Problem getting Equifax and Transunion to remove chargeoff from Credit One Bank

[Anonymous]

I had a Credit One Bank Visa card that had 3 unauthorized charges put on it in 2016.  I notified Credit One Bank and told them what had happened and that I wanted the account closed.  They sent me some paperwork that I filled out and returned to them.  Their Fraud Investigation department sent me a letter stating that I would not be responsible for the charges.  I recently pulled a Credit History and I had a charge off for this account.  I contacted Credit One and they assured me that they would contact the 3 CRA and have the trade line removed from all 3 CRA.  Experian has removed the information but Equifax and Transunion are showing it as a charge off -paid in full with a zero balance but it still has "charge off" in the remarks section. This is killing my credit score.  I have disputed with both CRA but I am getting no where.  I have filed complaints on both Equifax and Transunion with the CFPB and BBB.  I just want the account removed since this is not my fault.  I did not make the charges and don't know who did.    Has anyone had any results with filing complaints with CFPB and BBB?  How long does it usually take to get resolved?  TIA

[gdale6]

CFPB can move pretty quick if they have all the info they need. BBB is a back and forth negotiation and will typically go on a month or two from the time the case is filed. If you get nowhere with these two your next step is an ITS (Intend to sue) letter to Credit 1. 

[RobertEG]

Are the unauthorzed charges the ONLY contribution to the delinquent debt that was then charged-off?

Stated differently, were there other legit charges that were included in the delinquent debt that would still result in there being a delinquency?

As for the effect of the charge-off, if the unauthorized charges are the only unpaid debt, then you can use the identity theft process to get any information blocked from your credit report that was due to identity theft without resolving the issue of whether the debt is verified by the creditor.  The identity theft process under FCRA 605B permits, if you put your assertion that you never authorized the transactions into a sworn statement before a law enforcement agency, block of the derogs from your credit report, and thus scoring, without any involvemnt of the creditor.

I would recommend as a next step getting the info blocked from your credit report/scoring as a first step in adressing the matter.

Additionally, once you have a police report, FCRA 609(e) also provides that you can send a copy to the creditor and request that they provide you all business records in their possession related to the asserted unauthorized charges.  That mini-discovery right can then assist you in evaluating, and ultimately proving, that you did not authorize the charges.

[Anonymous]

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@RobertEG wrote:

Are the unauthorzed charges the ONLY contribution to the delinquent debt that was then charged-off?

Stated differently, were there other legit charges that were included in the delinquent debt that would still result in there being a delinquency?

As for the effect of the charge-off, if the unauthorized charges are the only unpaid debt, then you can use the identity theft process to get any information blocked from your credit report that was due to identity theft without resolving the issue of whether the debt is verified by the creditor.  The identity theft process under FCRA 605B permits, if you put your assertion that you never authorized the transactions into a sworn statement before a law enforcement agency, block of the derogs from your credit report, and thus scoring, without any involvemnt of the creditor.

I would recommend as a next step getting the info blocked from your credit report/scoring as a first step in adressing the matter.

Additionally, once you have a police report, FCRA 609(e) also provides that you can send a copy to the creditor and request that they provide you all business records in their possession related to the asserted unauthorized charges.  That mini-discovery right can then assist you in evaluating, and ultimately proving, that you did not authorize the charges.

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