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New Contributor
annakathleen75
Posts: 58
Registered: ‎01-29-2013
0

Identity theft tradeline was updated...not removed???

Have a TL that I have no knowledge about. Following advice here I filed police report and faxed that plus a letter to the CB's. They have four days to block. Woke up this morning and Experian blocked, not sure about TU yet, but checked myFico and it updated to customer disputes! What the heck? I can't make this go away no matter what I do!!!! The letter explained that it was identity theft and I demanded they remove within 4 days.....advice? This is NOT my debt!!!! Frustrating. :smileysad:

 


FIRST TENNESSEE BANK (XXXXXXXXXXXXXXXX)
Show/Hide Details
Account opened: 8/2005
Description: Consumer disputes - reinvestigation in process
Amount in H/C column is credit limit
Previously reported Newly reported
Balance: $0
Past due: $0 $0
Status: Bad Debt; Placed for collection; Bad Debt; Placed for collection;
Last activity: 11/1/2006 11/1/2006
Description: Account transferred or sold
Charge off account
Credit card
Consumer disputes - reinvestigation in process
Amount in H/C column is credit limit
Contact: FIRST TENNESSEE BANK, Credit Inquiry Dept, Knoxville, TN, 379951501

New Contributor
annakathleen75
Posts: 58
Registered: ‎01-29-2013
0

Re: Identity theft tradeline was updated...not removed???

P.S. I faxed those letters to CB's on Sunday AND Monday, if it matters.

Senior Contributor
DaBears
Posts: 3,930
Registered: ‎10-26-2012
0

Re: Identity theft tradeline was updated...not removed???


annakathleen75 wrote:

Have a TL that I have no knowledge about. Following advice here I filed police report and faxed that plus a letter to the CB's. They have four days to block. Woke up this morning and Experian blocked, not sure about TU yet, but checked myFico and it updated to customer disputes! What the heck? I can't make this go away no matter what I do!!!! The letter explained that it was identity theft and I demanded they remove within 4 days.....advice? This is NOT my debt!!!! Frustrating. :smileysad:

 


FIRST TENNESSEE BANK (XXXXXXXXXXXXXXXX)
Show/Hide Details
Account opened: 8/2005
Description: Consumer disputes - reinvestigation in process
Amount in H/C column is credit limit
Previously reported Newly reported
Balance: $0
Past due: $0 $0
Status: Bad Debt; Placed for collection; Bad Debt; Placed for collection;
Last activity: 11/1/2006 11/1/2006
Description: Account transferred or sold
Charge off account
Credit card
Consumer disputes - reinvestigation in process
Amount in H/C column is credit limit
Contact: FIRST TENNESSEE BANK, Credit Inquiry Dept, Knoxville, TN, 379951501


Call them today and ask why they put in a dispute when it clearly states Identity Theft. Tell them you want the dispute removed and just to block it.

 

Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Identity theft tradeline was updated...not removed???

I would also suggest sending a direct dispute to the furnisher of the information per FCRA 623(a)(8).  They have to investigate and correct/make changes and let you know the results within 30 days.  Be specific and provide as much detail as possible.  Including identification, address, etc.

 

I posted a template for you to use.  Leave all subparagraphs.  The items in red you can delete as they pertain to a CA.  The items in blue you need to include.

 

This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

       ►       (If sent to a debt collector, (CA), it might  be beneficial to also include the blurb:

       ►  “This is a direct dispute of credit reporting. This is not a request for debt
              validation/verification  under FDCPA §809(b).”.
                  (don’t let them just simply sluff it off as a meaningless  DV letter)

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:
           (specify the account number, and the specific information that is disputed under that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; it is recommened to also include, as part of your documentation, at least a copy of the portion only of your  recent credit report showing their reporting of the disputed information was  actually reported to your credit flle.  The implementing rule suggests a  showing  that it appeared in your credit report)

New Contributor
annakathleen75
Posts: 58
Registered: ‎01-29-2013
0

Re: Identity theft tradeline was updated...not removed???

I sent the 623 already 6 weeks ago. Nothing. No response, no letter, no removal. That's why I did the police report. When we called The creditor and asked for proof, a contract, a signature, something.... They responded with exactly: " in this day and age of technology, paper trails don't always exist anymore..." That's when the 623 was sent. Then y'all recommended the police report. This is crazy stupid and now starting to p*** me off beyond belief. How can they just ignore us!
I faxed these letters sun and mon so is it four days from the day I fax them or the day the CB claims they receive and process the letter? Should I wait longer. No change at credit karma so I am assuming its still there too?


Question? First Tenn Bank is the OC , but .... For future reference, can 623 be sent to CA too? I thought only OC.
Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Identity theft tradeline was updated...not removed???

The 623 is sent to the furnisher of the information on your CR.  If the OC is reporting you send it to them, if it is the CA, send it to them.

 

By federal law they have to respond to your dispute or they are in violation of the FCRA.  Because they have no proof it is your debt, they need to remove the account from your CR.

 

At this point I would talk to an attorney and see about bringing a suit against the OC.

Mega Contributor
RobertEG
Posts: 18,434
Registered: ‎03-19-2007
0

Re: Identity theft tradeline was updated...not removed???

+1

The required statutory period for response by the furnisher to a direct dispute is set in the statute as being the same period provided to CRAs for concluding disputes filed through them.  FCRA 623(a)(8)(E)(iii).

That requires the furnisher to complete their investigation within 30 days of the date of receipt of the dispute, and send their notice of results to the consumer within 5 days thereafter. 

 

I would send a formal complaint to the FTC for violation of section 623(a)(8)(E)(iii).  I would get a formal FTC complaint on record prior to bringing any civil action, as it shows the court that the consumer has first exhausted their administrative remedies.

 

I would also, and probably more importantly, include a complaint for failure to block information that has been asserted to have resulted from potential identity theft, and for which you have filed a police report and thus complied with the provisions of section 605B.  That complaint is against the CRA, not the furnisher.

Senior Contributor
DaBears
Posts: 3,930
Registered: ‎10-26-2012
0

Re: Identity theft tradeline was updated...not removed???

+2 Robert and Guniness. I sent a 623 over a month ago to the OC. They deleted the TL in 2 day of recieving my 623. 

Mega Contributor
RobertEG
Posts: 18,434
Registered: ‎03-19-2007
0

Re: Identity theft tradeline was updated...not removed???

I would add that their inabililty to prove that the debt was actually authorized by you wont prevent them from verification of the accuracy in response to a dispute.

The dispute process is not a legal fact-finding process, and has no party authorized to review conflicting views of facts and make a binding determination.

 

A furnisher does not have to provide proof in order to verify.  They must conduct a reasonable investigation, and based on the results of that investigation, state that they have adequate basis for determining that their reporting is accurate.  If documents in their possession assert to have been authorization from the consumer, they have no way to determine otherwise, and thus can verify on that basis.  That is the reason congress enacted the identity theft provisions of the FCRA, which permits blocking of such information from a consumer's credit report without the need to prove a negative.

New Member
lilah321
Posts: 3
Registered: ‎06-04-2009
0

Re: Identity theft tradeline was updated...not removed???

Hello,can you please help me.I am a victim of identity theft and i am having trouble blocking this info.I have filed a police report and id theft report and sent to the credit bureau and i do not see any changes.Is there a fax number or direct line that will resove this problem.

 

Thanks


RobertEG wrote:

I would add that their inabililty to prove that the debt was actually authorized by you wont prevent them from verification of the accuracy in response to a dispute.

The dispute process is not a legal fact-finding process, and has no party authorized to review conflicting views of facts and make a binding determination.

 

A furnisher does not have to provide proof in order to verify.  They must conduct a reasonable investigation, and based on the results of that investigation, state that they have adequate basis for determining that their reporting is accurate.  If documents in their possession assert to have been authorization from the consumer, they have no way to determine otherwise, and thus can verify on that basis.  That is the reason congress enacted the identity theft provisions of the FCRA, which permits blocking of such information from a consumer's credit report without the need to prove a negative.


 


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