topic Re: I may be a victim of identity theft. Help needed in General Credit Topics

I may be a victim of identity theft. Help needed

Anonymous — Fri, 29 Jun 2012 20:50:07 GMT

I received a debt collection notice from NCO Financial Systems, Inc. The notice says I have a past due balance of $155 to Clear Wireless, LLC. I have never been their customer. I have always had Verizon FIOS for my internet. I called NCO and the person told me the last 4 digits of the social on the account and sure enough it's mine. I called Clear Wireless and they do have the account number but they won't give me any other information (about the account address, etc.) The person I spoke to created a ticket for me to clear my name after taking some info. He said that someone will call me in 2-3 days about the resolution.

I need some suggestions as to what course of action I need to take at this point (i.e. Police Report, certified mail to OC and CA, credit freez, etc.) Please let me know. Thanks

Re: I may be a victim of identity theft. Help needed

Anonymous — Fri, 29 Jun 2012 20:51:25 GMT

Oh the CA said the account was originally opened in October 2010.

Re: I may be a victim of identity theft. Help needed

RobertEG — Fri, 29 Jun 2012 22:19:19 GMT

Whenever you can truthfully state that information reported to your credit file was not authorized by you, you can use the identity theft provisions of the FCRA to address both getting information on the account from the creditor, and getting the information removed from your credit report.

The triggering requirement is that you must put your assertion into a sworn police report, making you liable for false statements.

Once you have a police report, you can then invoke the following provisions of the FCRA:

1.Immediately send a copy of the police report to the CRA, along with an affidavit/declaration attesting to the fact that the reported information was never authorized by you.

That requires the CRA to immediately block that information from your credit report. FCRA 605B.

2. Send a copy to the creditor, and request any and all business records in their possesstion, such as applications and transactions on the account, that relate to the identity theft. They most provide that documentation to you under the provisions of FCRA 609(e), thus enabling you to contest their accuracy. A mini-discovery right that you cant invoke under the separate FCRA dispute processes. They cannot then deny you those records.

3. Send a copy of the police report to the debt collector, similarly requesting records in their possession related to the identity theft information. FCRA 615(g)(2).

Re: I may be a victim of identity theft. Help needed

Anonymous — Fri, 29 Jun 2012 22:30:02 GMT

@RobertEG wrote:
Whenever you can truthfully state that information reported to your credit file was not authorized by you, you can use the identity theft provisions of the FCRA to address both getting information on the account from the creditor, and getting the information removed from your credit report.

The triggering requirement is that you must put your assertion into a sworn police report, making you liable for false statements.
Once you have a police report, you can then invoke the following provisions of the FCRA:
1.Immediately send a copy of the police report to the CRA, along with an affidavit/declaration attesting to the fact that the reported information was never authorized by you.
That requires the CRA to immediately block that information from your credit report. FCRA 605B.
2. Send a copy to the creditor, and request any and all business records in their possesstion, such as applications and transactions on the account, that relate to the identity theft. They most provide that documentation to you under the provisions of FCRA 609(e), thus enabling you to contest their accuracy. A mini-discovery right that you cant invoke under the separate FCRA dispute processes. They cannot then deny you those records.
3. Send a copy of the police report to the debt collector, similarly requesting records in their possession related to the identity theft information. FCRA 615(g)(2).

Thanks for your response. This hasn't made it to my CR yet. I just pulled my report. This is the first attempt from the CA to collect this debt that I don't owe and have nothing to do with. Do I still do all of the above as you suggested? All I really know at this point is that the Clear Wireless does an have an account under my name. They haven't dissclosed anything other than that (i.e. address, etc.) I also know that the CA has my SSN on this account. Again, I have absolutely nothing to do with this debt.

Re: I may be a victim of identity theft. Help needed

RobertEG — Fri, 29 Jun 2012 22:55:34 GMT

Absolutely.

Steps 2 and 3 dont require any credit reporting. Section 609(e) relates to your right to obtain information related to any "faudulent transactions resulting from identity theft."

It is a mandatory discovery right for all their business documents that they are using to support and verify their assertions that you have responsibility for the debt.

I would immediately invoke step 2. Until you receive documentation from the creditor, you are in the totally untenable position of proving a negative.

If and when any credit reporting is made on the information, then you send the CRA a copy of the police report to immediately get it blocked under section 605B.

Re: I may be a victim of identity theft. Help needed

Anonymous — Sat, 30 Jun 2012 12:47:49 GMT

Once you do clear up this issue, you should consider getting some type of credit monitoring service and identity theft services. The three major credit bureaus have a list of suggestions and there are other ones as well such as Identity Guard or Lifelock. That way you can see what's going on with your credit and you can see if anyone is using your SSN or other personal information against you.

Re: I may be a victim of identity theft. Help needed

Anonymous — Sat, 30 Jun 2012 18:50:27 GMT

@Anonymous wrote:
Once you do clear up this issue, you should consider getting some type of credit monitoring service and identity theft services. The three major credit bureaus have a list of suggestions and there are other ones as well such as Identity Guard or Lifelock. That way you can see what's going on with your credit and you can see if anyone is using your SSN or other personal information against you.

Thanks. I do have scorewatch and keep track any changes to my scores. I also had Chase Id Protection until 2 months ago when my last chase card was bought out by captial bank. I have been kind of monitoring my credit. Chase Id protection also had a id theft monitoring option for additional money which I never paid any attention to. Wouldn't it only monitor that loans and credit that was applied toward my credit line? Would it raise flags if something like this where someone used my SSN to get internet access at their home? Do those companies even check the credit before letting them open such accounts?

Also, about filing a police report, I have never done it before. What do I need to take with me (i.e. Id, sworn affidavit, etc.)?

Thanks,

Re: I may be a victim of identity theft. Help needed

Anonymous — Sat, 30 Jun 2012 19:01:06 GMT

Thank you for all the help... I have another question....

The FTC affidavit requires you to fill in the information about the person who stole you identity. In this particular case, I have no idea. The Clear Wireless company won't tell me anything. I know I need to excersise my rights to find out the detail about the cluprit using FCRA 609(e) but one of the things listed to be enclosed in the sample 609(e) letter is the FTC affidavit. Its like chicken and egg. Can some tell me if I can send out a 609(e) letter to the Clear Wireless without the Affidavit, in order to obtain more information about the account that was opened under my Id?

Thanks,

Re: I may be a victim of identity theft. Help needed

RobertEG — Sun, 01 Jul 2012 00:23:44 GMT

As part of a request for records from a business entity related to an assertion of identity theft. section 609(e)(2), proof of the claim of identity theft is not specfically required, but the business entity is given the discretion to ask the consumer to provide a proof of their claim in the form of both a police report and an FTC approved affidavit.

It would be prudent to anticipate such a request, and include it with your request for records.

609(e) requests are serious, entitling a consumer to business records, and thus I would anticipate the business entity to require all forms of both identity and claim prior to releasing any internal records.

Re: I may be a victim of identity theft. Help needed

Anonymous — Fri, 06 Jul 2012 17:48:35 GMT

I have an update on this. I filed a police report and just got a hard copy of the police report yesterday. As I was getting ready to prepare my letters to send to OC and CA, I got a call from OC (Clear Wireless) in regards to the ticket that I had opened. They told me that the address on the account does NOT match mine and neither does the SSN. whew. What a relief!! I am glad to know that it isn't an identity theft afterall.

Now the issue at hand is, the collection agenecy that is working on Clear's behalf, somehow has my SSN and address - I mentioned in my previous post that I found out by calling them. So told the Clear rep that its their responsibility to contact NCO Financials and clean this mess. They are in the process of doing that.

My questions are:

1. Should I still proceed with FCRA 615 to the CA? From what it looks like at this point is that I just need to DV them. Please advice.

2. How the CA ended up with my with my SSN is very puzzling. Any clues on that?

The OC rep was very cooperative and said it was really wierd. She contacted NCO while I was on the phone but after a long hold time, they gave another number to call. The OC Rep is to call me back today at some point after making sure that NCO has it fixed on their end.

No wonder I never saw any inquiries on my CR ever initiated by Clear.

Again, thanks a billion for helping out.

Re: I may be a victim of identity theft. Help needed

RobertEG — Fri, 06 Jul 2012 18:31:35 GMT

I would not recommend pursuing identity theft at this point. The facts have changed after you made your good-faith statement in your police report, and now the most likely scenario, as you have stated, is not as a result of identity theft.

As to how they got your SSN, debt collectors use various means to supposedly assure that the consumer they are pursuing is the actual debtor. It is not limited to information they have received from the creditor, and is often slopply in process and verification. They go after who they think it might be, as opposed to ensuring first that the person is clearly the proper debtor.

If the OC is now supporting you in the conclusion that you are not the debtor, their contact with their debt collector should result in the debt collector deleting.

If the debt collector does not delete, you appear to have evidence to first send them a direct dispute documenting no debt, thus no collection, in fact.

If both OC and direct dispute clarification of the debt does not pursuade them to delete, I would file a civil action in small claims court, thus getting the facts before a judge who can then make a finding of no debt in fact.

Re: I may be a victim of identity theft. Help needed

Anonymous — Fri, 06 Jul 2012 18:43:18 GMT

@RobertEG wrote:
I would not recommend pursuing identity theft at this point. The facts have changed after you made your good-faith statement in your police report, and now the most likely scenario, as you have stated, is not as a result of identity theft.

As to how they got your SSN, debt collectors use various means to supposedly assure that the consumer they are pursuing is the actual debtor. It is not limited to information they have received from the creditor, and is often slopply in process and verification. They go after who they think it might be, as opposed to ensuring first that the person is clearly the proper debtor.

If the OC is now supporting you in the conclusion that you are not the debtor, their contact with their debt collector should result in the debt collector deleting.
If the debt collector does not delete, you appear to have evidence to first send them a direct dispute documenting no debt, thus no collection, in fact.
If both OC and direct dispute clarification of the debt does not pursuade them to delete, I would file a civil action in small claims court, thus getting the facts before a judge who can then make a finding of no debt in fact.

Between my last post and now, the OC has called back and told me that they were able to contact the CA and have had them correct their information. I didn't ask them to provide this conclusion to me in writing, I guess I should have but I was in a meeting when they called. Maybe I should call back and get something in writing.

I still want to do my do diligence with the CA to avoid any lose ends. Is there a sample out there for a no-debt letter or is this simply a debt validation letter that I need to write to CA.

Robert, I can't thank you enough for your time and help.