Tough decisions

[Anonymous]

Hi all! This is my first post, but I have a question that I'm hoping some of the experts on this site can help me with.

Long story short (tale as old as time), a family member opened a utility account in my name when I was under 18. As I'm sure you can assume, the bills went unpaid and it landed on my credit report. A few years later and I now have the mark on my report and I want it off. 

If I dispute with this with the bureaus (with my reasoning), will I have to name my family member? I don't want anyone in legal trouble. Will they just check the date of first delinquency, check my birth date and remove? Or will this turn in to an invstigation wherein I get cornered into identifying someone? Anyone have any experience with this? Will a DV work? Ive heard mixed feedback.

Thanks for any help!

[Anonymous]

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@Anonymous wrote:

Hi all! This is my first post, but I have a question that I'm hoping some of the experts on this site can help me with.

Long story short (tale as old as time), a family member opened a utility account in my name when I was under 18. As I'm sure you can assume, the bills went unpaid and it landed on my credit report. A few years later and I now have the mark on my report and I want it off. 

If I dispute with this with the bureaus (with my reasoning), will I have to name my family member? I don't want anyone in legal trouble. Will they just check the date of first delinquency, check my birth date and remove? Or will this turn in to an invstigation wherein I get cornered into identifying someone? Anyone have any experience with this? Will a DV work? Ive heard mixed feedback.

Thanks for any help!

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Well, no you don't have to name any culprits if you want to claim the ID theft exclusion. You will have to get a police report - which may or may not lead to an actual investigation. The big question though is "did you reside at the residence where the service was used in your name?" If thats the case, the CRA's may not exclude based on you benefitting from the claimed ID theft.

[Anonymous]

That's so strange! I guess I assumed that if you're under 18, it isn't completely legal (and I had no idea that it was going on). So if I actually used the utility it's OK regardless of how it was billed? Odd.

[CH-7-Mission-Accomplished]

I would go after the under 18 angle.  I would contact the utility and make a big stink that it wasn't you and besides that, you were underage!  If they don't resolve it, send in complaints to the BBB and your state utility commission, including copies of your correspondence to the utility.  I would send it certified mail, return receipt requested, to the president of the utility.

The squeaky wheel gets oiled.

[needtodobetter]

No, you are not responsible for a bill that was put in your name when you were a minor.  We went through the same thing with my son and my ex-husband.  My ex put his utilities in my son's name.  Once my son turned 18, he found out about the accounts when he tried to get a car loan.  He disputed these on his credit reports, stating that he was a minor at the time, and they were all removed within a couple of days of his dispute.  This included water, electric, and cable bills.  He did not have to file anything related to ID theft or fraud, but that was just his experience.  

Good luck!  You were put in a really crappy position, and I hope it works out for the best for you.

[Anonymous]

Yeah, as others have said, definitely pursue the under 18 angle. The CRA's are not interested in getting involved in criminal investigations, so you don't really need to worry there. What I was referring to is that in FCRA 605B, which is the ID Theft provision, one of the reasons the CRA's can turn it down is if they believe you benefitted in any material way from the ID Theft.

[Anonymous]

Thanks for your feedback! I really appreciate it. That's the path I was leaning toward - I figure it's as easy as comparing the date the account was opened with my birth date. I just didn't want to open a Pandora's box. I also don't think the utility would have a record of the account as it was charged off a while ago....

[RobertEG]

Yes, you can get the info blocked from your credit report by using the identity theft procedure under FCRA 605B without any involvment of the creditor if you submit a police report to the CRA.  The reason that the FCRA accepts a police report is that anyone can simply make an account not mine assertion.  However, by making hte staement in a sworn police report, you are under criminal liabiity for any knowingly false statements.

You can expect, when filing a police report, for them to ask the basic and obvious question as to whether you have any knowldedge of who may have used your identity.

That is where the rubber will hit the road.  If you kow the party who used your identity, failure to provide that information when asked by law enforcement placces you under potential jeopardy for making a knowingly false statement.

Whethr or not law enforcement pursues the alleged perpetrator is up to them.