Portfolio Recovery Associates Identity Thief Affidavit?

[A1Credit]

Has anyone ever had to fill-out an identity thief affidavit for PRA?  If so, how did it go?  I suspect a family member opened an account in my name but I do not wish to get them in trouble because well... they are family.  I am willing to just pay it off and forget it but I would like it if they would remove it from my report.

[gdale6]

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@A1Credit wrote:

Has anyone ever had to fill-out an identity thief affidavit for PRA?  If so, how did it go?  I suspect a family member opened an account in my name but I do not wish to get them in trouble because well... they are family.  I am willing to just pay it off and forget it but I would like it if they would remove it from my report.

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If you dont want anyone in trouble as police will most likely ask do you have any idea who did it, offer them the PFD. Its going to be hard to get one from PRA.

[RobertEG]

Filling out and sending only an identity theft affidavit back to the debt collector would constiute the filing of a direct dispute under FCRA 623(a)(8).

They can verify any direct dispute, even if it resulted from identity theft, wihout legally proving that he did, in fact, submit the application for the account.

If, however, you send both a police report and the identity theft affidavit to the CRA (bypassing the debt collector entirely), you can get the collection blocked from your credit report without any involvement of the debt collector.  See FCRA 605B.

You could send the affidavit back to the debt collector and hope they delete, but that is not likely.

You could follow thru with an assertion of actual identity theft by filing a police report and sending to the CRA, requesting block of the information pursuant to FCRA 605B.

Alternately, you could make a pay for deletion offer to them, offering to pay the debt in exchange for their agreement to delete the reported collection.

PRA is not noted for acceptance of PFD offfers, so that is also not a likely outcome, but it wont hurt to try.......

[A1Credit]

@RobertEG do you think they will be willing to accept a PFD if I wrote to them explaining the situation and that although I am not responsible for the debt, I am willing to pay it if they agree to delete?  I have thought over and over about filing a police report but I just can't bring myself to do it.  At this point I just want it gone and to move on.  

[RobertEG]

Many a PFD offer has been made solely to get the reporting removed, even if the consumer contests the debt.

If you are willing to pay for a deletion, then yes, give it a go.....

[A1Credit]

@RobertEG thanks!

[Anonymous]

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@A1Credit wrote:

@RobertEG do you think they will be willing to accept a PFD if I wrote to them explaining the situation and that although I am not responsible for the debt, I am willing to pay it if they agree to delete?  I have thought over and over about filing a police report but I just can't bring myself to do it.  At this point I just want it gone and to move on.  

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I agree, you should at least try. PRA will most likely think you are making up a story to get them to PFD. 

I don't think you will succeed with PRA. But I certainly support your efforts.

[A1Credit]

Thanks @donny10.  I'm going to type up a letter along with my support documentation and send it certified.  I'll update when I receive a response.