Author Topic: Fraud inquiries, two CRAs won't remove  (Read 359 times)

0 Members and 1 Guest are viewing this topic.

FixCreditTime

  • Valued Member
  • Posts: 109
Fraud inquiries, two CRAs won't remove
« on: March 19, 2017 04:22:22 AM »
Someone got my name, address, SS#, birthdate, and changed my phone number by one digit and applied for a T-mobile account.  First I found out about it was when I get a letter indicating they had pulled my credit.  I called and told them it was fraud.  They told me they'd take care of it.  They also opened a Best Buy card, which also pulled my credit.  I don't think the sprint account they opened pulled my credit.

So, one CRA allowed me to dispute the inquiries and I imagine they are going to remove the inquiries.  Two other CRA's won't even allow me to dispute them and they're not removing them.  They want me to write letters, forward them letters, etc.  I just wanted this to go away and I thought they'd agree.  If I'm going to write letters, now I'm looking to get paid for my time.  Again, I tried the easy way already.

So what's the procedure here?  From what I gather, its going to be easier to make T-Mobile and Best Buy pay me than it is to get the CRA to pay me because they can just delete it when this goes too far for them.  So the first step is to dispute the inquiries with the CRAs through the mail and wait for the response, yes?  Should I get a police report and include it and my license or just send the dispute letter by itself?  Should I send anything to T-Mobile or Best Buy yet?

Clydesmom66

  • Valued Member
  • Posts: 1773
Re: Fraud inquiries, two CRAs won't remove
« Reply #1 on: March 19, 2017 08:45:05 AM »
If I'm going to write letters, now I'm looking to get paid for my time. 

NOT going to happen.  Your having to write letters to the bureaus, file police reports, FACTA and any other documentation to adequately prove that this is identity theft and not your accounts is a consequence of the crime and neither the creditors nor the bureaus are responsible for compensating you for that time and effort.  Should they actually identify the thief AND the state decides to actually prosecute and gets a conviction the court could order the criminal to compensate you but whether you would ever collect is a whole separate issue.

Again, I tried the easy way already.

There is no "easy" way when it comes to fraud.  The bureaus are not going to just take your word for it and delete inquiries and trade lines.  Why do you think it is so frustrating for victims to untangle the mess?
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

excelsior

  • Valued Member
  • Posts: 1058
Re: Fraud inquiries, two CRAs won't remove
« Reply #2 on: March 19, 2017 03:31:58 PM »
Someone got my name, address, SS#, birthdate, and changed my phone number by one digit and applied for a T-mobile account.  First I found out about it was when I get a letter indicating they had pulled my credit.  I called and told them it was fraud.  They told me they'd take care of it.  They also opened a Best Buy card, which also pulled my credit.  I don't think the sprint account they opened pulled my credit.

So, one CRA allowed me to dispute the inquiries and I imagine they are going to remove the inquiries.  Two other CRA's won't even allow me to dispute them and they're not removing them.  They want me to write letters, forward them letters, etc.  I just wanted this to go away and I thought they'd agree.  If I'm going to write letters, now I'm looking to get paid for my time.  Again, I tried the easy way already.

So what's the procedure here?  From what I gather, its going to be easier to make T-Mobile and Best Buy pay me than it is to get the CRA to pay me because they can just delete it when this goes too far for them.  So the first step is to dispute the inquiries with the CRAs through the mail and wait for the response, yes?  Should I get a police report and include it and my license or just send the dispute letter by itself?  Should I send anything to T-Mobile or Best Buy yet?
The first thing to do is to get hard copy reports of all credit reports from all three bureaus.  These must be hard copy reports that you get in the mail from each credit bureau.  Repeat that three times.  They must be mailed to you.  Online reports will not work.  Printed online reports will not work.

I would call all three bureaus and order the reports through their 800 number.  I would not pay for the report, and I would not order the score.  I would press the options for a credit report if I was denied credit so that I can get the free report.

This first step is very important because it will ensure you get off on the right foot.  When you get the reports, you need to look at them very carefully.  There will likely be many errors there. 

I would file a police report, and get certified copies of the report, and I would mail a notice to all three bureaus of identity theft with copies of that police report.  I would mail each notice via certified return receipt mail and I would ask each bureau to place a security fraud alert or freeze on all my credit reports.

When the hard copy reports come in the mail, I would file disputes with each credit bureau for all the inaccurate information, and I would send those disputes via CMRRR.

The sad reality is that the credit bureaus are not going to help and will in many cases hurt consumers in this predicament. However, when credit bureaus ignore a consumer and violate the FCRA, there are damages that a consumer can pursue and that is where you may receive some money for your troubles.

Remember here that the CRA is going to do whatever it can to make this problem worse.  The only way to combat this situation is through documenting everything, keeping copies of everything, and sending everything CMRRR.

Incidentally, I would consider purchasing a credit monitoring product from the most offending CRA, because it will afford arbitration, and the opportunity to go after the credit monitoring service as well. 

BellEbutton

  • Valued Member
  • Posts: 3015
Re: Fraud inquiries, two CRAs won't remove
« Reply #3 on: March 20, 2017 06:47:18 PM »


Incidentally, I would consider purchasing a credit monitoring product from the most offending CRA, because it will afford arbitration, and the opportunity to go after the credit monitoring service as well.

Experian and Equifax agreements do not allow arbitration for FCRA claims.

excelsior

  • Valued Member
  • Posts: 1058
Re: Fraud inquiries, two CRAs won't remove
« Reply #4 on: March 20, 2017 11:07:51 PM »
Experian and Equifax agreements do not allow arbitration for FCRA claims.
Fraud Resolution is a key arbitrable feature of their agreement.

BellEbutton

  • Valued Member
  • Posts: 3015
Re: Fraud inquiries, two CRAs won't remove
« Reply #5 on: March 20, 2017 11:52:37 PM »
Fraud Resolution is a key arbitrable feature of their agreement.

That's great, but it doesn't cover the FCRA when the agreements exclude that Act from arbitration.

excelsior

  • Valued Member
  • Posts: 1058
Re: Fraud inquiries, two CRAs won't remove
« Reply #6 on: March 20, 2017 11:59:27 PM »
That's great, but it doesn't cover the FCRA when the agreements exclude that Act from arbitration.
The OP is a victim of Fraud; the CRA's and the credit monitoring services will refuse to help the OP.  Drag them in front of an arbitrator to explain themselves.  This is arguably much easier than dotting all the i's of an FCRA claim. 

fisthardcheese

  • Valued Member
  • Posts: 3568
  • They forced arbitration into your contract. Use it
Re: Fraud inquiries, two CRAs won't remove
« Reply #7 on: March 21, 2017 11:10:35 AM »
The OP is a victim of Fraud; the CRA's and the credit monitoring services will refuse to help the OP.  Drag them in front of an arbitrator to explain themselves.  This is arguably much easier than dotting all the i's of an FCRA claim.

I'm never one to back down from fighting over the language in an agreement in arbitration, but in OPs case, with proof of fraud and the CRAs not doing their duty under FCRA, I would suggest OP call several attorneys and let them apply the needed pressure to the CRAs instead and collect a small check without all the work involved. 
10 Arb Settlements (9 AAA, 1 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

FixCreditTime

  • Valued Member
  • Posts: 109
Re: Fraud inquiries, two CRAs won't remove
« Reply #8 on: March 22, 2017 10:29:01 PM »
I'm never one to back down from fighting over the language in an agreement in arbitration, but in OPs case, with proof of fraud and the CRAs not doing their duty under FCRA, I would suggest OP call several attorneys and let them apply the needed pressure to the CRAs instead and collect a small check without all the work involved.

This was the plan, Im 2/2 with it. I just know i have to set it up correctly. And im rusty, its been a couple years since ive had to deal with this stuff.

Glad to see Clydes hasnt had a coronary yet.

The Litigator

  • Valued Member
  • Posts: 1196
  • So, sue me.
Re: Fraud inquiries, two CRAs won't remove
« Reply #9 on: March 23, 2017 02:49:54 PM »
So, one CRA allowed me to dispute the inquiries and I imagine they are going to remove the inquiries.  Two other CRA's won't even allow me to dispute them and they're not removing them.  They want me to write letters, forward them letters, etc.  I just wanted this to go away and I thought they'd agree.  If I'm going to write letters, now I'm looking to get paid for my time.  Again, I tried the easy way already.

That's where you made your mistake.

Don't ever use the word "dispute" when pointing out ID theft to a CRA. There is nothing to dispute. The report is a factual record of who peeked and T-mobile did just that. It will come back as verified.

Tell them you want it "blocked". Send a police report, FTC ID theft affidavit, utility bill, drivers license and a copy of the report with the issue circled. Send it CMRRR if possible.

fisthardcheese

  • Valued Member
  • Posts: 3568
  • They forced arbitration into your contract. Use it
Re: Fraud inquiries, two CRAs won't remove
« Reply #10 on: March 23, 2017 06:58:55 PM »
That's where you made your mistake.

Don't ever use the word "dispute" when pointing out ID theft to a CRA. There is nothing to dispute. The report is a factual record of who peeked and T-mobile did just that. It will come back as verified.

Tell them you want it "blocked". Send a police report, FTC ID theft affidavit, utility bill, drivers license and a copy of the report with the issue circled. Send it CMRRR if possible.

Blocking a file does nothing to remove TLs as a result of ID theft.  Op was right to dispute those.
10 Arb Settlements (9 AAA, 1 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

The Litigator

  • Valued Member
  • Posts: 1196
  • So, sue me.
Re: Fraud inquiries, two CRAs won't remove
« Reply #11 on: March 23, 2017 07:08:30 PM »
Blocking a file does nothing to remove TLs as a result of ID theft.  Op was right to dispute those.

Op should be asking the inquiry be blocked not disputed.

FCRA § 605B (15 U.S.C. § 1681c-2)

(a) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information
in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4
business days after the date of receipt by such agency of—
(1) appropriate proof of the identity of the consumer;
(2) a copy of an identity theft report;
(3) the identification of such information by the consumer; and
(4) a statement by the consumer that the information is not information relating to any transaction by the consumer

It's all about wording.

These letters are read by computers, no human reads them.

excelsior

  • Valued Member
  • Posts: 1058
Re: Fraud inquiries, two CRAs won't remove
« Reply #12 on: March 24, 2017 01:55:01 PM »
Op should be asking the inquiry be blocked not disputed.

FCRA § 605B (15 U.S.C. § 1681c-2)

(a) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information
in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4
business days after the date of receipt by such agency of—
(1) appropriate proof of the identity of the consumer;
(2) a copy of an identity theft report;
(3) the identification of such information by the consumer; and
(4) a statement by the consumer that the information is not information relating to any transaction by the consumer

It's all about wording.

These letters are read by computers, no human reads them.
I had to go back and read this section again and there is a loophole with a block strategy.  CRA's can ignore the block entirely:

(c) Authority to Decline or Rescind (1) In general.  A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that it is an error (or basically any other reason they want).

My read of this is that a consumer has no ability to challenge the CRA's decision to refuse a block via a private right of action.  The reality is that CRA's just don't care about this stuff and CRA's know that the courts have their back.

The Litigator

  • Valued Member
  • Posts: 1196
  • So, sue me.
Re: Fraud inquiries, two CRAs won't remove
« Reply #13 on: March 24, 2017 02:47:32 PM »
Quote
My read of this is that a consumer has no ability to challenge the CRA's decision to refuse a block via a private right of action.  The reality is that CRA's just don't care about this stuff and CRA's know that the courts have their back.

You're correct!

That's the beauty and where we go back to fisthardcheese's strategy.

I've done this in the past where I've sent letters back and forth 3 times to the CRA and bank or in Ops case, T-Mobile.

Let them blame the other. Give them plenty of time to fix the problem. Document, document!

Then drag one or both into arbitration. Tell the nice arbitrator you don't know how they messed this up. You have 3 CMRRR's notifying them to block and neither party did anything to block or just flat out refused. Here's all my proof.

Now lets talk settlement...

excelsior

  • Valued Member
  • Posts: 1058
Re: Fraud inquiries, two CRAs won't remove
« Reply #14 on: March 24, 2017 03:22:13 PM »
You're correct!

That's the beauty and where we go back to fisthardcheese's strategy.

I've done this in the past where I've sent letters back and forth 3 times to the CRA and bank or in Ops case, T-Mobile.

Let them blame the other. Give them plenty of time to fix the problem. Document, document!

Then drag one or both into arbitration. Tell the nice arbitrator you don't know how they messed this up. You have 3 CMRRR's notifying them to block and neither party did anything to block or just flat out refused. Here's all my proof.

Now lets talk settlement...
Yes, I would agree that the pathway to getting this resolved is through arb with prolific documentation.  Courts are not a good place for consumers with identity theft issues because CRA's will prolong and worsen the agony.  CRA's want to send a message to consumer lawyers that bring identity theft cases that they will be in for a very long slog if they dare to try.

 

credit