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I received a collection letter from Convergent today saying I owe Ebay around $50. I've NEVER used ebay for anything but my brother has, I'm positive that he used my name to get the account since he was previously banned with his name.
On the collection letter it doesn't have my full name, its my name but missing the last few letters. I know if I ask my brother he is just going to deny it and probably start more problems than its worth.
Next steps? I am going to DV them but should I spell my name on the DV letter how they have it spelled or properly? Would these joksters even be able to report since it isn't spelled right and they don't have my SSN#?
If they can validate and I pay asap would they still report?
This is what happens when you have multiple tabs open! LOL Can someone move this please?
@2FixMyCredit wrote:I received a collection letter from Convergent today saying I owe Ebay around $50. I've NEVER used ebay for anything but my brother has, I'm positive that he used my name to get the account since he was previously banned with his name.
On the collection letter it doesn't have my full name, its my name but missing the last few letters. I know if I ask my brother he is just going to deny it and probably start more problems than its worth.
Next steps? I am going to DV them but should I spell my name on the DV letter how they have it spelled or properly? Would these joksters even be able to report since it isn't spelled right and they don't have my SSN#?
If they can validate and I pay asap would they still report?
This will probably be a very difficult thing for you to dispute. If your brother used your account, and resides at the same address, they'll likely see that the transactions came from the same IP addy. Did you have your ebay password saved?
LOL I said I don't use Ebay, I've never used them. My brother would have been the one to open the account not me.
Well your going to be in a tough situation with this.
More than likely youll have rWello file a police report for identity theft to get it removed if they report.
I'm not going to file charges against my brother over $50.
I'm going to DV them of course and go from there. But based on experience do you all think IF they even respond to the DV if I pay will they report?
Also, some input on rather or not I should "fix" my name on their end would be great. I mean I just don't see how they could report without a proper name and a SSN?
@2FixMyCredit wrote:I'm not going to file charges against my brother over $50.
I'm going to DV them of course and go from there. But based on experience do you all think IF they even respond to the DV if I pay will they report?
Also, some input on rather or not I should "fix" my name on their end would be great. I mean I just don't see how they could report without a proper name and a SSN?
If your not going to get the police report I would ignore their attempts to collect.
If they do report it dispute with the bureaus as not your debt.
If the creditor has, in their possession, documents that support your authoriization of the debt, then they can legitimately verify the accuracy of their reporting in response to any dispute or use it to verify the debt with their debt collector in response to request for verification of the debt. The use of your name may have been fraud/identity theft, but they have no way of proving or disproving just as the credtior cannot prove or disprove.
That is THE reason that the identity theft provisions of the FCRA were added... to set forth a process wherein neither side need provide proofs of the accuracy of the consumer's authori\ation. If the consumer is willing to put their statement that they did not authorize the accouunt/transaction into a police report, the FCRA identity theft process accepts that sworn statment before a law enforcement agency as sufficient basis for blocking the information from their credit report.
Whether or not law enforcement choses to investigate and refer for prosecution is their call, and the risk one takes. The consumer is not "bringing charges" by filing an identity theft/police report.
If one chooses not to avail themselves of the FCRA identity theft process, then neither a dispute or a request for debt validation is ikely to result in deletion. They are not legal fact-findifng processes that will shift the burden to the creditor or debt collector to prove the legitimacy of the transaction. They can reasonably rely on the documentation of the transaction.