Disputed with OC...Confused About How to Proceed

[Anonymous]

I have a BofA chargeoff listed on my credit report.  I disputed it with Equifax, Experian, and TransUnion and all 3 came back as verified.  I sent a letter to BofA stating that I don't remember having an account with them and since they are the OC I am entitled to an investigation into the account and requested any documents they have (bills/contracts/etc).  I received a reply to that letter from FIA Card Services stating that they would provide me that information but they needed my SSN to lookup my account.  I sent them a reply letter with this information.

Today I receive a response from FIA Card Services that says they were alerted to the possibility that the above referenced account was fraduently opened using my personal security information.  They state the account has been blocked from further activity and they intend to investigate this matter thoroughly.  If the investigation shows that the application was fraudelent, I will not be responsible for the balance on the account and it will be removed from my credit profile.

They want me to complete, sign and return all pages of an enclosed fraud statement.  This form asks for my full name/DOB/SSN/Current Address/Previous Addresses, What date time frames did I live at these addresses, Did I authorize anyone to use my information, Information about if I filed a police report, will i testify against the person who fraudently opened my account, and on and on and on.  They then want my signature about it is my belief that all information is accurate and the information could be made available to third partieis, federal, state, and/or local law enforcement, etc.

I'm kind of confused how to proceed from here.  I do know I had an account with BofA, I just stated that I didn't in order to get what documents they had on the account and possibly get it deleted if they did not have documentation on it.  Any ideas on how I can proceed with this?

[Anonymous]

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@Anonymous wrote:

I have a BofA chargeoff listed on my credit report.  I disputed it with Equifax, Experian, and TransUnion and all 3 came back as verified.  I sent a letter to BofA stating that I don't remember having an account with them and since they are the OC I am entitled to an investigation into the account and requested any documents they have (bills/contracts/etc).  I received a reply to that letter from FIA Card Services stating that they would provide me that information but they needed my SSN to lookup my account.  I sent them a reply letter with this information.

Today I receive a response from FIA Card Services that says they were alerted to the possibility that the above referenced account was fraduently opened using my personal security information.  They state the account has been blocked from further activity and they intend to investigate this matter thoroughly.  If the investigation shows that the application was fraudelent, I will not be responsible for the balance on the account and it will be removed from my credit profile.

They want me to complete, sign and return all pages of an enclosed fraud statement.  This form asks for my full name/DOB/SSN/Current Address/Previous Addresses, What date time frames did I live at these addresses, Did I authorize anyone to use my information, Information about if I filed a police report, will i testify against the person who fraudently opened my account, and on and on and on.  They then want my signature about it is my belief that all information is accurate and the information could be made available to third partieis, federal, state, and/or local law enforcement, etc.

I'm kind of confused how to proceed from here.  I do know I had an account with BofA, I just stated that I didn't in order to get what documents they had on the account and possibly get it deleted if they did not have documentation on it.  Any ideas on how I can proceed with this?

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How did you think they were going to react to this??

Do you remember anything about how you opened the account what information you may have given them at the time ... like addresses maybe a signature was it opened over the phone was this a cc?

I don't know if i would go thru with this if i were you... cuz they may attain all the information they need to see whether you knowingly told them that this account was not yours and you actually opened it.  This is dangerous territory my friend and you can very well find yourself waste deep in a pile of poop.

Just a reminder once you complete this in writing you have given them writing proof of what is basically fraud if they do have proof that it was you who opened the original account.  I would just pretend like i never even started this.

Or they may come back with the account verified and simply state keep better records of your financial dealings in the future.  Either way risky endevour indeed.

[Anonymous]

I thought they were going to react by sending me a copy of the contract, previous bills, etc to show that I did in fact have an account with them.  The account is 5 years old, I do remember how I opened it.  It was for a credit card and was opened at a branch, so there would be a physical contract and such.

I question going through with it as well, I don't really feel comfortable putting my signature on this thing even after filling it out lightly with no accusations that someone stole my identity.  I had a small collections account on my report from BOA and a CA for a collection on an old investment account.  I disputed it with the credit bureaus (both the CA and BOA accounts) and they came back verified on all 3 bureaus.  I sent BOA a letter requesting the documents on the account, and they notified me they had no record of the account and that they were deleting it and notifying the CA to delete it.  Those entries were deleted.

They verified the accounts but when I asked for the documents, they couldn't provide them.  This is the same thing I was looking for when I sent them this investigation letter, to send me the documents they had on the account or to see that the account did not exist. 

Should I send a new letter, ignoring this?  How could I word why I am requesting an investigation into the account, if I can't say that I don't believe it is mine?

The account on my CR is listed with BOA as chargeoff/sold and Midland is reporting the collection.  Midland won't provide me any type of DV.  I could pay Midland and possibly get it removed, but I know the GW success of BOA is slim to none. 

[Anonymous]

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@Anonymous wrote:

I thought they were going to react by sending me a copy of the contract, previous bills, etc to show that I did in fact have an account with them.  The account is 5 years old, I do remember how I opened it.  It was for a credit card and was opened at a branch, so there would be a physical contract and such.

I question going through with it as well, I don't really feel comfortable putting my signature on this thing even after filling it out lightly with no accusations that someone stole my identity.  I had a small collections account on my report from BOA and a CA for a collection on an old investment account.  I disputed it with the credit bureaus (both the CA and BOA accounts) and they came back verified on all 3 bureaus.  I sent BOA a letter requesting the documents on the account, and they notified me they had no record of the account and that they were deleting it and notifying the CA to delete it.  Those entries were deleted.

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This is what i was looking for....

I agree completely that's where i was going with it...

Yes boa is a mean customer ... i can say this though i have no such luck IME with them with deleting a chargoff.  You can try a PFD. I'm not gonna lie to you about your success rate though.  How old is the dofd? Do you have other chargoffs and or collections besides the MCM currently.  BOA seems to work with them ... that was my CA with them as well.  The good news is... if you decide to throw in the towel with BOA you will have alot of luck getting MCM to delete on their end with a payoff offcourse.

Future reference, The Hard Knock list: 

BOA, Asset Acceptance, Wells Fargo, Cap 1.  People can add on to this but this is what i know from personal experience and from what I read alot on this here board.

In future reference, aside from AA cuz your account already went into collections by then, if economic times get tough and you have to pick between going delinquent on of these characters and another account I would pick the other personally.

However I cannot guarantee that the other account won't be dealing with AA.  If you have to make a new post asking whether so and so passes their bad debt along to AA.  If they do then you might as well put them in that list with these other fools.  Because even if they do delete their end it won't guarantee that AA will.

[RobertEG]

If you have an issue of fraud, I suggest you handle it on your terms, not theirs.

The legal process is set forth in the FCRA.

The first thing you do is to initiate the process yourself by filing a police report.  This is referred to under FCRA 603(q) as an “identity theft report.”   All it must do is allege a specific identity theft, such as a credit account not opened by you.  Signing such a police report is legal evidence of the assertion of theft, as it carrires with it criminal penalties for false filing.

The next step is to file a request with the CRA under FCRA 605B that the information resulting from identity theft be blocked from your credit file.

You have to provide four things in that request:

1.proof of your identity;

2. a copy of the identity theft report;

3. identification of the information; and

4. a statement that the information is not information relating to any transaction of yours.

It is then the responsbilbity of the CRA, under FCRA 605B(b) to forward to the creditor notice that the information is blocked. 

The whole purpose of the process under FCRA 605B is to avoid the types of hassles you are getting from the creditor.

[Anonymous]

DOFD is in 2006, so it won't drop off till 2013.

I started with 8 negatives on my report, collections/chargeoffs.  Got it down to 5 in the last few months.  Last week I got a PFD on 2 collections, 1 charge off, so I am waiting on those to be deleted.  All I have left is the Midland/BOA account.  I may have to bite the bullet and start trying to get a deal with Midland.  The account is for $1250, paying it in full isn't a problem. 

I don't think it would do any good to even try a PFD with BOA since they sold it to Midland.  And I know its virtually impossible to get any type of GW if I paid Midland in full as well.  I definitely do NOT want to file a police report....as my identity has not been stolen.  I was just wanting to request documentation on the account, in hopes that between all of the banking issues in the last few years, something happened with my account and they would be unable to find anything and delete the entry.

I tried DV'ing Midland (outside of that 30 day period after first notification though) but never get a response to multiple letters.  The account is mine, though I would like some type of documentaton showing how they calculated the amount I owe.  It seems high to me, but then again it may just be accumulated late fees, interest, etc.

[Anonymous]

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@Anonymous wrote:

DOFD is in 2006, so it won't drop off till 2013.

I started with 8 negatives on my report, collections/chargeoffs.  Got it down to 5 in the last few months.  Last week I got a PFD on 2 collections, 1 charge off, so I am waiting on those to be deleted.  All I have left is the Midland/BOA account.  I may have to bite the bullet and start trying to get a deal with Midland.  The account is for $1250, paying it in full isn't a problem. 

I don't think it would do any good to even try a PFD with BOA since they sold it to Midland.  And I know its virtually impossible to get any type of GW if I paid Midland in full as well.  I definitely do NOT want to file a police report....as my identity has not been stolen.  I was just wanting to request documentation on the account, in hopes that between all of the banking issues in the last few years, something happened with my account and they would be unable to find anything and delete the entry.

I tried DV'ing Midland (outside of that 30 day period after first notification though) but never get a response to multiple letters.  The account is mine, though I would like some type of documentaton showing how they calculated the amount I owe.  It seems high to me, but then again it may just be accumulated late fees, interest, etc.

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On the contrary ppl on this board have had alot of success with midland ... i do agree with some of the other things you stated though balances owed have had a tendency to creep up a little when they change hands there is no doubt about that...

[Anonymous]

Update:

After deciding to ignore the fraud forms they sent and not return those to them, I receive today a letter from FIA stating that they investigated the account thoroughly and determined that the account is mine because a payment was made for the credit card from my Bank of America checking account I used to have.  Therefore I will be responsible for the balance on the account.

Since they've have that documentation, I would assume they have everything else and there is no further point in trying to get those from them, and I should try to work out a deal directly with Midland.