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Not My Account

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dbailey1010
New Member

Not My Account

Here is information found on my credit report.  It  is not my account and I have had ATT since Aug 2005.  They are telling me this account openedI think November 2005.

 

It is due to fall off December 2012 (not sure where I got this since I copied it, assuming my credit report).  Would it hurt me to have them validate the debt? Does it reopen a can of worms? Mortgage guy thinks I should just pay it but I already got bad advice from him already.

 

AFNI

Original Creditor: T-MOBILE

Status: Collection account. $556 past due as of May 2011.     

 Date Opened: 03/2011

Date of Status: 05/2011

Reported Since: 05/2011

Last Reported Date: 05/2011

Message 1 of 3
2 REPLIES 2
RobertEG
Legendary Contributor

Re: Not My Account

"Not my account" issues are usually best handled as an identity theft matter, which opens up  avenues of approach under the FCRA.

You dont have to prove idenitty theft to assert it as the likely cause of information posting to your CR that you never authorized. 

 

If you have an identity theft issue, the first thing to do is to put your assertions of potential idenity theft into an official document called and idenitty theft report, which the FCRA recognizes as the basis for your rights under various sections of the statute.  What the FCRA calls an "identity theft report" is, in most cases, simply a police report.  It is a statement to a authorized law enforcement agency that puts your assertion on record, and opens the door for action.

 

Handling an "account not mine" issue obviously puts the consumer in the position of proving a negative.  Congress, in recognition of this fact, enacted FCRA 609(e), giving the consumer the right to exercise legal "discovery" of information in the possession of the creditor that supposedly serves as your basis for authorizing the account and transactions thereon.  If you send the credtior a copy of the police report, along with a sworn affidavit of your assertions and a copy of a government ID as proof of identity, you can compel the creditor, under section 609(e)(1), to provide to you, within 30-days, a copy of the application and business records in the control of the creditor that relate to the disputed account.  A very powerful tool.  You dont want to simply send them a request that THEY validate the debt.  Get the supporting documents they are relying upon, and do your own validation.  Additiohnally, debt validation requests are only authorized with regard to debt collectors, not original creditors.

 

Additionally, armed with a police report, you can send a copy to the CRA and require that they block any further inclusion of the alleged identity theft information in any credit report they issue.  FCRA 605B.  That should take care of CR issues while the matter is being resolved with the OC.

Message 2 of 3
llecs
Moderator Emeritus

Re: Not My Account


@RobertEG wrote:

Additionally, armed with a police report, you can send a copy to the CRA and require that they block any further inclusion of the alleged identity theft information in any credit report they issue.  FCRA 605B.  That should take care of CR issues while the matter is being resolved with the OC.



Ditto. Get a police report. It'll go a long way in getting this off. Plus you never know what else is lurking out there that hasn't reported yet.

Message 3 of 3
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