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tossing and turning - can't sleep


b.anka
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9 months ago, I received a collection letter from a CA stating “I owe Wal-Mart CC $1500……...” I have never had a Wal-Mart CC in my life. I turned to the internet for help and found this forum (god bless). Reading the actions from here I filed an id theft complaint with my local PD, and never have contacted the CA nor answered any unknown phone calls, or replied to voice mails.

During my college life I had 3 CC, one each from Wells Fargo, Chase and Arizona State savings. Let me agree to one thing, I was young, energetic and in college busy with partying and school and never took my CR seriously, but was financially disciplined. Due to my negligence I skipped a few payments of my CC and they went into late payments. As time passed I worked 3 jobs and paid each of the CC companies slowly but steadily. Little did I know that the CC companies will have already reported baddies on my CR and I should, while paying them, ask them to not report baddies or take them out if they already have reported it? Like a fool I never checked my CR even then, I just kept paying as if I was paying my bills. I never kept the receipts, or the checkbooks for the payments. Instead they sent the accounts to collection agencies reporting CO, 30, 60, 90 and 120 days late. (Oh gosh, damn them)

It’s now coming and haunting me. For the past 9 months I have been reading on this forum trying to learn from the articles and posts, but never posted. A month ago, I went ahead and disputed all the accounts which I had paid for during my college life (including the CA the banks had sent my accounts to) with all 3 credit bureaus. In the meantime the local PD is yet working on my file with a possibility of ID theft on the Wal-Mart CC and has not come out with the final report. With that said the big 3 have sent me letters stating that I’m on “fraud alert” and placed alert on my CR for 90 days. The letter also states that please submit gazillion amount of documents for us (big 3) to investigate including the local PD report . The local PD says the report is under investigation, and If I remove it now, all bets are off, and I’m on my own.

Today I check my CR and score at Equifax (FAKO) and it has dropped from 641 to 629 with these comments (image files below) for each of the accounts. I now have Experian and PrivacyGurard and myFico accounts for checking scores and reports. I tried to check the MyFICO scores and reports but due to the fraud alert I have to identify myself over the phone, which I am going to do tomorrow.

wellsfargo.jpg

norfolk.jpg

Hilco.jpg

chase.jpg

azstcu.jpg

Please do advice on what course of action to take (extremely tensed, need to apply for my graduate student loan in spring 2007 for my Master's Program. Thanks to all.

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I'm a little confused. So you fell behind in your payments on the cc's that you had in college, but kept paying, correct? I'm assuming they were still sent to collection during that time, but you have since paid the accounts in full? I'm also assuming you never made any payments to a collection agency? Which cc account does Norfolk Financial have?

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I'm a little confused. So you fell behind in your payments on the cc's that you had in college, but kept paying, correct? I'm assuming they were still sent to collection during that time, but you have since paid the accounts in full? I'm also assuming you never made any payments to a collection agency? Which cc account does Norfolk Financial have?

I kept paying to the OC time after time (but never kept copies of my payments, all were made over the phone) but NEVER the CA. I never replied or answered the CA calls, they keep leaving voice mails as i write, I ignore them.

Why are you disputing the Arizona CU TL? It looks completely positive to me.

I don’t want any lates on my CR because of Arizona CU feels like doing so. They reported 2 30 day lates and 1 60 day late. Payments were made right?

Norfolk Financial????? I myself have no clue who they are. Which OC sold it to this CA.?

Here is another event that took place today, I got a call from my local PD saying “you ID theft investigation is complete, please come and collect the documents”. I ran for my life. I have the police report stating I am a victim of ID theft.

With the ID theft documents (reading more about it in the ID theft section), do I send it to big 3 ?

Suggestions ? thoughts?

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I am shocked to see my PD investigation report. This is my first issue with a PD department ever, so please bear with me. In the Crime Incident box, it says "taking identity of another" rest all the fields are having my data (dob, age etc)

Attested and approved stamps all over the report by the PD department. In the offender and suspect box nothing is mentioned, all fields are blank. In the narrative section of the report, the officer who had taken my complaint (he had come to my residence) has written verbatim to what I had complained. Seems to me like nothing was ever investigated. What should I do, does the mention of "taking identity of another" in the crime incident box, make it proof enough that I am a victim of ID theft???

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"...Seems like nothing was ever investigated..."

This is normal, usual and SOP. It probably won't ever be investigated. All YOU need is the report.

"...does the mention...make it proof enough that I am a victim..."

Yep. It's just paperwork required by the FCRA. The reason this is required is listed in the FCRA Title 15 USC 1681a Section 603(4)(B) and ©, which states that "...the filing...subjects the person filing the report to criminal penalities relating to the filing of false information..." An official report, which carries such penalities (in theory) separates your claim from a million other denials of debt.

You also need a statement. 1681c-2 Section 605B(a)(4) You may see this referred to as an Affidavit of (denial of) Debt. The law says all it needs to be is a "...statement by the consumer that the information is not...relating to any transaction by the consumer..."

"...What should I do..."

Send both off to the CRA's and to the CA. Good luck!

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Thanks Ahntara. So then I am going to do the required as mentioned. Here is another thing I need some suggestion on. The PD report, as I stated before only states my complaint (verbatim by the police officer), how would it help me sending it to other CAs ? In my case my CR shows the Wal-mart a/c is sold off to LTD Financial services. There are other inquires and a/c's on my CR by other CA's which I have no idea where and how they came onto my CR. Will broadcasting my PD report to all CA's and CRA's get them suppressed/flagged or deleted from my CR?

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"I kept paying to the OC time after time (but never kept copies of my payments, all were made over the phone) but NEVER the CA. I never replied or answered the CA calls, they keep leaving voice mails as i write, I ignore them."

I've done this before. Did you pay the full amount or a "settlement" amount? In some cases, it is better to get the OC to accept the payment if they still will then the CA. Once you do this, get the OC to send you a letter proving payment, dispute the CA's presence on your credit report stating the "I paid the original creditor directly", and call the CA and tell them "I don't know why you keep attempting to contact me, I already paid the original creditor". Then at least, more than likely, the OC will just close it out and the CA should dissapear from your CR.

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Thanks direred for the article. Gives me the chills. I hope this does not happen to me when I send the PD report to Equifax.

Thanks calidude. Here is my two cents for what you suggested .

I just kept paying the OC in monthly payments. The OC never deactivated my CC, but recommended that I stop using it for a while and first make the payments in my billing cycle periods. They precisely said, at that time, they will not report anything to any of the CRA’s as long as my payments were met. That’s exactly what I did. Little did I know the OC had already reported late payments on my CR. Adding more to that they even placed it for collections, god alone knows why and one day sent me a letter stating I will no longer be able to enjoy the CC.

Here is one more thing eating me alive. Say for instance my Chase CC, it had a CL of $300. but now the Balance is $766 and past due is $89 (attached in above images). If I call Chase to make a settlement what amount should it be? And say If the OC and I do not agree on the settlement amount will they start harassing me again?

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I hope this does not happen to me when I send the PD report to Equifax.

I do believe they're doing a better job now. That case's events started six years ago.

Here is one more thing eating me alive. Say for instance my Chase CC, it had a CL of $300. but now the Balance is $766 and past due is $89 (attached in above images). If I call Chase to make a settlement what amount should it be? And say If the OC and I do not agree on the settlement amount will they start harassing me again?

It's not settled unless you both agree on the amount.

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Hmm, lesson learned from school of hard knocks. Always keep copies of documents. Seems like I will have to pay Chase (again through my nose) for getting them off my CR. Correct me if I am wrong, but I had read this somewhere that when paying OC (settlement, seems in my case) should be 60%

Is it 60% of the balance or past due? My CC CL was $300 and now the balance shows $766 (intrest over these many years) and past due is $89. I have never had a settlement before of any sort in my life. What should be a fair amount. ?? (stupid question i know, bear with me)

Then how do I ask OC to stop reporitng baddies to my CR (in writing ?) and what about the CA, who OC sold the a/c too? How does he get off the CR.??

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Whatever settlement you make with the original creditor, make sure that you do not leave a $600 balance or more. If you do, they will send this to the IRS and you will get a 1099 to have this balance put on your taxes as additional income. If you want the collection information off you credit report, you must make a settlement agreement with the contingency that they remove it from your credit report once the final payment is made. If you send them the money without this statement in writing, they may not remove it and it stays there for seven years. I was successful with two collection accounts being removed utilizing this method with the original creditor. I never deal with the collection agencies! They are just plain rude!! Also, they can't remove it from your report...the original creditor can! Make sure you get everything in writing and send everything certified mail so as to have a record. Hope this helps!:)++

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I’m sure it’s been asked by me before but just need some clarity.

If you see my CR (images on the first page of this post) my Wells Fargo a/c shows Balance $0 where as the Chase a/c shows a balance of $766 and past due $89. But at the same time, HILCO Receivables (images attached) is collecting on behalf of Wells Fargo with a balance of $455. From what you’re saying I should call Wells Fargo and have them delete it? Why should I settle with Wells Fargo also, as I have paid them in the past?

Now regarding Chase a/c I don’t’ know who have they sold the a/c to? All I have done up to this point is disputed these a/c with all CRA’s and waiting and watching my CR everyday. No movement of any sort is on CR yet.

In a nutshell, will dealing with the OC help (Wells Fargo and Chase in my case) and if they agree to delete it, automatically delete the CA a/c which it is tied up to on the CR?

I’m just too scared to call the OC what if they start tailing me again for payments already made to them?

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