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I recieved a debt collection from a CA regarding a 4 year old medical bill in which I do not have any record of. They have my name on it, but it show a entire SSN in which I wont type the whole thing, as showing XXX-XX-3357. Mine is XXX-XX-9768
What approach do I take?
im having that same issue except with Comcast , its attached to my EX CR but the thing is after i concluded my investigation the name doesnt match mines nor does the SSN but yet when i dispute it comes back as valid its really burning me too because its not like its a small amount its one for 942 which is for equipment and the other for 144 which is the bill ... it was opened August 2012 and closed 2 months later .... No idea what to do tried calling OC and CA but none of them willing to assist me ask me to file a police report , ftc affidavit and a bunch of other forms so they can make a case which i dont have time to do ... this isnt my issue this is there case and not mine i just want it off and its really annoying...
Send them a request for debt validation.
In the request, which is usually just boilerplate "Verification of the debt is requested under FDCPA 809(b)" I would include the three following items:
1. A requst for the name of the original creditor.
2. An itemization of the asserted debt.
3. Appraisal of the fact that you are not the consumer with the asserted SSN, and thus that is not basis for associating you with the asserted debt.
That will, provided they have not yet reported, bar them from reporting their collection until such time as they have provided the requested debt validation.
Robert,
It is already on my credit, sadly.
Filing a police report is for the purpose of asserting potential identity theft.
That is not the way to go. You are not asserting that someone else used your identity, you are asserting that they are collecting on a debt that is clearly not asscociated with you. No one stole your identity. You just aint the identified party.
The proper approach is to request DV, and if they have reported, to also file a direct dispute.
In both of those processes, however, they can still choose to verify either the debt or their reporting, but you then have basis for bringing sound legal action.
In verifying, they are required to conduct a reasonable investigation, and their determination either that the debt is valid or that their reporting is accurate must be based on a reasonable determination based on the facts. Your documentation would, in my opinion, result in any reasonable investigation reaching a finding that their assertion either of debt or of accuracy in reporting to your credit file was incorrect.
To compel them to provide the basis for their determination (i.e., the results of their investigation) will require bringing an action in small claims court, and thus use of the legal discovery process of the court. Neither the DV or dispute processes require them to document their finding.
@RobertEG wrote:Filing a police report is for the purpose of asserting potential identity theft.
That is not the way to go. You are not asserting that someone else used your identity, you are asserting that they are collecting on a debt that is clearly not asscociated with you. No one stole your identity. You just aint the identified party.
The proper approach is to request DV, and if they have reported, to also file a direct dispute.
In both of those processes, however, they can still choose to verify either the debt or their reporting, but you then have basis for bringing sound legal action.
In verifying, they are required to conduct a reasonable investigation, and their determination either that the debt is valid or that their reporting is accurate must be based on a reasonable determination based on the facts. Your documentation would, in my opinion, result in any reasonable investigation reaching a finding that their assertion either of debt or of accuracy in reporting to your credit file was incorrect.
To compel them to provide the basis for their determination (i.e., the results of their investigation) will require bringing an action in small claims court, and thus use of the legal discovery process of the court. Neither the DV or dispute processes require them to document their finding.
Ok sounds like im about to perform a DV because i for one know its not mine and the information behind it is false ... Them asking me to do all of that is just probably because they know no natural person will go through with all those steps to get something off but i will because its really hurting my score.. When i originally disputed it the first time and it was removed a quick moment CK sent me a notification that my credit score shot up to 720 then i go to look to only find that it was put back so it is time for this thing to go i will not carry this if it isnt mine....