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Disputing charge off that is not mine

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Anonymous
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Disputing charge off that is not mine

I recently disputed two credit cards that are not mine. They were charged off in 2006 and sold to LVNV Funding. LVNV opened this collection a few months ago. I have no knowledge of these credit cards. I never gave my consent to anyone to open these accounts in my name. The results of my Experian dispute says 'Processed'. I looked at the updated credit report and LVNV updated my account. What should I do now? The OC is First Premier Bank. I never signed my name to anything saying I was responsible. I am very discouraged. I disputed several other accounts and they were removed. Should I write a DV letter or should I wait until they contact me? These accounts are due to come off in 2013. I'm planning to buy a home and I'm trying to clean up my credit. One more question....I paid nine collection accounts in full. All but two were removed. I'm trying to get the other two removed. All of them but one were medical. One was an AT&T cell phone bill. After paying these accounts my score was brought down 70 points. Will my score go up any now that these are removed? I know it may take several months. Any help is greatly appreciated.

Message 1 of 10
9 REPLIES 9
IOBA
Senior Contributor

Re: Disputing charge off that is not mine

This is a tough one.

 

1.   With the collections gone, you should see a score increase.   Not much, maybe a lot, but it may take time.

2.   The other two collections - if you can get them off great, but if not, don't worry too much.  Make sure they are reporting as paid.  Any score hit you experienced when they updated to paid should dissipate in a month or two.

3.   LVNV - probably something that should be dealt with head on.   They have a reputation for being determined to get their money.    If this was me, I would seriously consider the time line and the dollar amounts.

 

* if the dollar amount is low, they probably won't sue (no guarantees though)

* I would let it fall off on it's own in 2013.

 

If you are in a rush to get a house before 2013, then tackle it right away.

* send a DV letter and ask for the original application, as well as ALL of the statements the CC sent out

* it's my understanding that the CA only has to provide the name of the original creditor and the amount owed BUT if you ask, they must provide a detailed break down of the total they are asking for.

* after you get debt verification, you can dispute it if it's not yours.

* think or do some research - is there any chance that an old cc didn't get paid?   that a cc changed names?  I don't remember all the names, but I do remember First Premier went through some change back in 2004?  I can't remember if they bought a bunch of accounts or sold them.

Message 2 of 10
Anonymous
Not applicable

Re: Disputing charge off that is not mine

Thanks for the reply. I read somewhere I should dispute with the OC because they were the one that charged the debt off and that is the one that is hurting my credit. As I said they were charged off in 2006. First Premier last reported in 2009 and LVNV started reporting a couple of months ago. The balances combined are about $1,200. A lender at my bank told me not to worry. But I'm worried. I want to buy a home within the next 6-9 months. I live in WV and I believe the SOL for credit card debt is 5 years. Thanks for your help.

Message 3 of 10
IOBA
Senior Contributor

Re: Disputing charge off that is not mine

Please keep us updated on what you do and what happens.

 

Disputing with the OC is a good place to start.   

 

Did you know about the cc reporting prior to now?

Message 4 of 10
Anonymous
Not applicable

Re: Disputing charge off that is not mine

I had no idea it was on my credit report until a month ago. So it would be a good idea to dispute with the OC? The last time the OC reported was in 2009. Would it hurt my credit if they updated? I'm sorry for all the questions but this is the only forum I can get good advice from. Thanks!!

Message 5 of 10
RobertEG
Legendary Contributor

Re: Disputing charge off that is not mine

If you have any account, whatever its status, appearing in your CR, and the account is not yours, I suggest that you begin by using one of the most powerful discovery tools provided under the FCRA. I would not pursue this by way of debt validation under the FDCPA, as the debt collector does not possess the evidence you need, and you cant DV the OC.

FCRA 609(e) provides consumers with a limited "discovery" right to information related to identity theft.  You can compel the creditor to provide you a copy of the business transaction records of the account and a copy of your supposed application for credit.  To obtain this right, you need to first file a police report, and send that to the creditor as documentation of your assertion of identity theft.  Read FCRA 609(e)(2) for the required elements that they can first request before sending.

 

This discovery right provision has a compulsory 30 day period for response.  Once armed with their own documentation, you are then no longer in the position of having to prove a negative.

Message 6 of 10
Anonymous
Not applicable

Re: Disputing charge off that is not mine

Thank you so much! So I should write to the OC first and then wait for them to respond to what I need to send them?

Message 7 of 10
Anonymous
Not applicable

Re: Disputing charge off that is not mine

How do I start this process? Do I get a police report first? I'm trying to find something on how to start but I can't find anything. Thanks for your help!

Message 8 of 10
IOBA
Senior Contributor

Re: Disputing charge off that is not mine

If it were me, I would go to the police station and ask to file an ID theft report.   Take the collection letters with you (but don't doffer them).   Tell the police you found out that two credit cards had been opened in your name and the cc's want their money, but you have no knowledge of the cc's.   

 

After you get a copy of their report, send that to the cc's and ask for more information, like a copy of the application.

Message 9 of 10
RobertEG
Legendary Contributor

Re: Disputing charge off that is not mine

Yes, the police report is the first step.  The significance of the police report is that the FCRA wants more than just any 'ole assertion that an account was opened without your knowlege or authority, and thus was most likely the result of identity theft.  A police report is a sworn statement before a law enforcement agency that carries criminal charges for knowingly false statements made therein.   It puts your assertion in writing with some assurance that statements therein are truthful. 

 

In addition to a copy of the police report, the party can also require, under section 609(e)(2)(B), that you execute an affidavit of identity theft before they provide the discoverable documents. 

 

It is all an attempt to prevent spurious identity theft assertions that require a credtior to release account documents.

 

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