cld Posted December 30, 2007 Report Share Posted December 30, 2007 I have disputed this account with CRA and all came back verfied, I sent a letter to Merrick asking that they verify account as mine, I maintain account was opened and used without permission, (used by ex spouse). Anyway I received a letter back and an order form from them saying that the documents I am requesting can be purchased, do I have to pay from records from them? I am not sure what to do now.Account opened 3/2002 Closed 10/2002SOL in AZ 3years.This account is showing as open collection on reports, what do I do now.Please help. Link to comment Share on other sites More sharing options...
Ahntara Posted December 30, 2007 Report Share Posted December 30, 2007 "...account opened and used without permission, (used by ex spouse)..."Was the account opened prior to divorce? Was it opened as a joint account or as an individual account in YOUR name? If this truely is a fraud situation, then send the documentation required by the FCRA and be done with these fools. Engaging in ping pong is pointless. You placed the burden of proof on them and they have tossed the ball back to you. Yuk!You can find the list in the FCRA 1681c-2, subsection 605B. The definition of, and reason for, a proper Identity Theft report can be found at 1681a, subsection 603(q). There is a sticky at the top of the page. Link to comment Share on other sites More sharing options...
cld Posted December 30, 2007 Author Report Share Posted December 30, 2007 The account was opened in just my name. Link to comment Share on other sites More sharing options...
brokeinok Posted December 31, 2007 Report Share Posted December 31, 2007 Before or after your divorce was finalized? Link to comment Share on other sites More sharing options...
cld Posted December 31, 2007 Author Report Share Posted December 31, 2007 No divorce involved just an 11 year mistake, thank goodness no marriage involved. Link to comment Share on other sites More sharing options...
brokeinok Posted December 31, 2007 Report Share Posted December 31, 2007 Your original post says it was used by an ex-spouse? So were you married or not? I'm confused. Link to comment Share on other sites More sharing options...
cld Posted December 31, 2007 Author Report Share Posted December 31, 2007 Not legally married, was considered common law. I am just trying to figure out what to do next. Do I have to pay for the records, or should I write another letter. Link to comment Share on other sites More sharing options...
brokeinok Posted December 31, 2007 Report Share Posted December 31, 2007 Is Merrick bank collecting on this or has it been referred to a collection agency? Do you still have a balance? If you have already disputed with the CRA and it came back as verified, then you need to write Merrick bank and tell them that you are requesting an investigation on this incorrectly reported account. You need to read up on the FCRA, you have the right to request that the data furnisher conduct an investigation into the TL on your CR. They have 30 days to respond or they must delete. They cannot make you pay for records to do this. Read the FCRA at the top of the page, then write you letter. Find the section on requesting an investigation and quote that section in your letter. Tell them that you expect a response as required in 30 days or deletion of the TL. http://www.creditinfocenter.com/repair/DisputingWithOriginalCreditor.shtmlThere are several threads with actual letters, you need to do more reading and searching. Link to comment Share on other sites More sharing options...
cld Posted December 31, 2007 Author Report Share Posted December 31, 2007 It has not been sent to CA, CRA show balance of $1293 and is being reported as charged off as bad debt, profit and loss write off, also show date open 3/2002 and date closed 10/2002. I did not authorize this card to be opened, I believe my ex and his girldfriend at the time opened the account. I will read the FCRA and write another letter. Hope that will work, I really don't want to pay for something I did not use. Link to comment Share on other sites More sharing options...
brokeinok Posted December 31, 2007 Report Share Posted December 31, 2007 If you truly and honestly did not apply for, know about or use this card, then it's fraud. If you knew and just let it go, then I'm not so sure that is the route you want to take with them. Do a forum search on fraud and identity theft. You'll find tons of information about the proper papers to file to get this removed off your report. Link to comment Share on other sites More sharing options...
brokeinok Posted December 31, 2007 Report Share Posted December 31, 2007 I'm not sure about the community property thing in AZ either or how the fact that you were not legally married would come into play in the identity theft either. Hopefully someone with more experience in that area will chime in and give you some direction. You can also search the Arizona State Statutes and see what you can find relating to common law versus legal marriage, community property and all that. Link to comment Share on other sites More sharing options...
Ahntara Posted January 1, 2008 Report Share Posted January 1, 2008 There was no legal marriage, the account was opened fraudently in your name, so this is a bonafide case of ID Theft. Submit the FCRA 1681c-2, subsection 605B list of docs and insist that both the DF and CRA's comply with the law. There is no need to get specifc and identity your ex- or your previous situation. Simply state (according to the law) that this account is not an account resulting from any transaction (or any Action) by you. That should end the matter.Claiming ID Theft means that you are a victim (along with the creditor) of this crime. As a victim, you are not liable for repaying the debt and it should not impact your CR. Link to comment Share on other sites More sharing options...
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