EOS CCA Sending me a Fraud Packet to dispute account that REALLY isn't mine.

[Anonymous]

Hey Everyone. This is my first post here, but I have been lurking for a while. I did have some credit issues, and I must admit I did neglect it in the far past, but this just recently showed up. Here is my situation

In 2007, ATT posted against my credit for an account I Legitimitately did not have. I called them soon after i realized this back in 2007 and they removed it. I recently has my credit run and EOS CCA is trying to collect a $700 debt; ATT is nowhere to be found on my credit. I called ATT and asked them about it; they said there is nothing they can do as they sold the account years ago. I say **bleep**. They give me the number to EOS. I call EOS and they said they will be sending me a fraud packet in which they want me to get a police report, and to fill out all forms. Said process would take about 6 months.

Is there an easier way to do this. I have no problem doing what they want, but i do want this off earlier than their stated 6 months as my lease is up on my car and was hoping to replace it today. I actually found this out at the car dealer who told me I had an open collection on my credit and my previous tier 2 rate (which I was hoping this time around would be tier 1) would be now a Tier 4, which is a difference of roughly $170 per month @36 months.

Any advice is greatly appreciated.

[RobertEG]

There time line is way off, and you dont need to wait for their "packet" to immediately take care of it.

Go your local police station and file the police report, which states that you never opened or authorized the opening of the account, and thus it must have been done by another without your authoriization.  The FCRA calls this an "identity theft report."

Then immediately send a request to the CRA to block the reporting from your credit report, accompanied by:

1.  A copy of a government issued ID as proof of your identity;

2. The statement that "I never authorized the opening of the account"

3. a copy of the police report.

The CRA must then immediately block any reporting related to the alleged identity theft information under the provisions of FCRA 605B.

You are NOT iniitiating a dispute.  You are using the FCRA identity theft process to get it blocked from your credit report without having to dispute and prove a negative.

No big hassle or long wait.

You can then also send a copy of the police report to the credtior, demanding any and all business records in their possession related to the account opening and its use.  FCRA 609(e). 

You then have the documentation being relied upon by the creditor to assert you authorized the account.  That provides documentation for any further action you may choose to take regarding the account.

[Anonymous]

Hi Robert,

Thanks for all the helpful info. I am going to my local Police department to file a report tomorrow. My only concern with the whole investigation is that I did have chargeoff's and collection accounts around the same time that Att first posted on my credit report. I just hope that they accept my word that this really was not my account, and don't see me as a person who is just trying to get rid of some bad reportings on my credit report

[RobertEG]

When you say "they," I am uncertain who you mean.

It is you who are putting yourself on the line by putting your assertion into a sworn a police report.  If you make the assertion, then it stands, and the CRA won't question it.

The purpose for requiring a police report under the FCRA is that anyone can throw out a simple :"account not mine" assertion.

However, by filing a police report, you put yourself in peril of criminal prosecution if any statements are knowingly false. Thus, the statute accepts that as more than a simple assertion, and sufficient to block the information from your credit report.  It does not "prove" anything, it is just a step that, if taken, will at least deal with your credit report.

[Shogun]

I agree with Robert.  By filing a police report you have a sworn statement with legal bindings stating that this was not an account that was inititiated or maintatined by you.  With that being supplied, it should block the reporting of that particular TL.