Collections problem. How do I handle a debt buyer?

[makrstne]

Okay guys, I'm going to try and keep this short. 

 GECRB/old navy credit card was opened in 2008 by someone I trusted. It was completely unauthorized and I just found out after I finally pulled up my credit report!

$2000 charge off sold to portfolio recovery. Disputed. Denied due to lack of evidence and it is currently being investigated by GECRB especially after I found someone recently tried to apply for credit with my name. Fraud alert on my credit file and it may take up to 60 days for them to give me a resolution. 

Portfolio recovery deleted the collection off of my report, got excited, but got my damn hopes up because GECRB informed me that PRA is in the process of reselling so I'm just sitting tight until the next debt buyer reports. 

I WANT TO PREPARE MYSELF.

Will the new debt buyer start reporting right away? 

im afraid to answer calls and checking my reports for suspicious inquiry's from agency's I don't recognize because I was told that every little means of contact will initiate some type of agreement to pay the debt (?!)

I asked GECRB and they told me there's nothing they can do until the investigation is final, so until then - I am guilty until proven innocent. Still very much liable for that account.

[RobertEG]

While the issue of your actual rsponsibility for the debt wends its way through the system, you dont have to suffer the impact of the asserted identity theft on your credit report or credit score.

The FCRA has an identity theft process that does not consider the facts of the issue, or proofs by either side.

If the consumer is simply willing to put their assertion that they did not authorize the account or transactions that are being reported into a sworn police report and send that police report to the CRA, along with an affidavit ahd proof of identity, the CRA must block that information from the consumer's credit report.

See FCRA 605B.

[makrstne]

I cannot file a police report because this happened in Hawaii. I am now in Washington and I only found out about the account after I pulled my credit file. I really don't see a chance in GECRB going in my favor due to the lack of evidence and support. It's very discouraging. I filed an ID THEFT affidavit with the FTC, but it's worthless without the report attached.

[RobertEG]

Since the purpose of the police report is basis for you to enforce your rights under the FCRA, if you cant file in the state of occurence, I would look into filing with a federal law enforcement agency.  You might also contact the office or your state or federal AG for suggestions.

Use of the card in interstate commerce may provide the nexus for reporting federally......

The police/idetity theft report provision of the FCRA applies to any law enforcement agency.

It is not investigation by the law enforcement agency that is of concern, it is the fact that you make a sworn statement that carries criminal penalties for knowingly false statements made therein that gives it the weight under the FCRA as more than a simple assertion.

You may have to do some explaining to a law enforcement agency to make them aware of why you need to file a report.

[makrstne]

Okay so I was able to get my FTC Identity theft report and affidavit signed and completed with an officer. He also filed a report. Do I send a copy to the credit bureaus through certified mail?