Jump to content

Jdb still trying to collect On identity theft account


Tt66
 Share

Recommended Posts

I have sent in a identity theft affidavit notorized, police report, disputed with oc and credit agency's. I sent everything certified mail return receipt. The oc excepted the credit agency's did as well. Midland funding is still reporting it to the credit agency's and trying to collect. Equifax erased the account and now added it back when midland reported it this month. Ex and tran still have the account erased off my record and the oc is off as well now. What should I do to get the jdb to stop reporting? Thanks for any help.

Link to comment
Share on other sites

I have sent in a identity theft affidavit notorized, police report, disputed with oc and credit agency's. I sent everything certified mail return receipt. The oc excepted the credit agency's did as well. Midland funding is still reporting it to the credit agency's and trying to collect. Equifax erased the account and now added it back when midland reported it this month. Ex and tran still have the account erased off my record and the oc is off as well now. What should I do to get the jdb to stop reporting? Thanks for any help.

 

@Tt66

 

Let me ask you these questions, so I can better understand this:

  1. In mailing the identity theft affidavit and police report to the Credit Reporting Agencies (CRAs), did you specifically request a FCRA 605B block in your letter?

     

  2. Did the CRA mail you a letter that it has reinserted the disputed information, which it must do within 5 business days after it has done so, pursuant to FCRA 611(a)(5)( B)?

     

  3. Have you mailed anything to the junk debt buyer (JDB)?

 

It may be helpful to read the following thread, so we can have some context:

 

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

Link to comment
Share on other sites

I did not request a FCRA 605b block. The CRA did not send me a letter within 5 days of putting it back on. I sent to the junk debt buyer the info certified mail return receipt and they signed for it about a month ago. Should I resend to CRA with the FCRA 605B block? Can the jdb keep trying to collect after you have sent them the police report and affidavit? I will read the thread you have provided me. Thank you.

Link to comment
Share on other sites

I sent to the junk debt buyer the info certified mail return receipt and they signed for it about a month ago.

 

To clarify, did you mail the identity theft affidavit and police report to the JDB?

 

Is the identity theft affidavit from the FTC website?

 

 

Can the jdb keep trying to collect after you have sent them the police report and affidavit?

 

The FCRA does not address whether the JDB must stop debt collection upon notice of identity theft.

 

However, it does say the JDB must stop furnishing the negative info to the CRA (related to the alleged account) upon notice of identity theft from the victim per FCRA 623(a)(6)( B).

 

 

But anyways, did the JDB mail you a debt validation letter?  Near the bottom of the letter should contain a notice saying you have thirty days to dispute the debt.

 

I will answer your other questions later on.

Link to comment
Share on other sites

Should I resend to CRA with the FCRA 605B block?

 

@Tt66

 

From what you mentioned so far, it seemed you provided all the documents to the CRA and the JDB which should had triggered the statutory requirements in the FCRA.

 

How I see it, there are two choices to consider:

  1. Start all over again with a FCRA 605B block to the CRA; or,

     

  2. Follow up with a telephone call to the CRA and/or the JDB and insist the respective entity follow the FCRA, since you provided them all the necessary documents.

In my personal opinion, I think you may want to consider the first choice, since you would be on much stronger ground . . . but the choice is up to you.

 

May I ask, what is your preference?

Link to comment
Share on other sites

How to Invoke FCRA 605B with the Credit Reporting Agency (CRA)

 

1.  Write the following cover letter to the Credit Reporting Agency (CRA):

 

<Your Mailing Address>
 

<Date>
 

ATTN:  Fraud Department

<Name of CRA>

<Mailing Address>
 

Name:  <Your Legal Name>
Credit Report #:  <Credit Report Number>
Social Security #:  <Last Four Digits Only>    (Last Four Digits Only)

REQUEST IDENTITY THEFT BLOCK

 

Dear Sir or Madam:

 

I am a victim of identity theft.  Here below are items on my credit report I have NEVER authorized, used, or benefited from.  These accounts were opened because of identity theft, and therefore I dispute as follows:

  • <Name of Original Creditor>, Account #: 1234 5678 9012 3456
  • <Name of Junk Debt Buyer>, Account #:  1234 5678 9012 3456

Please block the above items from my credit report, pursuant to section 605B of the Fair Credit Reporting Act, and send the required notice to all businesses that supplied this information.

 

The Fair Credit Reporting Act requires you to block the fraudulent information on my credit report resulting from identity theft within 4 business days and to promptly notify the business that sent you that information.

 

Here attached are copies of the following documents, pursuant to section 605B(a) of the Fair Credit Reporting Act:

  • State issued Driver’s License
  • Social Security Card
  • FTC Identity Theft Affidavit
  • Police Report

Here also attached are documents relating to my right to an Identity Theft Block pursuant to Federal law:

  • Fair Credit Report Act, Section 605B (relevant paragraphs)
  • Equifax statement about Right to Identity Theft Block (refer to item #5)

Please send me a letter after you have blocked the information from my credit report and sent notice to the businesses involved.


Sincerely,

<Your Signature>

<Your Legal Name>

Attachments:

  1. State issued Driver's License
  2. Social Security Card
  3. FTC Identity Theft Affidavit
  4. Police Report
  5. Fair Credit Reporting Act, Section 605B
  6. Equifax statement about Right to Identity Theft Block (refer to item #5)

 

Instructions:

 

The line "REQUEST IDENTITY THEFT BLOCK" should be all caps, bold, and extra large font.  This is because the CRA employee has only a minute to read through your letter.

Note that in this letter, it is best to dispute both the original creditor (OC) and the junk debt buyer (JDB), even if either already had deleted the adverse item from the credit report.

List as many OC and JDB accounts you believe are because of identity theft, but make sure it matches the accounts you listed in the FTC Affidavit.

For the attachments, only photocopies should be provided to the CRA, not originals.  Make sure you keep the originals.

 

2.  Include these attachments to the letter (photocopies only):

  • State issued Driver’s License
  • Social Security Card
  • FTC Identity Theft Affidavit
  • Police Report

3.  Include this attachment quoting the FCRA 605B:

 

 

Fair Credit Reporting Act, Section 605B (Relevant Paragraphs)

 

§ 605B. Block of information resulting from identity theft

(a) BLOCK- Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency 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.

( B) NOTIFICATION- A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection (a)--

(1) that the information may be a result of identity theft;

(2) that an identity theft report has been filed;

(3) that a block has been requested under this section; and

(4) of the effective dates of the block.
 

 

4.  Include attachment of "Remedying Identity Theft" from the Equifax website

 

Print a copy of this document straight from the Equifax website about "Remedying Identity Theft":

 

https://help.equifax.com/app/answers/detail/a_id/35/noIntercept/1

 

Circle item #5 paragraph about the identity theft block.  Include as attachment to cover letter.

 

5. Verify the Mailing Address and Fax Number of the Fraud Department

 

This letter and attachments should be sent to the Fraud Department of the respective CRA, which has its own mailing address and fax number.

 

To verify the contact information, call the CRA and say to the employee "I am a victim of identity theft.  May I be transferred to the Fraud Department?" 

 

Then when you get transferred, ask "Is this the fraud department?"  If the answer is yes, then tell him or her you are requesting an identity theft block, and you will be mailing them an identity theft report. 

 

Request the mailing address.  Finally, ask for the fax number.

 

6.  Fax the Letter with Attachments

 

In your fax cover sheet, provide the following information in the comments section:

 

Name:  <Your Legal Name>

Address:

Credit Report #:

Social Security #:  <Last Four Digits Only>

Number of Pages:  <Number of Pages, including cover sheet>

Reason:  Request Identity Theft Block

 

Fax the cover sheet, letter, and attachments to the CRA.  The CRA will need 48 hours to process the fax (excluding weekends and holidays).

 

7.  Mail the Letter with Attachments

 

Mail the same letter with attachments, which you faxed earlier, to the mailing address certified mail with return receipt.  (There is no need to provide the fax cover sheet.)

 

Preferably, mail this USPS Priority Mail (two day delivery), in a priority mail flat rate envelope, provided at the post office.

 

This may be more expensive, but you will have a tracking number to confirm delivery on the USPS website.  The reason for this is sometimes the return green card gets lost in the mail. 

 

Even if you get the return green card back, sometime the date field is blank, or the signer writes the incorrect date.  The tracking number provides an extra layer of verification.

 

Remember to keep the originals, and postal mail only photocopies.

 

8.  Call the Fraud Department 48 Hours after Fax

 

The CRA will need 48 hours to process the fax (excluding weekends and holidays).

 

Then after 48 hours, call back the fraud department to verify if they received the fax. 

 

If the Fraud Deparment does confirm receipt of the fax, ask the exact date the CRA received it.  Tell him or her they have 4 business days to block the adverse items, pursuant to FCRA 605B.

 

9.  Confirm the Identity Theft Block

 

Now once the 4 business days have elapsed, call the Fraud Department and confirm if the adverse items have been blocked.  If not, then ask the employee to explain why.

 

If the employee does not understand you, or is not cooperative, ask to speak to a supervisor.

 

Read this statement from the Equifax website to either the employee or the supervisor, and ask him or her "Is this statement from the Equifax website true?":

 

Remedying Identity Theft


https://help.equifax.com/app/answers/detail/a_id/35/noIntercept/1

5.     If you believe information in your file results from identity theft, you have the right to ask that a consumer reporting agency block that information from your file. An identity thief may run up bills in your name and not pay them. Information about the unpaid bills may appear on your consumer report. Should you decide to ask a consumer reporting agency to block the reporting of this information, you must identity the information to block, and provide the consumer reporting agency with proof of your identity and a copy of your identity theft report. The consumer reporting agency can refuse or terminate your request for a block if, for example, you don't provide the necessary documentation, or where the block results from an error or a material misrepresentation of fact made by you. If the agency declines or rescinds the block, it must notify you. Once a debt resulting from identity theft has been blocked, a person or business with notice of the block may not sell, transfer, or place the debt for collection.

 

Remind the employee the CRA must block the adverse items within 4 business days, pursuant to FCRA 605B.

 

If it is indeed blocked, then request written confirmation of the blocked items.

Link to comment
Share on other sites

Do not mail anything to the JDB, yet.  Wait until you receive verbal and written confirmation that Equifax has blocked the fraudulent items on your credit profile.

 

Once you have confirmation, then update your status on this thread.

 

Next steps will probably invoke FCRA 623 against the JDB, which is different than what you would do with the CRA.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.