Help. Potential Collection due to Identity Theft

[Anonymous]

At the end of May, my Paypal account was hacked. It took 2 weeks to get my money back from Paypal and Wachovia. I thought all was said and done until I got a collection request saying that I owed the money for the account bought on gamepal.com.  I had never even heard of this website !! Now the person at the collection agency said that they don't care if my paypal account was hacked, its between me and gamepal. There TOS happed to be no refunds... ever. The collection person then asked if I filed a police report... which I didn't because I never knew I had to. She also said that if I sent her a copy of  the police report, that she would shred it, and that it means nothing since it was filed long after it happened.

Well, this past Saturday, I sent the dispute letter (within the 30 days) and also got a police report. I also put a fraud alert on all my credit bureau's.

What else can I do?  Paypal says that my account was accessed by a third party, but that I would need a laywer to subpeona the records since I closed my account right after it happened. The only way I can prove it wasn't me is by the IP address used to access my account.

Please help!! I am trying to buy a house and the last thing I need is a collection showing up on my account

[Anonymous]

bump... anyone?

[Anonymous]

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Mongrol wrote:

bump... anyone?

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Wait for the results of your disputes... Did you send copies of the police report to the CRAs? AND CMRR copies of ALL documentation to the CA.

Rob

[Anonymous]

Never talk to them on the phone.....Where did you dispute CRAs???  send a DV letter to the CA and DO NOT sign it...just type your name.

In the letter state that you want the address that this so call item was mailed and signiture of person that received it.

ADD the last statment to this letter....also state that it was ID Thief!

Replace all the FLORIDA  with the name of your state & send CMRRR

Jones Collection Agency

222 1st Street

Noplace, FL33333

Re:      Account #:                   5555555

            Original Creditor:         Smith & Smith Corp

Dear Sir or Madam:

This letter hereby notifies you that the validity of this debt is in dispute. In an attempt to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such substantiation, under federal and state law you must correct any erroneous reporting to any and all credit reporting agencies

In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:

1. A copy of the alleged original contract or other instrument bearing my signature
2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account
3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter
4. Evidence that your company is registered as a consumer collection agency in the State of Florida

Additionally, until full validation is provided, all representatives of your company, or any affiliated company, must immediately cease & desist all attempts to collect the aforementioned debt. Failure of your company to comply with this request will be a violation of the Fair Debt Collection Practices Act and will directly result in a complaint filed with the Federal Trade Commission and the State of Florida Attorney General's office. Please be advised, should this request be violated, I will pursue all criminal and civil claims, including any and all punitive damages, allowable by federal and state law against your company.

Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be retained should further action become necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I look forward to your timely response.

Best regards,

Jane Doe

[Anonymous]

The collection has not hit my credit bureau's yet, so there is nothing to dispute yet. I did send a letter to the CA explaining the fraud and saying that I am not liable for this debt. I also said that if they did put anything on my CB's that I would sue for 1,000.00 per instance if inaccurate data being posted on my bureau's

[Anonymous]

it would cost them more then $1,000...and the FTC would fry them!

[Anonymous]

bump....  police report has been filed, and I haven't recieved anything from the CA since the recieved my certified/return recipe letter

Is there anything I should be doing in the mean time?

[Anonymous]

You have specific rights under
# The Fair and Accurate Credit Transactions Act of 2003

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=fubl159.108.pdf

READ READ READ.

[Anonymous]

I would think that paypal owes gamepal the money, not you, especially since paypal was aware of the "hacking" into your account.

[Anonymous]

Oh, remember, do not talk to the ca under any circumstance!!!!