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Disputed account came back as verified from three sources -- what to do now?

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Disputed account came back as verified from three sources -- what to do now?

My family member used my SS and opened a credit card in my name in 2015. He didn't pay the bills and it was eventually charged off (~$500). 

 

Last year, I disputed the account with Experian, TransUnion, and the collection agency, but ALL three told me the account was verified. I gave up on the dispute process after a lawyer told me that I would risk getting my family member in trouble if I kept going. However, my credit score has taken a big hit and has stayed exactly the same for an entire year (Experian 659). What can I do now? I don't know how to prove that the account wasn't mine and it feels extremely unfair. I would appreciate ANY insight on this situation.

 

I also just noticed that my Experian report says "Account was in dispute - now resolved - reported by subscriber" and "Account previously in dispute - now resolved, reported by data furnisher (to be used for FCRA and FCBA disputes)." What does this mean?

Message 1 of 7
6 REPLIES 6
Regular Contributor

Re: Disputed account came back as verified from three sources -- what to do now?

Sorry to hear that a member of your family did that to you. I wish I had something to contribute that would help you out. But the way I see it is, that person is a criminal? If they would do something like that to family. Then why not let them go to jail and think.
Message 2 of 7
Super Contributor

Re: Disputed account came back as verified from three sources -- what to do now?

You can either wait 7 years to fall off your report and hope it doesn't go to collections, pay it off, or file a police report and submit the paperwork showing identity theft. There are no other options.







Message 3 of 7
Member

Re: Disputed account came back as verified from three sources -- what to do now?

I thought the account already went through collection since it’s been charged off??
Message 4 of 7
Established Contributor

Re: Disputed account came back as verified from three sources -- what to do now?


@greeengirl wrote:
I thought the account already went through collection since it’s been charged off??

Charged off means the original creditor (the credit card company) has decided to take a loss on their books. They have shown that they exhausted methods of collection (directly) and they can now claim it as a business loss. They CAN and probably already has sold the debt to a collector. At that point the new collector will start contacting you to try to collect. This process can repeat many times.

 

Debt collectors buy thousands of collections and then decide which ones they will  pursue.

 

As others have stated you can either live with it or file the police report. You can’t just claim someone used your SS without the police report. Otherwise everyone would just make that claim when they don’t want to pay a debt. Honestly the bar is so low there is no point in not filing. Identity theft is crime. You’re telling the CRA that a crime was committed against you but you don’t want to get the criminal in trouble. I get that they are your family member but that is of no concern to the CRA.

 

Also pro tip, nothing is going to happen to your family member. Why? Because you can’t prove it. The police will take your report give you a copy and file it away. See what I mean by a low bar? Most of the work will be gathering up whatever paperwork you have file with the report.

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Message 5 of 7
Community Leader
Mega Contributor

Re: Disputed account came back as verified from three sources -- what to do now?


@greeengirl wrote:

My family member used my SS and opened a credit card in my name in 2015. He didn't pay the bills and it was eventually charged off (~$500). 

 

Last year, I disputed the account with Experian, TransUnion, and the collection agency, but ALL three told me the account was verified. I gave up on the dispute process after a lawyer told me that I would risk getting my family member in trouble if I kept going. However, my credit score has taken a big hit and has stayed exactly the same for an entire year (Experian 659). What can I do now? I don't know how to prove that the account wasn't mine and it feels extremely unfair. I would appreciate ANY insight on this situation.

 

I also just noticed that my Experian report says "Account was in dispute - now resolved - reported by subscriber" and "Account previously in dispute - now resolved, reported by data furnisher (to be used for FCRA and FCBA disputes)." What does this mean?


 

If you're experienced identity theft, you will need to follow these steps to hopefully get it resolved 

https://ficoforums.myfico.com/t5/General-Credit-Topics/Victim-of-Identity-Theft-What-To-Do-to-Protec...

 

Just disputing account will not  do anything as you've already experienced. 

Filling police report is the only way if attempting to prove account is not yours (along with other steps) described in that thread

 

I understand you not not wanting to get family member in trouble. Sadly, they did extend you the same courtesy. 

If you decide not to follow these steps, the account will stay on your CR till it falls off, no longer than 7.5 years after DOFD. 

 

The only other option you have is to attempt to get it paid/settled. I hate to suggest this, it's victimizing the victim again. 

 

Good luck 

 

 

 

EX 759 EQ 774 TU 753


Message 6 of 7
Legendary Contributor

Re: Disputed account came back as verified from three sources -- what to do now?

You dont have to "prove" that the account was not yours/not authorized by you.

The FCRA identity theft process is provided to obtain block of any information that is asserted to have resulted from identity theft without the need for "proofs," provided that your assertion is made in a statement before a law enforcement agency (police report).

 

A police report carries criminal penalties for any knowingly false statements made to the law enforcement aqency, and is thus used by the FCRA to separate simple assertions from those that are sufficient to block the information.  FCRA 609B.

If you are not willing to make a sworn statement before a law enforcement agency and send to the CRA, you dont meet the blocking criteria under the FCRA.

 

While filing a police report could result in an investigation that leads to prosecution of the offender, law enforcement usually has better use of time than to pursue family member matters of this sort.  However, once you file the report, it becomes a determination of the police as to whether to investigate and possibly refer for prosecution.  I would not rely on a blanket stattement that they will take no action......

Message 7 of 7
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