Trans Union won't block identity theft please help!

[sandrachicago]

I just received a letter from Transunion that at this time they decline to block the information for following reasons:

-In accordance with Section 605B of the FCRA we have determined that your request has a)been made in error b)is misrepresentation of material fact and/or c) you have obtained posession of googds/services

They tell me I can submit additional info and that they opened reinvestigation of dispute..

What are my options now? I sent them full notarized identity theft kit with police report number. Chase is reporting this credit card in my name with my old address and they bought this account from WAMU so I know they just updated my address on credit card statements no one can supply credit application. I live in Illinois who should I contact? CFPB didn't help me before identity theft kit, Transunion just responded that they are reporting correct info?? Please help with any resources...there's no way I can qualify for mortgage with this delinquent account next month.

[Anonymous]

Is it your account?

[sandrachicago]

No, I suspect  co-workers from a trucking company I worked for. They were shut down in 2008 for many illegal activities including undocumented workers. Account was open in 2007, they had access to all my info. copies of DL, soc sec etc..Police told me they can't do anything because they might've left the country..Chicago is full of companies like this..

[sandrachicago]

I heard Transunion keeps "troublemaker" list for people who dispute much and I did in last couple of months but they were all valid complaints. How do I get off this list? this is just crazy..

[Anonymous]

Did you send Chase the ID Affidavit and police report also?  You need to do that and ask for any and all documentation they have on this account.

[RobertEG]

Their stated reasons are in the alternative, and fail to either identity one of the three stated reasons, or to provide any explanation.

I would consider their decline to block as insufficient in even identitying its specific basis...

If you send a copy of the police report, along with proof of identity and the statement that the account or any transaction thereon where never authorized by you, you have met your burden.  Their option to decline requires more than just a statement of their possible reasons to do so under the statute.

Treating it as a dispute is rediculous, as you have not asserted an inaccuracy in the reporting by the furnisher, who is relying upon their information without means to independently determine whether it is fraudulent. That is why the identity theft blockage provision of section 605B exists.... to bypass the need to consider proofs.

You have no prooofs to offer to support a dispute, and thus your asserton in the form of a polcie report is being used to obtain blockage, not contest the accuracy of its reporting.

I would take the next step of filing a formal complaint with the FTC/CFPB, with a copy to the CRA, and let them wieigh in.

[p-]

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sandrachicago wrote: Chase is reporting this... Transunion just responded that they are reporting correct info...

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You are doing all of the right things.  Your next steps are easy;

1.  Direct dispute with Chase using the same information you sent to TU.  Save copies of what you sent, and their response.  If they do not delete on their own, 

2.  Compile your credit denials, copies of letters, and documented timeline.  Hire an attorney, and file suit in federal court naming the bank and the Credit Bureau.  Seek removal from your report, compensatory damages, and attorney's fees from all three.

If you have the money, pay out of pocket for an attorney.  Otherwise, negotiate a contingency aggreeement.  This is a big juicy easy one for the right law firm, and the defendants are almost sure to settle.  If you are in California, PM me and I will send you the contact information for the attorney that helped me with a similar situation.  It took months, but at the end of it I am very happy with the settlement.

[sandrachicago]

Yes, I've sent the full affidavit kit with police report to Chase also, it's been 2 weeks I did receive return receipt and nothing else from them. This morning I checked my Transunion report I'm subscribed to their service so I can check every 24hrs. and Chase account is gone, not put aside with reinvestigation comments,however,  the score was not updated at all, usually their vantage score changes with every little change. Should I go ahead and file complaints with BBB, AG.. or not rock the boat. I just want to make sure nothing pops back while I'm in the middle of mortgage application. Thanks so much for your time..

[sandrachicago]

I just went to their online dispute center and I see dispute open date 9/06/13 and estimated completion date 9/25/13.
I guess nothing is over yet, is it good idea to send them 1 more letter stating what RobertEG said and return receipt from DV letter Chase didn't respond to, also file complaints with bbb...any other suggestion before I go to an attorney. Time is of essence because I'm already on month-to-month lease and need to apply for mortgage.

[Anonymous]

Let the dispute run its course.  Too many things going on could cause problems.

You don't DV Chase.  They don't have to respond.  They are only for 3rd party collection agencies.