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Not mine account disputed with CRA's - JDC is requseting for police report


bored7one4
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So I've help my co-worker send out her first dispute to the all 3 CRA's because after pulling her Credit report she saw some accounts that she is sure that does not belong to her.  She mention in the letter that she might be a victim of fraud due to her ex boyfriend and now she is getting all kind of letters from the JDC that asking for her to send in police report, notarized fraud theft addidavit.

 

How should she reply?  and should she even reply ?

 

Thanks

 

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Did your co-worker authorize these accounts opened by her ex-boyfriend?

 

If she did authorize those accounts, that it is not identity theft.

 

If she did not authorize these accounts, then it is identity theft.  Please refer to this thread:

 

http://www.creditinfocenter.com/community/topic/322048-taking-on-bank-of-america/

 

Keep in mind, identity theft is a serious accusation.  Is she willing to file a police report against her ex-boyfriend?

 

Do not submit anything to the JDB/JDC until I respond back, but please answer the above questions.

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A consumer cannot just say "not mine" and expect to be taken at their word.  The presumption is if someone uses your identity to establish credit without your okay then you would be willing to file the affidavit of fraud and ID theft with the proper agencies.  

 

Can she honestly do that?  

 

More often people are unwilling to make the complaint because of emotional reasons not because it isn't fraud.

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She is willing to file a report with the policy if we can get proof those account were not open by her.  ex boyfriend has a gambling problem from what she tells me is its very possible. 

 

So my question is how can you file a police report accusing the ex bf if you have no proof?

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First, a report of identity theft does not require the identification of a suspect. Think about it . . . how many people know who has stolen their identity.

 

Second, I don't know what you mean by JDC. I think you mean Junk Debt Buyer (JDB). If that is the case, your friend is not obligated to send them proof of anything. Send them a cease & desist and be done with them. It doesn't matter what you send them anyway, they will continue to attempt to collect.

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She is willing to file a report with the policy if we can get proof those account were not open by her.  ex boyfriend has a gambling problem from what she tells me is its very possible. 

 

So my question is how can you file a police report accusing the ex bf if you have no proof?

 

Disclaimer:  I am not a lawyer.  This is not legal advice.

 

If she does not know for sure who opened the accounts, and she has no proof or evidence indicating who it may be, then she can create an identity theft report without naming anybody.  It is not her job to investigate. 

 

If asked, she can say, "I don't know."

 

That said, can you answer these questions:

  1. How many fradulent accounts did she dispute with the credit reporting agencies (CRAs), that she did not authorize?

     

  2. How many of those fradulent accounts did the CRA complete its investigation of the dispute?

     

  3. If the CRA completed the investigation, what was the result of the investigation?  For example, did it say "verified"?  Did the CRA provide the result in writing, or did the CRA tell her over the phone?
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Have your co-worker do the following:

  1. Generate a FTC Identity Theft Affidavit on the FTC website
  2. File a police report (if possible get a copy)

Here are the exact steps how to do the above:

 

http://www.creditinfocenter.com/community/topic/322048-taking-on-bank-of-america/

 

It is very important she follows the steps (in the link above) as closely as possible.  Not doing so may complicate her situation.

 

Do not submit any documentation to the credit reporting agency (CRA), yet.

 

Do not submit any documentation to the junk debt buyer (JDB), yet.

 

Do not submit any documentation to the original creditor (OC), yet.

 

If the JDB or OC calls her up on the telephone, do not provide them any information, or answer any of their questions,  Do not argue with them or complain. 

 

Instead, ask for their name, telephone number, mailing address and fax number.  That is all.

 

Then say, "I will mail you a letter.  I need to go now.  Bye."  Hang up.

 

This is a multi-step process, which has to be done in the proper order.  Let us know once she secures the FTC Identity Theft Affidavit and files the police report.  Then we can discuss the next step.

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There remains one other explanation for being dunned on an account you have no records or memory of.  That explanation is a mixup somewhere with the OC or JDB records.  I have had a JDB try to collect an account from my where the stated OC is a company I have never done business with.  When I said it was not mine, they wanted a copy of an ID theft police report.  I told them that I had no information that showed it to be ID theft, and demanded that they send me certain information, such as the signature from the original account agreement, to help me determine whether or not this was ID theft.  Then I told them if they failed to send me this evidence in 30 days, then I would assume it's just a matter of them or the OC getting records mixed up.

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Have your co-worker do the following:

  • Generate a FTC Identity Theft Affidavit on the FTC website
  • File a police report
Here are the exact steps how to do the above: http://www.creditinfocenter.com/community/topic/322048-taking-on-bank-of-america/ It is very important she follows the steps (in the link above) as closely as possible.  Not doing so may complicate her situation. Do not submit any documentation to the credit reporting agency (CRA), yet. Do not submit any documentation to the junk debt buyer (JDB), yet. Do not submit any documentation to the original creditor (OC), yet. If the JDB or OC calls her up on the telephone, do not provide them any information, or answer any of their questions,  Do not argue with them or complain.  Instead, ask for their name, telephone number, mailing address and fax number.  That is all. Then say, "I will mail you a letter.  I need to go now.  Bye."  Hang up. This is a multi-step process, which has to be done in the proper order.  Let us know once she secures the FTC Identity Theft Affidavit and files the police report.  Then we can discuss the next step.

I say don't submit any documentation to the JDB EVER.

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Here's the deal.  If you follow the steps in the other thread, then all the adverse items, with respect to identity theft, will be blocked from all CRAs and will not appear on your credit report.

 

Then once it is blocked, the JDB will most likely will drop the matter, and maybe sell the alleged account back to the OC.  If that is the case, then the whole question of whether to provide documentation or not to the JDB will become moot.

 

This is really a red herring, and should not discourage others from following these steps:

 

http://www.creditinfocenter.com/community/topic/322048-taking-on-bank-of-america/

 

That said, there are strong statutory reasons (FCRA 623(a)(6)( B), California Civil Code 1788.18) why it may be right and proper to provide an identity theft report to a JDB, but only as a last resort.

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Investigation of identity theft is not up to a junk debt buyer, it is up to the police. You do not need any proof of jack  I would tell them its confidential information and they do not have the legal need to know any of the details of an ongoing investigation.It is not up to them to determine if fraud is involved. It just another one of their ploys to gain private information that they do not have a legal need to know.  

 

Do not listen to anything they say, if a debt collector opens their mouth they are lying.

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Here's the deal.  If you follow the steps in the other thread, then all the adverse items, with respect to identity theft, will be blocked from all CRAs and will not appear on your credit report.

 

Then once it is blocked, the JDB will most likely will drop the matter, and maybe sell the alleged account back to the OC.  If that is the case, then the whole question of whether to provide documentation or not to the JDB will become moot. Nooooooo, why would the OC buy it back? the OC has already made a determination that is it uncollectable. They may sell it to another junk debt buyer.

 

This is really a red herring, and should not discourage others from following these steps:

 

http://www.creditinfocenter.com/community/topic/322048-taking-on-bank-of-america/

 

That said, there are strong statutory reasons (FCRA 623(a)(6)( B), California Civil Code 1788.18) why it may be right and proper to provide an identity theft report to a JDB, but only as a last resort.

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The whole point of an identity theft report, is not to "prove" to a JDB or an OC that you are a legitimate victim of identity theft.

 

On the contrary, the whole purpose of providing an identity theft report to an entity is that it invokes particular legal protections in favor of the consumer, and against the JDB or an OC.

 

Think about it this way.  It's like a "debt validation" or "cease and desist" letter, but 10 times stronger.

 

If the concern is "I don't want to provide my personal info," well, the JDB or OC most likely already has your personal information already, by pulling your credit report.

 

Most likely, the police report will contain your personal contact information, like name and address (other info you can redact) and your claim to be a victim of identity theft.  Nothing more. 

 

No, this is not about pleasing the JDB, and giving them what they want.  It's about stopping them cold.

 

Like I said before, all of the above will probably be moot, once the identity theft blocks are put in place with the CRAs, and if the JDB drops the matter, so there will probably be no need to provide one to the JDB in the first place.

 

But in the worst case scenario, you can invoke these particular statutes, and its protections, if the need arises.

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Blue Squad wrote:

 

Then once it is blocked, the JDB will most likely will drop the matter, and maybe sell the alleged account back to the OC. 

 

BTO429 replied:

 

Nooooooo, why would the OC buy it back? the OC has already made a determination that is it uncollectable. They may sell it to another junk debt buyer.

 

Blue Squad response:

 

That is a very good question.  There can be an agreement between the OC and JDB in which the OC must buy back the debt from the JDB, if the debt is proven to be defective, such as with identity theft.

 

Furthermore, if I read the FCRA correctly, the OC could not re-sell the defective debt to anyone else, anymore.

 

Think about it this way.  If you bought a brand new television from a store, and you open the box and found it defective, and your receipt says you can return the television, no questions asks, would you not return it for a refund? 

 

Furthermore, the store would be in trouble for knowingly re-selling a defective TV to anyone else.

 

This is the OC version of a money back guarantee to the JDB, so YEEESSSSSSSS it can happen.

 

Hey, you know what, I know it's true, because it happened to me!

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Blue Squad wrote:

 

 

BTO429 replied:

 

 

Blue Squad response:

 

That is a very good question.  There can be an agreement between the OC and JDB in which the OC must buy back the debt from the JDB, if the debt is proven to be defective, such as with identity theft. I beg to differ, once an OC sells their portfolio the jdb is stuck with it, an OC provides no guarantees with their portfolios. In fact their is usually a clause that states there are no guarantees with the debts in the portfolio.

 

Furthermore, if I read the FCRA correctly, the OC could not re-sell the defective debt to anyone else, anymore. Negative,,,,these debts get sold numerous times, if they buyer cannot collect the debt they sell them to another buyer.

 

Think about it this way.  If you bought a brand new television from a store, and you open the box and found it defective, and your receipt says you can return the television, no questions asks, would you not return it for a refund? But these debts are not brand new there are normally very old, and they do not come with a warranty of any kind.

 

Furthermore, the store would be in trouble for knowingly re-selling a defective TV to anyone else. That product liability, that does not happen in the debt collection business.

 

This is the OC version of a money back guarantee to the JDB, so YEEESSSSSSSS it can happen. There are no money back guarantees, they sell them as is with no guarantees.

 

Hey, you know what, I know it's true, because it happened to me!  Then it was probably not  purchased debt, the collection agency was more than likely an assignee of the debt and collecting on the behalf of the OC.

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Blue Squad wrote:

Furthermore, if I read the FCRA correctly, the OC could not re-sell the defective debt to anyone else, anymore.

BTO429 wrote:

Negative,,,,these debts get sold numerous times, if they buyer cannot collect the debt they sell them to another buyer.

 

 

FCRA 615(f)(1) addresses this scenario, as it prohibits an entity from re-selling a debt that resulted from identity theft, with an exception (see below).

 

FCRA 615(f)(3)(A) allows an exception, as it permits an assignee of the debt to require repurchase of the debt, presumably from the entity it originally purchased the debt from.

 

Blue Squad wrote:

Hey, you know what, I know it's true, because it happened to me! 

 

BTO429 wrote:

Then it was probably not  purchased debt, the collection agency was more than likely an assignee of the debt and collecting on the behalf of the OC.

 

To be sure, I re-checked my previous old credit reports this morning, to verify this possibility.

 

Equifax set the activity description as "Transfer/Sold", with a zero balance.

 

Transunion had a "date paid" and a "date closed", with each respective date one month apart from each other, with a zero balance.  I'm sure the identity thief did not make a payment.  Neither did I.

 

From what I understand, either of the above is indicative of an account sold from the OC to the JDB.

 

But anyways, I think whether the alleged debt is assigned (with collector as agent) or sold is a minor issue.

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@Blue Squad

 

 

FCRA 615(f)(1) addresses this scenario, as it prohibits an entity from re-selling a debt that resulted from identity theft, with an exception (see below).

 

 

This is only the case if the consumer provides the CRA with an identity theft report, the CRA accepts it, and the CRA notifies the furnisher that the ID theft report has been accepted.

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This is only the case if the consumer provides the CRA with an identity theft report, the CRA accepts it, and the CRA notifies the furnisher that the ID theft report has been accepted.

 

Yes.  This is true. That's why I encourage victims of identity theft to request a FCRA 605B identity theft block from the CRA, as I mentioned in the other thread.

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