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desertsailor
02-02-2004, 05:42 AM
We just found out that almost 4 years ago someone opened a telephone
account under my wife's name in Los Angeles, California. This came to
light when my wife got a copy of her credit report, and found that a
San Diego collection agency was after her for over $500.

My wife has now contacted the Attorney General, the police, the FTC,
all three credit reporting agencies, the collection agency, and the
phone company that opened the account in the first place.

The collection agency has refused to cooperate thus far, even after
receiving a fax from the phone company confirming that this was a case
of fraud, as well as the case number for the police
investigation/report. The collection agency insists that my wife give
them all kinds of personal information so that they can "conduct their
own investigation," and they've refused to give her any of the
information she requested of them.

Does anybody have any experience in this area? We're worried that
without the cooperation of the collection agency, we'll never get this
off of my wife's credit report(s). On the other hand, my wife is
understandably hesitant to give personal information to a collection
agency which has wrongfully attacked her credit, and refuses to accept
clear evidence from both their client, and the police.

Paul Cassel
02-03-2004, 12:28 PM
desertsailor wrote:
[claimed ID theft. Collection agency being mulish about letting go the debt] Does anybody have any experience in this area? We're worried that without the cooperation of the collection agency, we'll never get this off of my wife's credit report(s). On the other hand, my wife is understandably hesitant to give personal information to a collection agency which has wrongfully attacked her credit, and refuses to accept clear evidence from both their client, and the police.

Why not concentrate on the reporting agencies instead of trying to get the
collection agency to bend to your will here. If you think on it, the
collection agency must have folks claim falsely that the debt isn't really
theirs so it's likely that they'll be skeptical.

Were it me, that's what I'd try. You can also visit the government site,
www.ftc.gov to see regulations on collections which may be relevent to your
situation. Your State AG may also have information about State regs here.

-paul

Barry Gold
02-03-2004, 12:29 PM
desertsailor <mrtesterman2003@yahoo.com> wrote:
[OP's wife is being bothered by a collection agency over a debt
that is not hers (fraud). Collection agency won't cooperate and
is insisting on irrelevant personal info.]Does anybody have any experience in this area? We're worried thatwithout the cooperation of the collection agency, we'll never get thisoff of my wife's credit report(s). On the other hand, my wife isunderstandably hesitant to give personal information to a collectionagency which has wrongfully attacked her credit, and refuses to acceptclear evidence from both their client, and the police.

Read the Fair Debt Collection Practices Act, especially section 305,
15 USC 1692c, http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805
and read the section "ceasing communication".

She can also contact the "big three" credit bureaus and dispute the
debt. If the collection agency insists the debt is real, she can then
contact a lawyer about suing them for "slander of credit".
--
I pledge allegiance to the Constitution of the United States of America, and
to the republic which it established, one nation from many peoples, promising
liberty and justice for all.

Wayne Patterson
02-03-2004, 12:29 PM
"mrtesterman2003@yahoo.com (desertsailor) wrote in message
news:<58ks10h4gpisdktimtjlqr57mfvd4d9g0n@4ax.com>... We just found out that almost 4 years ago someone opened a telephone account under my wife's name in Los Angeles, California. This came to light when my wife got a copy of her credit report, and found that a San Diego collection agency was after her for over $500. My wife has now contacted the Attorney General, the police, the FTC, all three credit reporting agencies, the collection agency, and the phone company that opened the account in the first place. The collection agency has refused to cooperate thus far, even after receiving a fax from the phone company confirming that this was a case of fraud, as well as the case number for the police investigation/report. The collection agency insists that my wife give them all kinds of personal information so that they can "conduct their own investigation," and they've refused to give her any of the information she requested of them."


You have contacted all of the correct agencies but the question is if
you have folowed the proper procedures. You need to fill out the
Identity Theft Affidavit from the FTC and file a dispute with the
credit reporting agencies. They are required to verify the debt or
remove it from your report. With the information from the original
creditor, the police report, and the Identity Theft Affidavit this
should be done fairly quickly.

Collection agencies are governed by Federal regulations but routinely
ignore them. All you can do is to send them a letter notifing that you
dispute the account, demand verification, and that they are not to
contact you regarding this account.

Most people try to handle these issues over the phone which is not
what you want to do. Everything needs to be in writing so you have
proof. I recommend that you send everything CRRR even though this does
cost a couple of bucks more. There is a lot of good information along
with sample letters and links to the FTC and Credit Reporting Agencies
at

http://www.solidgoldhomebusiness.com

Click on the Your Credit Report button.

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