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DFS collection after lost/stolen status?


Jess1120
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Sorry this is a bt of a long post. i just know that it's more helpful to have all of the info upfront.

I have a Dell Financial account which was opened in August 2002. I bought a $300 printer and some ink, and never charged another thing on it again. I also paid off the amount owed. About a year ago my mom started receiving collection calls (since I had lived at that address before getting married) and I couldn't figure out what it was for. I finally received a letter from Oxford Management stating that they were collecting on the Dell debt for $2,300! I told them this was impossible, but when I checked my CRs, Dell was reporting charge-offs for the same amount on all three.

I found this site and immediately disputed the debt with the CRAs and with Dell by CMRRR. They verified but never responded to me. I did the entire process a second time and they still sent no response, but continued to verify. I then sent an ITS letter... but again got nothing.

I finally figured out how to email the execs and immediately received replies back from one of their secretaries. He connected me with a representative from DFS who told me that at least one large item (likely a computer) and several smaller items had been purchased on my account. I told her I did not make the purchases, and then filed a fraud alert with the CRAs. Within a few weeks Dell began reporting the account as a charge off with a $0 balance... and in the account notes added "lost/stolen card". I figured this might be the best I could get.

Yesterday... and more than 6 months later... I received a new letter from OMS...again collecting on the entire $2,300. They are not reporting...yet. I sent back the dispute and DV (well within 30 days).

So... any suggestions? How can Dell report the balance as $0... and lost/stolen... and still sell it off to collections?

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Look for posts under my name by the advanced search feature. I have been having the exact same problem.

DFS sold my debt to Asset. I sent a timely DV and they still reported it to the CRA's and did not ever provide validation. Disputing the Dell account with the CRA's netted the removal of the DFS TL, but the CA is still on there. The CA still has another 20 days until they "have to respond" to the CRAs in my case, so I don't know what the result of the DV will be.

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  • 2 weeks later...

Well now it's become an even bigger problem. They had removed their TL from Equifax, and hadn't reported on the other two since October of last year. Both EX and TU still show lost/stolen with a $0 balance, but they just reinserted to EQ with a charge-off, balance of $2300...it dropped my score 50 points! It's still two years before it's out of SOL, so I'm afraid if I put the pressure on, they'll sue me for the balance. How can I prove the charges are do to fraud? The account itself isn't fraudulant, but the major purchases and all of the interest and late penalties from it are. I need help :(

Do I have to have some form of proof to file it with the police?

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"...How can I prove...fraud..."

It's not up to you to prove it. You do have to send the required paperwork so that your claim will be taken seriously. Creditors, CA's and CRA's can ignore your plea unless you do.

Send an "idenity theft report'. The definition is in 1681a, Section 603(q)(4)(A)(B)© of the FCRA. The rest of the required laundry list can be found at 1681c Section 605B(a).

Read that part of the FCRA. It details what their response should be and what you can expect. If you still have problems after complying with the law, then you have grounds for a lawsuit.

Another tip: ITS letters are rarely effective. There are just too many people firing them off from templets found on the internet. Actually filing suit works very well. My personal suggestion is to never ITS unless you actually intend to sue.

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