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I have yet another question...
I found a credit one bank charge off on my credit report, it is from 2007. I do not remember opening this card so I sent a DV and what I got back was very confusing. They sent me a letter stating in 2007 I applied for a card through a promotional mailer sent to my address, then they provided my old address. They continue to list my information in the letter. First and last name, last 4 of ss# and a date of birth. The dob they have is wrong.
Along with this letter they sent a copy of the promotional mailer they claimed I signed up for through their web site. The mailer they sent says sample promotion on top and is not filled out or signed by me, its just a copy of one of those "your pre -approved" letters...
After all of this they say we believe this card was opened by you and this serves as validation. The letter continues to say in 2008 it was charged off and sent to a CA, They say they are not violating the FCRA due to the fact that they have not tried to collect since 2008. Yet they list on my report as charged off.
I called the Ca they said owns it and they say they have no record of me, that i needed to call another CA called LVNV funding I call them and they spout the same info as Credit one bank , wrong dob and all. I ask for DV and they send me 1 page from a statement. Its like page 2 with a transaction list and my name on top. now they are reporting too as 120 days late!! Can this be legal? I do not remember opening this card, they have my wrong DOB and they keep coming back verified through CRA's! What next?
You aren't supposed to send a DV to an OC, those are for CAs.
They have sent you what they have verifiying a debt was opened in your name. It is not the same thing as verifying the debt is yours.
You will need to file a police report or an FTC Fraud Affidavit and send a copy of it to the CRAs asking they block that account due to fraud. Also send a letter, along with the police report and/or FTC Fraud Affidavit to the OC. They have already sent you everything you would have asked for when you send in the police report. Fraud doesn't need to be proven.
Send it to the CA also.
Whether they have not tried to collect doesn't really mean anything and they are not violating the FCRA.
OK I will start this battle after the holiday. Thanks for your help!