wishFICOwasdead Posted July 6, 2008 Report Share Posted July 6, 2008 i sent out a letter the credit beaurus informing them that the capital one tradeline was fraud and was never mine (june 6 the letter was mailed out. then wednesday i get a call from a collection agency calling on behalf of capital one. i told him that that was not my account and that i reported it to the credit beaurus as fraud, he said oh yeah well see about that. what should my next move be? it is coming up on 30 days that i sent my letter to the CB's and i have heard nothing from them. what should i do? Link to comment Share on other sites More sharing options...
CDL Posted July 6, 2008 Report Share Posted July 6, 2008 Did you do a police report and the IDT affidavit (notarized)? Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted July 15, 2008 Author Report Share Posted July 15, 2008 i just talked to crap one after my dispute came back verified. the managers at crap on keep saying well give us your SSN so we can look it up that way. my response is i gave it to the CRA and you gave them the number. and their response is well they can't find it with the account number and they need the SSN number. what should i do?*UPDATE* i just talked to 3 managers and none of them could find the account Link to comment Share on other sites More sharing options...
Ahntara Posted July 15, 2008 Report Share Posted July 15, 2008 What do you want to do?If this is a case of Identity Theft/Fraud, then ALL the required documentation listed in the law must be submitted to the CRA's. A letter (without all the docs) and phone call just won't cut it. Submitting those results in the TL being permanently blocked from your CR. You can also send a copy of these docs to Crap 1 to let them know not to attempt collection, and that they no longer have PP. Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted July 17, 2008 Author Report Share Posted July 17, 2008 i went to the police station and did a police report and sent it to capital one CMRR well they have not signed for it. i just talked to the lady on the phone and she said "Its Capital One's policy not to sign for any mail that comes to the P.O. Box that is certified." so now they are not signing for my police report that i sent to them. whats next??? Link to comment Share on other sites More sharing options...
CDL Posted July 17, 2008 Report Share Posted July 17, 2008 i went to the police station and did a police report and sent it to capital one CMRR well they have not signed for it. i just talked to the lady on the phone and she said "Its Capital One's policy not to sign for any mail that comes to the P.O. Box that is certified." so now they are not signing for my police report that i sent to them. whats next???You need the IDT affidavit from the FTC or your AG website. Next time just use delivery confirmation for a po box. I don't know what else to tell you if they refused it, but to resend it with confirmation. Link to comment Share on other sites More sharing options...
organizedgirl Posted July 17, 2008 Report Share Posted July 17, 2008 i went to the police station and did a police report and sent it to capital one CMRR well they have not signed for it. i just talked to the lady on the phone and she said "Its Capital One's policy not to sign for any mail that comes to the P.O. Box that is certified." so now they are not signing for my police report that i sent to them. whats next???If i were you i would get a lawyer who would take the case and sue the crap out of them. I guess the CB, CA OC get a kick out defamation of character. Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted August 4, 2008 Author Report Share Posted August 4, 2008 crap one is still coming back verified. i did a MOV with 3 angels of death and EX came back verified. But when i call Crap one they don't have the accnt# thats on my credit report in their system. what is my next step. i have never had a crap one card. and they have not responded to my DV letter yet Link to comment Share on other sites More sharing options...
Ahntara Posted August 5, 2008 Report Share Posted August 5, 2008 "...did a police report..."In the FCRA 1681c-2, Subsection 605B the relief from accounts/transactions resulting from alleged Identity Theft/Fraud is garnered by sending the documents listed to the CRA's. This should result in them being permanently blocked from your CR. You send a copy of the docs to the OC or CA for informational purposes and to show them they no longer have PP to pull your CR. Cap 1 will fight you on this, so be prepared. The law provides relief from REPORTING not collection efforts or lawsuits.Creditors have been dealing with the fallout from this change for 4 years now. It makes sense that they will want to know where to turn for liability if you, as the person listed in their records, refutes it. You may wish to research your state's laws relating to collection, lawsuits & ID theft to see if other remedies exist.Be sure to include all the items listed in the FCRA. Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted August 6, 2008 Author Report Share Posted August 6, 2008 You need the IDT affidavit from the FTC or your AG website. Next time just use delivery confirmation for a po box. I don't know what else to tell you if they refused it, but to resend it with confirmation.do i send the affidavit to the CRA or Crap one or both??? Link to comment Share on other sites More sharing options...
Ahntara Posted August 7, 2008 Report Share Posted August 7, 2008 "...In the FCRA...relief..is...sending the documents...to the CRA's...""...You send a copy...to the OC or CA for informational purposes...they no longer have PP..."You can use one of the forms suggested, but your own written statement works just as well, as long as it includes EVERYTHING required by the law. It's strongly suggested that you read the referenced passage. Link to comment Share on other sites More sharing options...
wishFICOwasdead Posted August 8, 2008 Author Report Share Posted August 8, 2008 i was thinking about sending a letter like this to the three CRACRA'sTo Whom It May Concern:Enclosed is a copy of the lawsuit that I filed against you in (my county) court on [date]. Currently the Pretrail Conference is scheduled for [date]. in courtroom #33. The case number is (insert case #).The reason the lawsuit was filed was due to a completely inadequate response from your company. When someone is the victim of identity theft, it is simply a nightmare trying to get false information removed from a credit file. I have contacted all of the false creditors listed on my credit file. I have challenged all of the false listings on my credit file. Nothing ever happens to fix the situation.Over 60 days ago I wrote the creditor in question and demanded proof that I am their customer. I asked for proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. So far none of them has been able to provide such proof to me. I have sent follow-up letters to each of them and there is still no proof. I have attempted phone contact, but I simply get transferred around and nothing ever gets accomplished.I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. I have copies of the certified letters and dates prepared to bring to court on April 10th. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they cannot be supported by any evidence.Under the Fair Credit Reporting Act, if they cannot verify the debt within 30 days, then it must be removed. Your letters to me claim to have ‘verified’ the debt, but this is in fact not true under law. Simply contacting the alleged creditor and asking them to match up numbers in their database is no sufficient verification for identity theft. Of course the information matches up. Someone clearly used my information without my authorization.You may contact me before [date] at (my phone number) or at my address listed at the top of this letter. This matter can be settled simply by your agreement to remove the false information from my credit file.I require a response, on point, in writing, hand signed, and in a timely manner. If I get another pointless letter from you saying that it has already been ‘verified’ then there will be no more opportunity for negotiation. This will proceed in court until I have successfully proven to a judge that this false information must be removed from my credit file. I will also be aggressively pursuing the full judgment that I can get against CRAfor violation of the Fair Credit Reporting Act and Defamation.The items to be removed from my credit report are listed as follows:(listed account number)I look forward to your response.Sincerely,ME Link to comment Share on other sites More sharing options...
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