yours. They have to respond within 30 days, allow 35 for mail. What happens is they will assign your dispute a 2 digit number which is sent ot the CA, who will respond in most cases. Note that all the CA does is affirm the SS# matches as well as the address, or something else in their file and says it is yours. If this happens, let us know and we will give you the next step. Also note that the CA may respond with the dispute notation, thus, will be in compliance. OR, and it does happen, not respond and the TL is deleted. Then that TL falls into another law, which we will share if needed.

Now, do realize the following before jumping ahead of things.

1. A CA is not required at any time to respond to you within a set timeframe. All that is required is that they report the TL as disputed, and must cease all activity until debt is proven. But, if they were stupid enough to file on you, laugh, as all you need to do is show proof of your request and also cite FDCPA 809©. They'll have to prove in court. Your only reason for waiting the 35 days is to afford them a fair amount of time, in case you need it later.

2. A CA, since they use the US Snail Mail in their everyday operation, do not have to show proof they mailed a letter to you. All they have to do is say they did. I'm saying this as many CA's will say in court they sent an initial communication to you and you failed to respond, therefore, they do not have to honor your request now. What they are trying to do is make the judge think that FDCPA 809(B) does not allow the consumer to dispute if no response in the 30 day window. WRONG!!! All 809(B) says is that IF the consumer fails to respond, the CA MAY ASSUME the debt is valid. That is it, period.

3. If you are positive this is ID theft, you must file the claim with your Police to get rid of this, otherwise, you will have to fight this off the long way. True, you can demand they give you the address as noted on the original contract or file the OC has to see if there is a difference, but, do realize you will have to show proof you never lived there and that you lived here, or somewhere, for this period of time, etc.

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wow!! sounds like a lot!!! thanks for all advice!..I received letter MAY 15, they received my letter on MAY 26 (green card shows this)...so now well over 60-70 days....

I just disputed w Credit reports as NOT MY ACCOUNT..and tomorrow I am sending the mean letter to CA saying you had 30 days, etc ..u sent NO PROOF ..delete now or I sue you..I am hoping this will be enough...andnot have to do police report..thanks for input

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A police report is a total piece of cake---a police report is a hazard to someone who is lying---but if you never had a cell phone---and they allege you did--and its the truth---you may well be the victim of identity theft. Which gives you some powerful rights.

Just write it up, go to the cops, and report it---I did and I sure don't regret it.

But thank God it was not identity theft---it just ended up being a CA totally full of it--something hardly unknown on these forums.----and I had to prove they knew nothing about nothing.

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ty violated....what exactly do I write uP?

YES, WE TRULY HAVE NEVER had cell phone (sorry for caps)...truly know nothign about this...thanks again

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By reading your post, I can only assume you sent your letter requesting validation well beyond the 30 day window as mentioned in a written initial communication, so my comments are based on that alone. I am also assuming you became aware of this debt only after checking your DH's CR.

She said that they got a letter, and she DV'ed, THEN they found it on his credit. That is a violation.

Since you have received your green card back, you must give them at least 35 days from date on card before sending them a second letter.

This is a common misconception. Under the FDCPA, upon receipt of a timely DV, the CA must stop collection activity IMMEDIATELY. Not in 30 days, but immediately. If they attempt to collect after a timely DV, violation.

But, if they were stupid enough to file on you, laugh, as all you need to do is show proof of your request and also cite FDCPA 809©.

The lack of validation is not a defense to a suit, but can be used for violations that could offset damages.

WRONG!!! All 809(B) says is that IF the consumer fails to respond, the CA MAY ASSUME the debt is valid. That is it, period.

If you do not DV within the 30 day window, they no longer have to cease collection before they provide validation. That is why being timely with your DV is so important.

Since you never had a cell, I would call the police and file an ID theft report, NOW. Then call the CRA's and put a fraud alert on your CR.

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