Comenity Capital - Opened without my knowledge

[Anonymous]

I am having some difficulty handling a Comenity Capital account.

About a year ago, my wallet was stolen. I filed a police report at the time, then, several months later (sadly), I noticed this Comenity account appear on my Credit Report.

I recently sent the CRAs the police report. However, it was rejected because the police report did not mention "ID Theft". I just filed another police report that explicitly mentions ID Theft in my new state.

I filed a complaint with CFPB against Comenity and that didn't do a single thing. They have refused to contact the detective yet the verify the account is mine somehow.

Tomorrow, I'll send 3 letters requesting a 605B block (what I gathered here). But what else can be done? Experian rejected the other report somehow but it did mention the account open in my name without my knowledge. I spoke to my friend who's an attorney and said you could also send a letter to arbitrate if not resolved at the same time. EQ does not have that provision anymore but TU does.

Luckily our close of escrow was moved back. Is it a good idea? I dont want to waste time anymore on this.

[gdale6]

You could send them an ITS letter (Intent to sue).. The letter would go to the CRAs. You send it certified return receipt with a time limit for immediate deletion per the FCRA.

[Anonymous]

Wouldn't it be intent to arbitrate, besides Equifax which now says FCRA is in small claims?

https://www.equifax.com/terms/

inding Arbitration. Any Claim (as defined below) raised by either You or Equifax against the other shall be subject to mandatory, binding arbitration. As used in this arbitration provision, the term "Claim" or "Claims" means any claim, dispute, or controversy between You and Us relating in any way to Your relationship with Equifax, including but not limited to any Claim arising from or relating to this Agreement, the Products or this Site, or any information You receive from Us, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought. This arbitration obligation extends to claims You may assert against Equifax’s parents, subsidiaries, affiliates, successors, assigns, employees, and agents. The term "Claim" shall have the broadest possible construction, except that it does not include any claim, dispute or controversy in which You contend that EIS violated the FCRA. Any claim, dispute, or controversy in which You contend that EIS violated the FCRA is not subject to this provision and shall not be resolved by arbitration. The term “Claim” or “Claims” also does not apply to any claim, dispute, or controversy related to the TrustedID Premier product, www.equifaxsecurity2017.com, www.trustedidpremier.com, www.trustedid.com the Equifax cybersecurity incident announced on September 7, 2017, or to customers who were migrated from TrustedID Premier to an Equifax product.

[Anonymous]

So this is what I have done

a) Experian - Sent the new Police report, sent a letter to the general counsel office

b) Equifax - sent the police report, nothing else

c) Transunion - sent the police report and a 60 day notice in same letter requesting a block

However, I wonder how hard and fast the 60-day notice for TransUnion is. I mean would a dispute qualify? The terms seem very vague TBH, it says if we cant resolve a dispute in 60 days.

You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Similarly, before TUI takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or TUI is notified of a dispute, either party may then contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA’s arbitration rules and its fees are available from the AAA on the Internet at http://www.adr.org.

So If I sent them a police report before, and was sent a letter that they couldnt verify my ID (the address on the report was a fraudulent address), that should suffice. either way, Ill give it a week before proceeding further.

[Anonymous]

Another interesting thing w Comenity is here

https://casetext.com/case/gonzalez-v-comenity-capital-bank-1

Once I get these deleted from the CRA, I will pursue Comenity for their bull. But in this case, Comenity tried to force the plaintiff into arbitration EVEN THOUGH she didn't open the account. The case has since been settled, but this is def a major advantage now that this opinion is on the record. 

When I called Comenity again, they said "oh the money is owned" blah blah, and they rejected another police report who said there is a suspect.

So this is just a bunch of crap from them, for real.