Pertinacious And Unwavering 'Fingerhut/Webbank!' What To Do?

[Anonymous]

Ay Yi Yi...! Fingerhut/Webbank, whats wrong with this company? There is an Fingerhut/Webbank account on my Equifax credit report that had been opened fraudulently. Naturally I had called Fingerhut/Webbank to discuss the matter. Having spoke to an agent in its Fraud Department, my hope that this matter be remedied was quickly dashed by the agents lack of interest in cooperating with me, and his steadfast unwillingness to accept that anyone other I had opened the alleged Fingerhut/Webbank account. From the beginning of the conversation to the end of the conversation,  the agent was very cantankerous and condescending. Holding everything I say suspect. Basically treating me like toenail clippings. After 45 minutes of the interrogation, the agent finally agreed to open an investigation. Two days later I did a follow up call to get an update on the investigation. I was told from another agent from the Fraud Department that the investigation has been completed, and that they fine me liable for account. Knowing I didn't open the Fingerhut/Webbank account, unwilling to accept it finding, I decided to dispute it through Equifax . So I contacted Equifax , and they started an investigation. I sent them a police report I filed with my local Police Department regarding the theft of my identity, and I sent them a report of the theft of my identity I filed with the FTC. 15 days later I get am alert in my email saying the results of my dispute were ready. I called Equifax  , was told Fingerhut/Webbank confirms the information on my credit report is right. And that I am liable for the account. So it will remain on my credit report. I was thinking to myself, you got to be kidding me? So I ask Equifax    to submit another investigation, and they did. This was three days ago, so it's still open. I am just so disappointed. I never opened a Fingerhut/Webbank account. So why should I be held liable for it? If after this new investigation comes back like he last time, I don't know what do. Any advice?

[austingal]

I have a feeling that you may have to sue them.

[Anonymous]

@austingal - I hope not. But if I have to I will. From what I read online, a lot of people had to deal with the same thing when dealing with Fingerhut/Webbank.

[austingal]

Sounds like they need to be investigated. I wonder if a complaint to your state's attorney general would do anything.

[stinastina]

Suing them may work out to your benefit financially. If they are violating FCRA rules, you can google an FCRA lawyer to do it for you. Usually they settle for around 1k.

[RobertEG]

The FCRA dispute process is not, and was never intended to be, a full legal investigation by the furnisher.

They are required to conduct a reasonable investigation, and can rely upon their own documenation in the form of the papers that were used ot open the account.  They are not required to hire private investigators and "prove" that it was you in order to verify.

You assertions that you did not open the account, even if supported by a police report, does not legally prove that it was not you.

For those reasons, congress amended the FCRA a couple of decades ago to include an identity theft process that permits the block of information asserted to have resulted from identity theft from your credit report without any need for the dispute process, or any involvement of the creditor in the blocking.

While a police report does not prove that the account is not yours, it is accepted under the FCRA identity theft process as adequate to block the information from your credit report without any legal or dispute resolution finding that it was not factually yours.

See FCRA 605B and its detailed discussion in the upper segment of the General Credit Topics forum in the sticky post related to Identity Theft.

If you send the police report to the CRA as support for a request for blocking under FCRA 605B as opposed to your prior filing of a dispute, you can get the info blocked from your credit report.  You can then pursue resolution of the legal issue of showing the account was not actually yours by filing a civil action, but you should first get it removed from your credit report by following the identity theft process outlined in FCRA 605B.

[Anonymous]

@RobertEG - Thank you for your wisdom and advice. Very enlighting! When I had Equifax reopen another dispute with Fingethut/Webbank, I had asked them to attach both the Police Report and the FTC report. Something they did not do the first time. So now it's wait and see my friend.

[Anonymous]

@stinastina - Yeah, but paying $1000 for a $400 balance on a fraudulent account that isn't mine is a bit much.

[Anonymous]

@austingal - From my research about Fingerhut/Webbank, they've had been investigated many times. And not to mention had complaints filed against them many times over the years. It's nothing new to them. 

[Anonymous]

A complaint with the CFPB might prove worthwhile.