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Disputes not working

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Stugotsv10
Frequent Contributor

Disputes not working

I have a Discover card on my credit that says it was opened for 2 months, with a balance, and now in charged off as bad debt.. was never mine but OF COURSE the credit bureaus "Validate" the lie every time withing 3 days based on NOTHING but the Discover card saying "yes" because there is no proof becuase it is not mine who not clue what they can be showing them (guess they dont have too because its all a scam) 

 

Did the CFPB, even uploaded the CFPB report to the last dispute they didnt care, the lied to the CFPB and promised to "look into it further" that was a good enough answer for the CFPB and of course they never did and you cant do a duplicate CFPB report LOL

 

This whole thing is such a SCAM!!!

 

So my question is what else can I do? 4x they "Validated" this lie.... with no proof what can I do now? what else can I do? 

 

Thanks

14 REPLIES 14
CreditCuriosity
Moderator Emeritus

Re: Disputes not working

Filed a police report of idenity theft?  That would likely be the start.  Sure many others on this forum either have had similiar things or read on it before as you certainly can't be the first on this long running forum.   Others will weigh in how to get it removed if indeed it isn't yours or family that you didn't want to press charges on and the likes.

Message 2 of 15
Stugotsv10
Frequent Contributor

Re: Disputes not working

I have not done that, only because it seems the address is not even mine, I think its someone who a close name not a fraudster 

Message 3 of 15
Brian_Earl_Spilner
Credit Mentor

Re: Disputes not working

Contact a consumer protection attorney. 

    
Message 4 of 15
CreditCuriosity
Moderator Emeritus

Re: Disputes not working

Message 5 of 15
Stugotsv10
Frequent Contributor

Re: Disputes not working

Can we all admit the credit dispute system needs work? I mean what are these people validating it based on???  Discover picked up the phone and said hello therefore they win the dispute???

Message 6 of 15
CreditCuriosity
Moderator Emeritus

Re: Disputes not working

Once again there is a process you just need to follow it.   A company isn't just going to take your word, but when you sign a sworn affidavit and a few other things likely this would be taken care of rather quickly.  Also when you dispute something initially you get your points back as it is being reviewed which is usuall 30 days if not mistaken.  What you are running across is different which is identity theft.

Message 7 of 15
Stugotsv10
Frequent Contributor

Re: Disputes not working

Thats exactly my point, I dont expect them (the credit bureaus) to take MY word for it but I also don't expect them to take discovers either. its like "its hus because we say its his" 

 

OK well show me my signature, show me the card shipped to MY home, show something

 

"nope but its yours we swear" 

 

LOL

Message 8 of 15
BuckyB
New Contributor

Re: Disputes not working

Check out, IIRC, 15 USC § 1681c-2(a) or thereabouts.  CRAs have to block the reporting of any consumer information appearing on a CR as a result of identity theft.  But you have to file a police report, get a police report number, send it and a strongly worded letter listing all the inquiries and/or accounts that appear on your report(s) as a result of ID theft to the credit reporting agencies.  This will effectively make this information invisible to everyone but you.  And if the CRAs don't comply, you can sue them for more than a few bucks.

 

Note: this is NOT the same as a dispute.  This is block enforceable by the Federal Govt.

 

Your time would be well served to look into this advice further.

 

Message 9 of 15
bass_playr
Established Contributor

Re: Disputes not working

Guys, hang on, slow it down a bit.  More than likely, this is not ID theft.  It's more than likely human error, in that the furnisher of information is who committed the error, not a thief stealing one's identity.  Similar name but wrong address is not usualy ID theft, but an error in debt collection skip tracing is more often the culprit.

 

What you need to realize is that if you treat this as ID theft, you will not solve the problem.  You might get it removed from your reports, but the fact still remains that you're dealing with a creditor who is claiming that you owe them money.  And, since they are claiming the account is tied to a different address than yours, there's a chance they could try to collect, or possibly even sue if the balance is high enough, and you would never know because they don't send the correspondence to your actual address.  This can cause a whole other mess later on.  

 

First, you disputed with the credit bureaus.  Now, you should send them a 'method of verification' letter.  You will want to review FCRA § 611 (15 U.S.C. § 1681I).  This statute discusses reinvestigation.  You can send them a method of verification letter, in which you're asking them to tell you HOW they verified the info.  I know that people have had sone success questioning this and informing the bureaus that they will seek arbitration if the credit bureau does not fully comply with federal law.  

 

Something else--they don't actually contact Discover.  They use a system called e-Oscar.  In other words, while the law requires them to actually contact the furnishing party to seek verification when we dispute, they normally just check the online database to see the info posted there.  This is one of their dirty little secrets, lol.  

 

I would do two things.  First, I would contact Discover by certified mail, and inform them of the error.  I'd tell them that the name they are reporting is similar to yours, but apparently its not an exact match?  That's what it sounded like in your post.  I would also inform them that they are reporting an account that you did not originate, with a consumer address that is not yours, and ask them to correct their records and remove the incorrect reporting from your bureaus.  This is twofold--one, it is aimed at correcting your credit reports.  Two, it's also to ensure that they are not going to try to pursue you for payment on a debt that isnt yours.  

 

Second, I would send a method of verification request to all 3 bureaus.  I would inform them that you have no such account, and I would even consider sending them something with the address listed on it that you lived at during the time that this Discover account was originated, to show that you lived at a different address.  I would also point out the difference in the name--it's similar to yours, but again, not the same.  The point of the "reinvestigation" is that you can dispute their claim using documentation that shows they are wrong--and why they are wrong.  By providing, for example, an old utility bill from that time showing your correct name and real address, you're showing them that not only are you not the same person, but you didnt even live at that address.  This, in my opinion (I am not a lawyer), would be sufficient to defeat any "reasonablwe presumption" that your request is frivolous.  I actually helped someone that posted on this forum a few years back to win their lawsuit.  Cap One had sued them over a credit card account, where:

1--the name was similar but not an exact match

2--the address was one that she had never lived at or claimed as hers

3--the SSN was not a match.

 

She won rather quickly.  This is where I see your situation as well.  By informing both the bureaus and Discover of the mistakes, you cover yourself from anyone trying to claim later on that they did not know.  And it sets up what you need in case you need to take legal action against them to put a stop to this.  Be sure to send everything via certified mail, return receipt requested so you have records of it all.

Message 10 of 15
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