Fraudulent charges pulling the score down

[Anonymous]

I am Canadian and live in Canada now. I opened several US credit cards when I lived in the USA 6 years ago. I did not close them when I moved to Canada to preserve the credit history. My plan backfired - one of the card incurred some fraudulent charges - it got $25 or so charged to it in Europe while it was in my drawer in Canada... I fould out almost a year later, when a collection agency called. Somehow the bank was sending messages and calling me using the original contact info from the time I opened account, so they never reached me (that was their explanation). 

I paid off the amount owed as soon as I found out (it grew to almost $400 with all the fees and penalties!) But, as a result, I have a history of non-payments on my credit profile. The bank just blows me off. In fact, to even get through to a human, you need a credit card number, and I do not have a valid number. I asked them to review the fraudulant charges, but they response is that I'm not a client so there is nothing they can do. They are not removing anything from my report.

So I contacted credit agencies. Equifax removed the charge, and my score went back up to almost 800. Experian responded that I should work it out with the credit card company, an the score stayed at 670, and Transunion did not respond at all (score 680).

So what should I do? I am very busy and not good with paperwork, so this is a big pain in the lower back for me... I may need to go to the US again soon, and my Experian and Transunion scores are going to be an issue.

Thanks

[llecs]

Do you have a copy of a police report?

[Anonymous]

No - I did not even think about filing a police report. I have a feeling that if I try to file a police report on a sub-$25 credit card charge that happened over a year ago in a foreign country while my card was locked in my drawer, they would also blow me off.  Also, would a Canadian police report work for a US bank? Or should I file with US police (probably would be strange, given that neither me nor the crime were in the US)?

[llecs]

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@Anonymous wrote:

No - I did not even think about filing a police report. I have a feeling that if I try to file a police report on a sub-$25 credit card charge than happened over a year ago in a foreign country while my card was locked in my drawer, they would also blow me off.  Also, would a Canadian police report work for a US bank? Or should I file with US police (probably would be strange, given that neither me nor the crime were in the US)?

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I'd contact the police. It's a crime regardless of the amount. In the eyes of the CC, the charge is legit and owed. Any dispute would result in it being verified because the CC would say that it was legit. It would boil down to either accepting the $25 which means facing a CO'd CC or fighting it and fighting it would mean a police report. You can use that police report to dispute via mail with both the credit reporting agencies and the CC and that will get it off. Definitely keep reviewing your CCs on a monthly basis for unknown charges. I had two cards skimmed and cloned and then used in NYC and Asia. Had I not seen those attempts then I could have faced hundreds in false charges.

[RobertEG]

You can file a dispute under the Fair Credit Billing Act (FCBA).

As for a police report, I concur.  The issue pertaining to a police report is not the amount of the charge, it is the negative impact on your FICO scoring.

It's a US credit card, and the results are appearing on your US credit report.

The significance of a police report is that it is necessary in order to invoke your rights under the identity theft processes set forth in the FCRA.

Anyone can assert account or transactions not mine, but the FCRA is structured such that if the consumer is willing to put that assertion into a sworn statement before a law enforcement agency, it requires that the information immediately be blocked from their credit report (FCRA 605B) and permits the consumer to then demand all internal business records in the possession of the creditor pertaining to establshement and use of that account.

I fully understand that the police may be reluctant to take a police report under your circumstances, as they dont usually understand the statutory need for the report.

If they "blow you off," make a call to your state AG, who understands the legal need, and they will most likely make a quick call to the police desk and inform them of your need for the report.  All you need to file the report is a copy of your CR showing its appearance, and the statement that you never authorized the transactions showing as negative.  You dont need to prove the case with them.

Once armed with the polcie report, send a copy to the CRA and they must immediately block the information from your police report pursuant ot section 605B.  Additionally, send a copy to the creditor, and request all business records pertaining to the use of the account under the provisions of section 609(e).