Help removing false collection account!!!

[Anonymous]

Hello first time poster here as I don't know where else to ask! Here is my situation :

10/2020 I received a collection notice from "sequiem asset solutions LLC" for a collection in the amount of $347. The original creditor is charter communications aka spectrum! I have never had any service or relationship with spectrum ever. This is 100% a mistake and not me! 

This same exact collection (however different collection agency) was placed on my credit in April of 2019, through many disputes I finally had it removed because that was a mistake as well! 

calling sequiem asset solutions leads to a dead end as they are zero help and those people have no idea what they're doing and they constantly hang up on me! They ask for my personal information and I refuse to give any thing but my name. 

now I went to the source and called charter communications and used the account number that's listed on the collection notice and confirmed this account exists. This person has the same first and last name as me but no social security on file! (How would they even hit my credit report). They gave me an email on file and address at which I've never lived at!( but is located in the same city as me)

After explaining all this to equifax they still are not removing this from my credit ! What is my next move? Can I persue legal action of some sort? Also I have never received anything in the mail regarding this collection!! My credit score is currently a 777, flawless never late on anything

thank you in advance I'd appreciate any and all help!!

[Anonymous]

@Anonymous welcome to the forum! you have 30 days from receiving the first notice from them to initiate a request for debt validation. Until they validate it, they have to cease collection efforts. If they’re unable to validate it, it should be removed.

Meanwhile if the bureaus deny a dispute, you need to request method of verification so that you know how it was investigated and then you can file a complaint with the CFPB.

Read the disputes section of the Scoring Primer linked at the top of my signature.

[RobertEG]

When you say it is a "false" collection, I assume that you are willing to assert that you never opened any account upon which the collection is asserted to be based, and can thus assert that it must be based on someone else having used your identity to establish any such account.

The dispute process is not the best route for removal of information asserted to have resulted from identity theft.

In recognition that it is difficult, if not impossible, to prove a negative, the FCRA was modified back in the 90's by addition of an identity theft process that permits a consumer to get information blocked from their credit report without any involvement of the creditor/furnisher, or any use of the normal FCRA dispute process.

The "entry fee" for using the FCRA 605B identity theft process is simply your willingness to put your assertion that you never opened or authorized the relevant account into a sworn statement made before a law enforcement agency.

See details of the FCRA identity theft process in the sticky post in the upper portion of the General Credit Topics section of this forum.

I suggest you use the identity theft process and file a police report, then send a copy to the CRA and use the FCRA 605B identity theft process to block the collection from your credit report.

[Anonymous]

Thank you for your detailed response!

I have no issue filing a police report for ID theft!! When I file this report do i forward this info to equifax via dispute process (where I can attach files) or do they have a department outside of the dispute process that handles this?

Also when you say "block" the collection account does this mean me or anyone wont be able to see this on my report? For example when I file for a loan, cc, etc.

Thank you

[Anonymous]

---

@RobertEG wrote:

When you say it is a "false" collection, I assume that you are willing to assert that you never opened any account upon which the collection is asserted to be based, and can thus assert that it must be based on someone else having used your identity to establish any such account.

The dispute process is not the best route for removal of information asserted to have resulted from identity theft.

In recognition that it is difficult, if not impossible, to prove a negative, the FCRA was modified back in the 90's by addition of an identity theft process that permits a consumer to get information blocked from their credit report without any involvement of the creditor/furnisher, or any use of the normal FCRA dispute process.

The "entry fee" for using the FCRA 605B identity theft process is simply your willingness to put your assertion that you never opened or authorized the relevant account into a sworn statement made before a law enforcement agency.

See details of the FCRA identity theft process in the sticky post in the upper portion of the General Credit Topics section of this forum.

I suggest you use the identity theft process and file a police report, then send a copy to the CRA and use the FCRA 605B identity theft process to block the collection from your credit report.

---

Awesome information! I always learn something from you @RobertEG ! Thank you for sharing your knowledge. 

[RobertEG]

It is totally separate from the FCRA dispute process.

Disputes involve referral of the dispute to the party who furnished the information to the CRA, and an investigation and response back to the CRA by the furnisher.  If an account was opened, they dont have to do a full private investigation and can normally reply upon verification back from the furnisher that there is an account opened in your name.

The dispute process thus puts the consumer in a bind.

The identity theft process, as outlined in FCRA 605B, involves submission by the consumer of a police report to the CRA, with no involvement of the furnisher.  It is not a "dispute."

Information blocked as a result of the identity theft process is not shown in the consumer's credit report, and is thus removed from credit scoring.