Re: Need serious advice
01-06-2013 09:15 AM
I dont see that you are the one who has to "fight." You can shift the burden to them.
Somene used your identity to establish an account without your authorization. Congress amended the FCRA to address the catch-22 situation where a consumer cannot independently prove anything because they did not authorize the transaction.
You have the FCRA identity theft procedure available to you, and if you follow that process, you are entitled to have the information immediately blocked from your credit report under FCRA 605B. They have no say or input in the matter. The CRA must block the information from your CR, provided you submit to them a sworn police report and proof of your identity.
You also have the ability to shift the burden to THEM to provide all their business records related to the alleged accoun by simply sending a copy of the police report to the creditor pursuant to FCRA 609(e). A compulsory mini-discovery procedure that does not require going to court. You can additionally send a copy to any debt collector, compelling them to provide information, pursuant to FCRA 615(g)(2).
The identity theft process is an alternative to the FCRA dispute process, and thus avoids any dispute flag and the entire dispute process. The dispute process is seriously lacking when the consumer does not have documentation to support their assertion of inaccurate reporting, and thus usually results in a simple verification by the creditor.
The FCRA dispute process does not include provision for compelling them to document their verification, so use of that process usually leaves the consumer hanging. Ergo, congress enacted the identity theft process.
All you must be willing to do is to put your assertion that you never authorized the account into a sworn police report and mail copies to the CRA and creditor/debt collector.
You are not required to prove your assertion, just make a statement to that effect that does not include any knowingly inaccurate information.