WickeDay Posted November 26, 2007 Report Share Posted November 26, 2007 Ok, so I have 2 negative accounts with Experian and 1 with Equifax. I need help, because they are all telling me the same thing and it seems the Bureau is playing games:Experian: Hospital bill. I was in an accident with an MTA bus, they were at fault and paid the bill. The hospital cannot find record of the paid bill, but acknowledge that even if it wasn't paid, it is not my responsibility as I have a statement that says MTA was 100% at fault.Experian: Library bill that was the result of identity theft. This girl opened an account using a stolen drivers license, checked out some books and didn't return them. I closed the account several times and she kept going back and convincing them to re-open. The library admits that they don't have proper verification to prove it was me.Equifax: Catalog company. Idiotic company left gifts I ordered on the porch and they were all stolen. The people that stole them, then called and ordered more stuff using my account info they took off the packages. Company admits they didn't keep records and can't track exactly what was ordered and where it was delivered.The Problem is, all three companies have stated they do not have accurate info. and are not responding to CB inquiries. I believe this to be true because all three did not respond to Trans Union resulting in deletes. The library explained that they are friendly to this method because they can still write it off internally as a loss, if they simply tab the file to not respond to inquries.I really have a sneaky feeling the CB's are not contacting the companies but simply "verifying" based on old information.Any advice? Link to comment Share on other sites More sharing options...
Ahntara Posted November 26, 2007 Report Share Posted November 26, 2007 "...it's not my responsibility...I have a statement..."The Data Furnisher needs to stop reporting this. You say it's a 'hospital bill'. Is the TL listed from the hospital or from a CA?"...stolen..."Provide the CRA with the proper documentation to assert ID Theft/Fraud for the Library bill and catalog bill. The list is located in the FCRA, Title 15 USC 1681s-2, subsection 605B. The definition of, and reason for, a proper Identity Theft report can be found at 1681a, subsection 603(q). Link to comment Share on other sites More sharing options...
WickeDay Posted November 27, 2007 Author Report Share Posted November 27, 2007 The hospital bill is from a collection agency, but I sent letters to both the CA and OC. See the last time I went to the library (several years ago) I told them that I did not under any circumstances whatsoever, even if I personally came back tomorrow-want a library account opened in my name, under my drivers license ever again in my lifetime. It worked for a bit because that was in 2001 or 2002 and I just recently found out it was opened again in 2004. They are demanding that I show a police report from 2004 showing that I disputed the charges back then. But, I never knew about them. I called the police recently, but they state that I have to file the police report in the state the fraud took place in, and because it's ID theft it must be done in person. (This was in California, I now live in NYC.) Link to comment Share on other sites More sharing options...
Ahntara Posted November 27, 2007 Report Share Posted November 27, 2007 "...police report from 2004..."Yeah, I've heard that creditors are requesting reports from that time period now (when your ID was alledgedly stolen). However, that condition does not exist in the FCRA. Perhaps there has been case law which established this since FACTA was passed in 2003. Unless someone posts it, we are not going to know...Your best defense is to quote the plain language of the statute, provide the required documenation and insist they follow the law!"...I never knew about them..."Quite simply, YOUR report will be dated when you found out about the ID Theft. I guess creditors, collectors and others are under the impression that ID Theft only happens when your wallet gets stolen, so they want to insist on a report from a month/year concurrent with your claim of ID Theft. Once again, this does NOT exist as a requirement in the law. Your ID Theft, or Fraud, could happen in ANY NUMBER of WAYS. And you may not be aware of it until years later. {I mean, 'duh'!}"...I have to file the police report..."This is why I always reference the FCRA:From 1681a, subsection 603(q)(4) "...The term 'identity theft report'...means, at a minimum, a report (A) that alleges an identity theft;( that is a copy of an official, valid report filed...with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency...{The reason follows} © the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false."So you can pick and choose which 'government agency' or branch of law enforcement YOU want to make your ID Theft report to. I would strongly suggest you use one of these listed directly in the law, and quote the law to these boneheads, showing that YOUR choice is perfectly valid and LEGAL!If CA police are not available, or convenient, for you - go elsewhere. The law says you can!From the FCRA 1681c-2, subsection 605B, the list of items required {will also place an automatic Fraud Alert on your consumer file}:"...consumer reporting agency shall block the reporting of information...that the consumer identifies as...resulted from an identity theft not later than 4 business days after the receipt...of...(1) appropriate proof of the identity of the consumer;(2) a copy of an identity theft report;(3) the identification of such information by the consumer, and(4) a statement by the consumer that the information is not information relating to any transaction by the consumer."If you provide this list of required documentation and they continue to give you the run-around, they are in violation. Notice that 1681c-2 is directed towards the CRA's and their responsibilities. You send the stuff, THEY notify the Data Furnisher. Link to comment Share on other sites More sharing options...
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