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First time poster here. I pulled my Transunion report today and I found out a check that was written from a stolen account has gone into collections. According to the crediotr, I have to send the police report (already have) and need to get an affidavit from my bank. Do I need to ask the creditor to specifically remove this from my credit report or will it automatically "fall off"? Thanks.
The creditor is not involved in getting the information blocked from your CR. You do that by separately sending a copy of the police report directly to the CRA under the provisions of FCRA 605B, who must block the identity theft information from your CR.
Section 605B requires that you provide:
1. A copy of the police report.
2. Appropriate proof of your identity (such as a copy of a gvt issued ID)
3. Idntification of the information to be blocked
4. A statement that "the information is not information related to any transaction by the consumer."
The letter to the OC is for the purpose of requring them to provide all business records in their possession related to the identity theft account or transaction. See FCRA 609(e). They can properly ask for information related to the account/transaction. Your purpose for requesting and receiving that information from the OC is that it will then, if needed, provide you with documentary evidence of what they consider as verification of your responsibility and authorization. It removes you from the impossible task of having to prove a negative. Just sending the info request to the credtior does not require them to delete anything.
No, you dont have to provide an affidavit from your bank in order to compel them to send their related business records. You must simply identity the information sufficiently for them to provide the business records.
First step is to send the section 605B block to the CRA, getting it blocked from your CR. Then you work things out with the OC based on challenging the documentation they sent to you.
Thanks for replying, but could you dumb it down a bit...my eyes litterally glazed over while I was trying to read that.
You can take your own action to get it blocked from your CR, regardless of when or whether the OC accepts the debt as not being yours.
Your police report is a sworn statement that requires the CRA to immediately cease inclusion of the information in subsequent CRs they issue.
Deletion from your credit file is a separate issue. It will sit there until the OC finally deletes, but by sending the blocking notice to the CRA, others wont be able to see it.
That takes the pressure off of you until you finally get the issue resolved..........