05-06-2010 04:11 PM - edited 05-06-2010 04:15 PM
I have a couple accounts that are not mine on my credit report. I did an online dispute to each of the credit bureaus so I guess my question is, will it do any good?
The first one is from DirectTV and it looks like it was bought by Riddle & A-holes. I remember a couple years ago getting a bill in the mail from DirectTV so I called them up and asked them what the deal was. I lived with my mom and had never even had my own place. Turns out it was from some address in Texas 2,000 miles away from me. I thought I cleared this up when I called but now its showing up in my credit report.
The other one is from T-Mobile and appears to be bought by Enhanced Recovery Con-men. This one just showed up on my report today and appears to have been opened around the same time as the DirectTV. My guess is it was opened in some crap hole of a town in Texas as well. Both are for around $400 a piece, which isnt much, but I would rather cut off my 5th appendage than give a damn penny for somethig thats not mine.
I assume that all the credit bureaus will do is make sure my name and social match up with what the creditor has on file? I'm SOL aren't I?
05-06-2010 06:47 PM
Burden of proof is on you to obtain/request the information needed to dispute the debt.
You will need to request documents to prove the debt is not yours. This will entail contacting the original creditor (the account number should appear in your credit report) and the collection agency, requesting copies of the original signed contracts/agreements and any kind of evidence to show that it was not you. You'll have to document the process and do it via trackable certified mail. It'll be a PITA, but if the debt is truly not yours, you should be able to get it off your credit reports once you mail them the pertinent information so they can conduct a dispute investigation. Keep in mind that the reporting agencies receive hundreds of disputes a day from people trying to get out of debts they legally owe.
The bill collectors and reporting agencies are not interested in hearsay and they are just doing their jobs, often based on limited information that was assigned to them. Having a hostile attitude with them from the get-go may result in you having to take the long and hard way of resolving: FDCPA litigation, which takes time, money, and often results in failure, as the creditor/collection agency only needs to show minimal information to show it is your debt...because courts are so backed up right now, the judge will not really want to spend all day hearing you out and will rule in favor of the creditor...
05-07-2010 03:36 AM
Hi debo26, and welcome to the myFICO forums!
I'm sorry that you've had to join us under such irritating circumstances, but I'm glad that you found us all the same. It sounds as if you may be the victim of Identity Theft, and I'd strongly encourage you to read this: FTC Identity Theft - Steps to Take. You'll need to file a fraud alerts on your credit reports, file a police report, and notify the FTC.
As the first step in establishing proof (if it becomes needed) that these debts are not yours, I'd recommend that you send a CMRR (normally, the return reciept isn't necessary for this type of request, but in the case of identity theft, you'll want a definitive papertrail) request for the full account information to the corporate HQ of each original creditor, accompanied by a copy of the police report. The information obtained will be for a) your records, and b) your attorney should you need to file suit against the CAs reporting, and or the credit reporting agencies. Should it become necessary, you can file suit yourself, but a good consumer attorney will make it far more painful (damages + attorney's fees = OUCH) for those who decide to violate the law.
You are most certainly NOT out of luck. You've stated that these are not your debts, so you are the victim of the crime. The burden of proof is now on the OCs & the CAs to provide proof that the debt is yours!
Friendly, Supportive & Respectful
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