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Established Member
Posts: 32
Registered: ‎04-21-2008
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Disputing collections due to bank fraud

Hello all, I'm hoping someone here may have some advice! I'm a little heated about it, I apologize it's long winded. Back in March I was the victim of bank fraud when my vehicle was broken into and cards/checks stolen. Three banks were impacted, police report filed, bank accounts closed and I believed everything to be settled until the other day when I received a collections notice in the mail for a bad check 5 days following the break in written at Red Robin.

 

I contacted Red Robin but had not heard any additional follow up from them regarding copies of the check so decided to contact the collections agency directly to find out what they would need to satisfy having this closed. Seemed simple enough as I did not write these checks and had copies of the police report. Prior to gathering any information other than my account number she began with her verifying my name and address (on the letter that was sent), phone number (which I gave without thinking) and then social. I hesitated with that and stated I would confirm last four. She then asked for my place of employment and husbands name and I stopped her. I asked what these questions had to do with anything and she stated "this is a collections agency and any information obtained will be used for that purpose. this call is being recorded..." the usual drill. I said I wasn't answering any further questions and just needed information on how to address the fraudulant charge. She stated they would need a copy of the police report and an affidavit of forgery from the bank.

 

I contacted the bank who stated they did not and do not request anything from me. They had a copy of my request regarding fraud to freeze the account which I subsequently closed and everything was handled on that end and she immediately placed it into the mail.

 

I contacted the collections agency again who stated that this would not suffice. I told her this is ridiculous, I have the police report clearly outlining the activity on the accounts and the fraud and I did not write this check. She stated "You can send it in but I can't promise it's going to be enough for them." When I asked her who "them" is she stated that their company would review the documents and notify me if it was enough to satisfy them, if it wasn't I would be notified by mail. I then asked what I can do to stop the collections activity while I await documentation from the bank and she stated "You're already in collections. The process has begun." at which point I got so angry I hung up.

 

In the event they do not accept the documentation I have available to me as sufficient evidence what steps do I take from here? Am I able to just contact the bureaus directly and go that route? I dont want this collections activity to pop back up on my account somewhere down the road and I a little upset about my interaction with those snakes!

Valued Contributor
Posts: 2,658
Registered: ‎06-05-2008
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Re: Disputing collections due to bank fraud


meld9672 wrote: ...I received a collections notice in the mail for a bad check 5 days following the break in written at Red Robin.  In the event they do not accept the documentation I have available to me as sufficient evidence what steps do I take from here? Am I able to just contact the bureaus directly and go that route? I dont want this collections activity to pop back up on my account somewhere down the road and I a little upset about my interaction with those snakes!

Start by ceasing all verbal communication.  I would send a strongly worded DV / cease and decist letter with the police report attached, and let them know you have contacted an attorney to discuss further action shouild they not cease collection efforts.  Insist that they contact you in writing only, and that you dispute the validity of the debt.  If they put it on your CR, dispute by mail with a copy of the police report.  If it is not removed, you should have grounds for a lawsuit.  Easy money, and a chance to teach a snake a lesson.  Save copies of everything, and begin recording any additional phone calls you get.

 

Good luck!

3-26-15: FICO EXP: 814 - EQU:813 - TRAN: 809 - AVG: 812 +262 points from JUN 2008 - MY CREDIT JOURNAL

Moderator
Posts: 27,207
Registered: ‎09-13-2012
0

Re: Disputing collections due to bank fraud


meld9672 wrote:

Hello all, I'm hoping someone here may have some advice! I'm a little heated about it, I apologize it's long winded. Back in March I was the victim of bank fraud when my vehicle was broken into and cards/checks stolen. Three banks were impacted, police report filed, bank accounts closed and I believed everything to be settled until the other day when I received a collections notice in the mail for a bad check 5 days following the break in written at Red Robin.

 

I contacted Red Robin but had not heard any additional follow up from them regarding copies of the check so decided to contact the collections agency directly to find out what they would need to satisfy having this closed. Seemed simple enough as I did not write these checks and had copies of the police report. Prior to gathering any information other than my account number she began with her verifying my name and address (on the letter that was sent), phone number (which I gave without thinking) and then social. I hesitated with that and stated I would confirm last four. She then asked for my place of employment and husbands name and I stopped her. I asked what these questions had to do with anything and she stated "this is a collections agency and any information obtained will be used for that purpose. this call is being recorded..." the usual drill. I said I wasn't answering any further questions and just needed information on how to address the fraudulant charge. She stated they would need a copy of the police report and an affidavit of forgery from the bank.

 

I contacted the bank who stated they did not and do not request anything from me. They had a copy of my request regarding fraud to freeze the account which I subsequently closed and everything was handled on that end and she immediately placed it into the mail.

 

I contacted the collections agency again who stated that this would not suffice. I told her this is ridiculous, I have the police report clearly outlining the activity on the accounts and the fraud and I did not write this check. She stated "You can send it in but I can't promise it's going to be enough for them." When I asked her who "them" is she stated that their company would review the documents and notify me if it was enough to satisfy them, if it wasn't I would be notified by mail. I then asked what I can do to stop the collections activity while I await documentation from the bank and she stated "You're already in collections. The process has begun." at which point I got so angry I hung up.

 

In the event they do not accept the documentation I have available to me as sufficient evidence what steps do I take from here? Am I able to just contact the bureaus directly and go that route? I dont want this collections activity to pop back up on my account somewhere down the road and I a little upset about my interaction with those snakes!


Sorry you are going through this... I have been through a similar situation (home burglarized) and it can be a nightmare. Be diligent in your communication and get everything in writing.  

 

Review webhoppers sticky on the steps to take. http://ficoforums.myfico.com/t5/General-Credit-Topics/Victim-of-Identity-Theft-What-To-Do-to-Protect...

 

good luck. 

Epic Contributor
Posts: 20,904
Registered: ‎03-19-2007
0

Re: Disputing collections due to bank fraud

[ Edited ]

You can immediately get the collection blocked from your credit report by sending a copy of the police report, along with proof of your identity, to the CRA.

That involves no need to "prove" the matter by either party, and the debt collector has no say in blocking their collection from your credit report.  See FCRA 605B.

 

That, however, does not address the primary issue that they are asserting you owe a debt.

The FCRA also assists consumers in gathering info regarding an asserted identity theft by sending a copy of the police report to the debt collector, and requesting their supporting documentation.  See FCRA 615(g)(2).

 

What perplexes me is how a debt collector obtained authorty from the creditor to attempt collection on a debt that the bank apparetly concedes was due to identity theft.

Thus, I would send a DV, requring them to cease collection until they have stated that they have obained validation from the bank.

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