Experian not blocking fraud account even with Police Report- Advice!

[MPStudio]

I need some advice..

I have a Judgment on my EX credit file that resulted from an old account that was opened fraudulently. I've already contacted the OC and the CA that filed the Judgment and both stated they do not have any info on the account because it was closed due to fraud. 

Anyways.. EX has my Police Report on file and has had it for the past 9 years. They were always really good about blocking the fraud accounts but they have been giving me a hard time about the judgment. They stated that they can't really read the police report and asked for me to get a new copy of it ( they never had a problem reading it before!) So I contacted the Police Records Department and they stated they no longer have it due to the age of the report. I called EX and told them this.. they said for me to file a new report or to fill out the FTC fraud affidavit and have it signed by the Police Dept, etc. 

I went to the Police Department with the FTC affidavit and also said I wanted to file another report. They said since I already have a report and it's an old crime that it's not necessary. (I had the copy of the Original Police Report with me). They also said they are not supposed to fill out the FTC affidavits but he did it anyways for me. On the Affidavit the Police wrote that they can not locate the original report but that the report that I have attached IS VALID. He signed the affidavit and I signed in front of him.

I uploaded all of this paperwork to Experian over 10 days ago and they are DISPUTING the judgment instead of blocking it!

Can someone please give me some advice on what to do here? A dispute will come back verified since the Judgment is still in the Court System until I am able to get that vacated or whatever.

Please cite what I should tell EX if it is a law they are breaking by not blocking... 

Thanks in advance!

[gdale6]

A CFPB complaint on EX will most likely resolve this and if I were you I would be filing a motion to vacate that judgment in the court that granted  it based on fraudulent activity. The judgment is still active until its either satisfied or vacated.

http://www.consumerfinance.gov/complaint/

[2b2rich]

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@MPStudio wrote:

I need some advice..

I have a Judgment on my EX credit file that resulted from an old account that was opened fraudulently. I've already contacted the OC and the CA that filed the Judgment and both stated they do not have any info on the account because it was closed due to fraud.  If they closed your account because they learned it wasn't yours, they wouldn't have filed a judgement against you???  If they closed out the 'collection' of the account because they learned that it was a fraudulent account to begin with, and stopped collection of the debt as a result, then contacting the courts to remove this judgement should have been part of that?

Anyways.. EX has my Police Report on file and has had it for the past 9 years.  Are you saying that this judgement has been on your credit report for 9 years? Even though the FCRA allows for judgements to remain for as long as they're active (or 7 years from date of filing if satisfied), EQ, TU, & EX all three have agreed that they won't report them longer than 7.5 past the date of filing, satisfied or not.  The only exception(s) would be something like a tax lien, etc.  They were always really good about blocking the fraud accounts but they have been giving me a hard time about the judgment. They stated that they can't really read the police report and asked for me to get a new copy of it ( they never had a problem reading it before!) So I contacted the Police Records Department and they stated they no longer have it due to the age of the report. I called EX and told them this.. they said for me to file a new report or to fill out the FTC fraud affidavit and have it signed by the Police Dept, etc. 

I went to the Police Department with the FTC affidavit and also said I wanted to file another report. They said since I already have a report and it's an old crime that it's not necessary. (I had the copy of the Original Police Report with me). They also said they are not supposed to fill out the FTC affidavits but he did it anyways for me. On the Affidavit the Police wrote that they can not locate the original report but that the report that I have attached IS VALID. He signed the affidavit and I signed in front of him.

I uploaded all of this paperwork to Experian over 10 days ago and they are DISPUTING the judgment instead of blocking it! Experian is a stickler when it comes to making sure a judgement is either valid or not.  They will compare the information on the court records (dates, names, company, etc) to that on your police report or affidavit to be sure it covers that judgement before deciding if they should delete it or not.  They actually review court records on a periodic basis automatically, so the dispute may be required in order to get someone to review it sooner.

Can someone please give me some advice on what to do here? A dispute will come back verified since the Judgment is still in the Court System until I am able to get that vacated or whatever.

Please cite what I should tell EX if it is a law they are breaking by not blocking... 

Thanks in advance!

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Personally, I have no reason to doubt you, and I hope this is resolved for you soon.

however,  looking at it from EX's pov, every day they see people who are trying to get legitimate baddies removed from their credit reports, and usually those who are trying to remove legitimately inaccurate information, are doing it long before it's been on their reports for 9 or 10 years.  (I mean, this is what they're going to be asking themselves.  

They may see that you had a police report 10 years ago, but will wonder why it still hasn't been vacated if you had proof 10 years ago to do so.  Does that make sense? I'm only trying to cover angles that they may be considering.

[MPStudio]

2b2rich, to answer your questions:

1. They closed the collection of the account because it was a result of ID Theft. (This was not the only account that was openened in my name). The Account was actually opened in 1999! I found out about it within 5 months of it being opened and informed the Police about this. The CA that filed the Judgment is no longer around and another CA took it over from there. The CA whose name is on the Judgment now said they would help me to get it vacated and that they do not have ANY information on that account at all because it was not them that actually filed it. I never heard from anyone regarding this Judgment because according to the CA, they were to cease all collection activity as well. The Judgment was filed 10 years after the account was first opened! The Police Report was given to all CRA's back in 1999 and again 9 years ago, and again months ago, as well as 2 weeks ago.

2. I HAVE been trying to get this removed for years. It is due to drop off next year. EX has been giving me the runaround, until they finally said to get the FTC Affidavit signed by the Police Dept, which I did. They wouldn't ever tell me the reason why they weren't blocking this Judgment.. even though they blocked the Collection Account. It wasn't until a few months ago that someone actually told me the reason why they weren't blocking it was because it didn't contain the full Police Report Number (It was the Preliminary Report) and NO ONE EVER told me that I had to go to the Police Department and get the entire report from them for all of these years. Everyone accepted that same report. It was then that I called the Records Dept and went through all of the steps to obtain it, only for them to mail me something months later saying they no longer have it on file due to the age. So, I went into the Police Dept with the Prelim ID Theft Report that the Police Department filled out and the Officer filled out the FTC Affidavit stating that "the attached receipt is valid" (receipt= report) and that they no longer have the original report on file.

I was waiting around for the CA to get that Judgment vacated or removed or whatever they had to do, since they told me that they would help me with it. That never happened and months went by. I have not been diligent with my credit repair efforts, so that is one reason why I haven't stayed on top of EX to block it. I just finally got every single thing they asked for (since they kept giving me the run around). As for the Police Records Dept, I had to wait 3 months just to find out that they didn't have that Report on file anymore! I even paid $24 to receive it.

Again, the Collection account was blocked by EX years ago but they are not blocking the Judgment for that Collection Account that they already knew was a result of ID Theft.

[MPStudio]

gdale - Thank You, I filed a complaint today. Hopefully this will get resolved. 

[2b2rich]

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@MPStudio wrote:

2b2rich, to answer your questions:

1. They closed the collection of the account because it was a result of ID Theft.  They should have contacted the courts and done something about the judgement too, not that it surprises me that they did not. (This was not the only account that was openened in my name). The Account was actually opened in 1999! I found out about it within 5 months of it being opened and informed the Police about this. The CA that filed the Judgment is no longer around and another CA took it over from there. The CA whose name is on the Judgment now said they would help me to get it vacated and that they do not have ANY information on that account at all because it was not them that actually filed it. I never heard from anyone regarding this Judgment because according to the CA, they were to cease all collection activity as well. The Judgment was filed 10 years after the account was first opened! The Police Report was given to all CRA's back in 1999 and again 9 years ago, and again months ago, as well as 2 weeks ago.

2. I HAVE been trying to get this removed for years.  I don't doubt you at all, I just didn't read in your comment about it.  Even when people don't do anything about them for years doesn't mean it's their debt.  I had a judgement on my TU for 6 years before I knew about it because I never checked TU, I didn't believe many creditors did, and I wasn't applying for credit in those years.  Turned out to be a debt my ex incurred AFTER our divorce was final.  I provided a copy of our divorce decree showing we were not married at the time, and also that I was 1200 miles away on the day he & I were suppose to have signed it.   It happens, I know.  I know what I went through clearing my name, so I feel for ya. It is due to drop off next year. EX has been giving me the runaround, until they finally said to get the FTC Affidavit signed by the Police Dept, which I did. They wouldn't ever tell me the reason why they weren't blocking this Judgment.. even though they blocked the Collection Account. It wasn't until a few months ago that someone actually told me the reason why they weren't blocking it was because it didn't contain the full Police Report Number (It was the Preliminary Report) and NO ONE EVER told me that I had to go to the Police Department and get the entire report from them for all of these years. Everyone accepted that same report. It was then that I called the Records Dept and went through all of the steps to obtain it, only for them to mail me something months later saying they no longer have it on file due to the age. So, I went into the Police Dept with the Prelim ID Theft Report that the Police Department filled out and the Officer filled out the FTC Affidavit stating that "the attached receipt is valid" (receipt= report) and that they no longer have the original report on file.

I was waiting around for the CA to get that Judgment vacated or removed or whatever they had to do, since they told me that they would help me with it. That never happened and months went by. I have not been diligent with my credit repair efforts, I for one, am completely guilty of this, myself so I DO understand, I was only tossing out things that might you might have been faced with so you could be ready. so that is one reason why I haven't stayed on top of EX to block it. I just finally got every single thing they asked for (since they kept giving me the run around). As for the Police Records Dept, I had to wait 3 months just to find out that they didn't have that Report on file anymore! I even paid $24 to receive it.

Again, the Collection account was blocked by EX years ago but they are not blocking the Judgment for that Collection Account that they already knew was a result of ID Theft.

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I hope you will update when you have some kind of resolution with this, and I hope it's soon for ya

[RobertEG]

A court judgment is a finding of legitimacy of the debt.  The consumer had opportunity to rasie a fraud/identitity theft defense at trial.

Blckokage under section 605B requires that the consumer include a statement that the account was never authorized by him, which appears contrary to the findng the court that the consumer is respnsible.

In my opinion, the CRA most likely has justification for not blocking a judgment made by a court.

I would submit the issue to the CFPB by way of complaint.