Failed debt validation...what next?
Date: Thu, 10/16/2008 - 09:54
Background: When I was younger, my mother signed up for several credit cards in my name. I received my first collections call in November of '07 (Collect America). In order to forgo the whole sending my mother to jail option, I figured I'd be better off fighting this, at least until the SOL runs out; but I'd obviously prefer to deal with this sooner. They failed to provide validation and instead sold the debt to another JDB. I sent another DV to the new buyer and again they failed to provide validation. Just recently I received another call from another CA; but that was nearly 2-3 weeks ago and they haven't called back since.
After confronting my mom about this she paid off all but 1 of the credit cards in my name. She continues to pay off the additional card and should be paid by the end of the year. Needless to say my CR is pretty much in the trash after all this and I'm actively working to fix it.
So now my question is...I have all the certified mail receipts along with signed signature receipts to indicate that validation has been requested. Both of the CA's have failed to provide validation, so would it do me any good to dispute the charge-off with the CRA?
And supposing I am able to remove the marks on my report, can another JDB put them back on?
Thanks!
After confronting my mom about this she paid off all but 1 of the credit cards in my name. She continues to pay off the additional card and should be paid by the end of the year. Needless to say my CR is pretty much in the trash after all this and I'm actively working to fix it.
So now my question is...I have all the certified mail receipts along with signed signature receipts to indicate that validation has been requested. Both of the CA's have failed to provide validation, so would it do me any good to dispute the charge-off with the CRA?
And supposing I am able to remove the marks on my report, can another JDB put them back on?
Thanks!
You are a victim of ID theft plain and simple. Forget validatio
You are a victim of ID theft plain and simple. Forget validation because you are a victim and you have a remedy to this situation. Here are the steps you need to take to resolve this issue. A Police report will need to be filed and I can understand you may have some reluctance to do this but you should not suffer because of a relatives wrong doing. This is not going to be an easy thing to do without the police report since payments have been made on the account. ID Theives usually run up the balance and never make a single payment. Sounds like she did make some payments so the creditors, CA's JDB's and CRA's are going to need everybit of documentation in order for you to resolve this.
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File Police Report: a. Very important to establish time of discovery & action on your part. b. Always submit relevant documents relating to the case. Copies only c. Itemize all creditors affected & properly identify them. name / account number / amount... d. Obtain copy of the police report; if not then the file number. e. Be persistent, local authorities may tell you they can't take a report. If that does not work suggest going to county or state police. If you're told that identity theft is not a crime under your state law, ask to file a Miscellaneous Incident Report instead. f. If you don't have everything at that time needing to be added - that is ok, you can follow up later with additional information just be sure to obtain an updated police report at that time. Contact Credit Reporting Agencies to activate Fraud Alert Experian - 888-397-3742 PO Box 9532 Allen Tx, 75013 Equifax - 800-525-6285 PO Box 740241 Atlanta Ga, 30374-0241 TransUnion - 800-680-7289 Fraud Victim Assistance Department PO Box 6790 Fullerton Ca, 92634-6790 a. When calling one credit reporting agency should activate the other 2 automatically. This is only in affect for 3 months for you to review and get disputes in order. b. You will have a free credit report mailed out to you. c. It will automatically opt you out from receiving junk mail cause by the credit reporting agencies selling name & addresses to creditors. Here is further information for opting out: Opt-Out: 1-888-567-8688 Mail Preference Service Direct Marketing Association Removal ???????? Mailing Lists PO Box 9008 Farmingdale NY 11735 Telephone Preference Service Direct Marketing Association Removal ???????? Telemarketing Lists PO Box 9014 Farmingdale NY 11735 Do Not Call Registery Site: http://www.ftc.gov/donotcall Even if you exercise all of these options for opting-out, you may continue to receive solicitations from local merchants, religious and charitable associations, professional and alumni associations, politicians and companies with whom you conduct business. To eliminate mail from these groups- as well as mail addressed to ???????occupant??????? or ???????resident??????? ???????? write directly to each source. To explain better about opt-out: All three credit reporting agencies on a regular basis will sale mailing lists to creditors for the purpose of soliciting various products this is how you get the pre-screened credit card offers in the mail. This is not good if you happen to move around and will result in id theft on occasion. When moving people will put in request at post office for change of address; but this forwarding, will only last one year. If there are creditors out there they mail circulation after this point ???????? you will not know about it until to late. Recommend that should you plan to move, at least six months prior establish a PO Box with the local post office. Forward all mail to the post office address, then wait and see which creditors slip by sending directly to the physical address. Write these creditors with the correct address. This will help catch some of them out there, and opting out hopefully will catch the rest of them. Finally when you do opt out include all prior addresses and names ever used... can't be careful enough on this matter. Note: Fraud alert is not a guarantee that creditors will be alerted to protect your information, or stop further fraud activity. This is a purchased product on their side - not many pay to know the fact of the matter that you have been a victim of fraud. Recommended: To further protect yourself by writing in request for Victim Statement to be added to your credit report. Must include a copy of your phone bill - section which shows your name, address, and phone number. They will add a statement like this one: Please verify identify prior to extending credit, victim of id theft, please call ... (they will add your phone number to the credit report). This can stay on your credit report for up to 7 years, unless you write in to cancel prior to that. This will be added into the remarks section on your credit reports / creditors don't have to pay additional to see this.. if they look they will know that you want them to call prior to extending credit and should do so to further protect you! This of course does not protect you further from other types of companies - which in the course of business don't review credit reports. Additional items of important to do: a. Call the Federal Trade Commission - 877-438-4338 or visit their web site: www.ftc.gov to report your fraud case. b. Also request their booklet called: When Bad Things Happen To Your Good Name. c. This book contains an ID Theft Affidavit in the back which you should use. d. Be sure to read through this book, just to make sure to problem solve if there are any other organizations which may be relevant for you to contact. Review your Credit Report: a. Make note of all creditors affected by the fraudulent activity. b. Write back dispute; noting who these creditors are and exactly why you are disputing and what you want done in the matter. c. Forward copy of police report d. Forward copy of id theft affidavit Contacting Creditors / Collection Agencies: a. Contact immediately as soon as you know they have been affected by the fraud. b. Inform them immediately to close account. Change pin number / password protect and tell them you don't want them sharing your information with anyone unless it is law enforcement opt-out and include their affiliates. b. Ask for their address specifically for their: Fraud Department. c. By writing send in your dispute, copy of police report (or file number with contact information to the exact police department involved in the case); and a copy of your id theft affidavit. d. Some creditors will require further steps be taken, including their own id theft affidavit. Be sure to complete and follow up with what they ask or provide. e. Be sure to follow up all leads provided in this matter, ask questions, and research the matter if you know something to be important... finding the person responsible is just as important. Other directions may include: Information also contained in FTC booklet Contact these companies concerning bank fraud: If you're not sure which of the agencies listed below has jurisdiction over your institution, call your bank or visit www.ffiec.gov/enforcement.htm Federal Deposit Insurance Corporation FDIC www.fdic.gov The FDIC supervises state-chartered banks that are not members of the Federal Reserve System and insures deposits at banks and savings and loans. 800-934-3342 Division of Compliance and Consumer Affairs 550 17th Street NW Washington, DC 20429 Federal Reserve System (Fed) www.federalreserve.gov The Fed supervises state-chartered banks that are members of the Federal Reserve System. 202-452-3693 Division of Consumer and Community Affairs Mail Stop 801 Federal Reserve Board Washington, DC 20551 National Credit Union Administration (NCUA) www.ncua.gov The NCUA charters and supervises federal credit unions and insures deposits at federal credit unions and many state credit unions. 703-518-6360 Compliance Officer, National Credit Union Administration 1775 Duke Street Alexandria VA, 22314 Office of the Comptroller of the Currency (OCC) www.occ.treas.gov The OCC charters and supervises national banks. If the word "National" appears in the name of a bank, or the initials "N.A." follow its name, the OCC oversees its operations. 800-613-6743 Customer Assistance Group 1301 McKinney Street, Suite 3710 Houston TX, 77010 Office of Thrift Supervision (OTS) www.ots.treas.gov The OTS is the primary regulator of all federal, and many state-chartered, thrift institutions, which include savings banks and savings and loan institutions. 202-906-6000 Office of Thrift Supervision 1700 G Street NW Washington DC, 20552 There is more great information in the FTC provided book, but it is a great start for understanding your rights in these matters. |
Quote:You are a victim of ID theft plain and simple. Forget vali
Quote:
You are a victim of ID theft plain and simple. Forget validation because you are a victim and you have a remedy to this situation. Here are the steps you need to take to resolve this issue. A Police report will need to be filed and I can understand you may have some reluctance to do this but you should not suffer because of a relatives wrong doing. |
Ok...well suppose I do file a report and let them know my mom did it. Could I then say that I do not wish to press charges? Then send the CRA my police report?
If I went this route I would want to make sure that she does not go to jail and only have the debt transferred to her name. She has already told me that she has no problem transferring this to her credit report.