Need advice in dealing with identity theft

[prolesunited]

In 2002, I received a call from a collection agency demanding payment of a Verizon bill. With fines and collection charges, it was about $2,000. Well, I never even had owned a cell phone at that time and disputed it as a victim of identity theft.

I took all of the appropriate steps: contacting credit bureaus, filed a police report, filed a fraud affidavit with Verizon. I forwarded all of the documentation to both Verizon and credit bureau and received corrected credit reports back. Two of the three agencies took it off and the other would only record my dispute. As I didn't hear anything again, I understandably thought it was resolved. I have since refinanced my house, bought a car on credit, received a new credit card and had additional credit increases with no problems.

Today I received a call saying I now owed $4,000. I had received nothing in writing prior to this, so it certainly caught me off guard. I explained the situation and all of the steps I had taken, noting that I retained all of my documentation (thankfully) that I would be happy to send them.

The first woman I talked to was not moved. She said it was on my name and unless I found someone to take responsibility, I would have to. I told her I wasn't going to pay $4,000, but she was firm. Then, I really started getting upset. Anyone who has gone through this already knows how much time and aggravation this has cost me. Then, she says, what I do is up to me but it depended on "how much I value my credit."

Then, I started getting angry. I told her she could threaten to destroy my credit but I wouldn't have any money extorted from me. She then got her manager, who was an even more pompous and condescending ass. "Ma'am, there is no reason to get so upset" when he would hear my voice cracking by then. He then "generously" offered to settle with me for $1,000. "Then, this will all go away and you won't have any more problems." Otherwise, he calmly told me they would be calling every three days and have no other choice than to report it to the bureaus and it would just keep hanging over my head. He was sure to point out that it was still within the statute of limitations.

(Sorry, this is so long, but clearly I needed to vent.)

So, bottom line is, Verizon couldn't verify it, sold it to another agency, which when provided with the documentation decided not to pursue it and then sold it to another agency.

Question is, what do I do next? What I don't even understand was how it even got linked to me. The Verizon account was opened in Minnesota and the last name had an incorrect first letter. However, it must have had my SS# because it showed up on the credit reports. I originally requested documentation and they just sent me itemized bills. I have never received a copy of the contract, which would prove my signature doesn't match.

I plan to send the agency copies of all of my documentation and point out these facts, but how do I just put an end to it? How can I ensure that they don't just sell this account to another agency? How do I protect myself and what statements should I be sure to include in my letter?

Anyone ever have this happen to them?

[MissMillie]

1. SS#s aren't everything

My twin sister and I have the same first and last names. Our middle names and our social security numbers are different.

However, when I applied for a mortgage last year, my credit report came back with all my sisters stuff added to it, and hers had all mine on it.

For some reason, the credit reporting agencies just assume that there is some error with the middle name, or with the social security numbers, or both, and just decided to ignore them.

If someone out there has a name similar to yours, even though they have a different SS#, the credit bureaus may be reading that as an error.

Fight this.

[prolesunited]

8. Well, today I'm going to get new copies of my credit report

and see what's there and not. I did get follow-up reports and it did appear to be corrected.

You can now get one free annually. I should have been more vigilant, but I won't be making that mistake again.

[skygazer]

2. Was this a collection agency that called?

You have the right, under the Fair Debt Collection Practices Act, to refuse to work with a debt collection agency. If you have their address, send them a letter stating that under the provisions of that law, you want them to cease all communication with you, that you do not wish to work with a debt collection agency and prefer to take care of this through the original creditor. You have that right.

Send it certified, return receipt - once you receive the receipt which is proof they got it, they cannot, under law, contact you again. DO NOT send them documentation of the facts - don't work with them. They don't care about the facts, only money. (Google Fair Debt Collection Practices Act - it will give you valuable info on collection agencies and how to handle them).

That takes care of that agency but you still need to resolve the problem. You may need a lawyer but I would attempt to contact Verizon again and see if something can be done about it with them. They HAVE to work with you and cannot foist you onto a collection agency if you don't want to work with one.

Good luck. It's a nightmare. :hug:

[prolesunited]

12. Yes, I plan on contacting Verizon again

since they are at the heart of it. I had so many problems with them the first time as they gave me a major run around.

I didn't realize that I could refuse to work with the agency. I will look into it more.

I don't have any lawyer friends and really don't have the money to hire one right now (which was part of the source of my distress when they called). I'm going to try to gather as much information on my own and try to handle it myself first.

[Thtwudbeme]

16. You kind of do

Teena went to law school...besides, I know she would love to hear about the wedding...

She could probably offer excellent advice on this one-

Do you have her number?

[skygazer]

24. Most people don't realize that they don't have to work with collections

I found out after my ex ruined my credit by running up huge debts. This page has a lot of good info as do many others -

http://www.fair-debt-collection.com/

It's important to know your rights as a consumer - you have more than you know. Good luck to you. :hug:

[Wcross]

3. Ask over at this forum

http://forum.freeadvice.com/

Many lawyers over there and some good advice will flow your way.

If it was me I would have informed the "manager" that you have documentation that it was identity theft. It is not your problem that his company bought a bad debt from Verizon. Inform him that if your credit reputation is damaged in any way by his efforts to collect a fraudulent debt you will be forced to seek compensation in a court of law. BTW- Get his full name and title.

[KitchenWitch]

4. I qualify what I am going to say by the fact that I have NOT been

through anything like this....

My suggestion, is to contact a bankruptcy attorney, not to file, but to have a consultation to help you plan your strategy for dealing with this. Such an attorney would know the debt collection laws, and may be able to help you if the collection agency is crossing the line. He/She may also be able to help you get a copy of the original agreement, that Verizon did not give you.

[Lars39]

5. I'd have a lawyer write a letter to them.

I hope you got their names.

[Thtwudbeme]

6. Get their names, and the phone numbers,

and have an attorney write a letter.

No matter how bad it gets, do NOT agree to "settle." It will make you look guilty.

I had a collection agency call me for a credit card I never owned....I called them every single day to ask if it had been cleared up yet. They threatened to sue ME for harrassment.

But, I am a class A bitch, and this might not work for everyone.

Stephanie

[prolesunited]

7. Haha!

Maybe I'll just have you handle it for me. ;-)

I didn't get their names (yes, I know better), but I wasn't thinking clearly at the time. I do have the phone # and extension, so I can call back and get it.

When I mentioned hiring an attorney to resolve this, he mockingly chuckled and said, "Well, if you want to." He was a real piece of work. He kept implying shit and then when I would call him on it, he would feign surprise and say, "I never said that."

[Thtwudbeme]

9. Oh, they can be pretty funny....

I asked the idiot who called me what his title was at his company and he said, "legal assistant." I said, "In NC, we call that a "clerk"...let me speak to your supervisor immediately."

See? I am horrible.

But, don't back down...and do call Verizon. Also, it appears that they are going to desperately try to collect old debts because the statute of limitations expires in about a year in your area (I think that's correct).

Remember, being called a "bitch" is a compliment!

:) At least that's what everyone tells me!

Steph

[KitchenWitch]

15. How does one find out how long the statute of limitations on debt is?

Just curious!

[Thtwudbeme]

17. There are tons of websites that have a

page with information from every state--

If you can't find one, shoot me a PM-

[SoCalDem]

14. Are you in a "one party notice' state? If so RECORD your calls with them

They say the calls are recorded, so make your own copies:)

[Bunny]

10. My ex is going through something like this as well.

A couple of months ago, he began receiving collection agency calls about a $3000 personal loan that they claim he took out in 1998 and never paid. The balance is now $8000, which they've *generously* offered to settle for $4000.

He never took out the loan and told them so. They didn't care. He told them to send him copies of the original loan agreement so that he could verify his signature. They refused. He told them to go fuck themselves. They've threatened to take it to court. He's told them to go right ahead and schedule a court date, he ain't paying. The calls continue.

Anyway, I think companies are buying up old debts for pennies on the dollar and are now trying to hit people up for payment, and it has something to do with the statute of limitations on debts. Each state is different, but they're trying to trick people into agreeing to pay something on these debts, because any sort of payment (even partial payments) starts the statute of limitations clock all over again. People who do not legitimately owe the money can be intimidated into paying something, because they fear a negative mark on their credit record.

Bottom line, don't agree to pay them anything! And tell them about your rights under the fair debt collection law, and check your credit record regularly to make sure they haven't smeared you. Good luck, they are vultures.

[Thtwudbeme]

11. Bingo!

it's a whole new industry....and there are so many scam artists out there it isn't even funny.

"Old debt" is a hot commodity right now.

[Bunny]

13. Yep, and boy are those collectors vicious!

I wish my ex would give them my number - I'd take those assholes to the woodshed over this shit, but good! He's not confident about the law, and thinks that if he can just explain this to them, they'll leave him alone. HA!

[prolesunited]

18. I just found this from the link provided above.

Maybe this will help. But, yeah, the basic tactic is to strong-arm you into paying, although he repeatedly denied it.

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

[Arugula Latte]

19. This might be of some help:

http://www.identitytheft911.com/home.htm

Good luck!

[hunter]

20. This is a small one, just let it roll off you, do not take it personally.

WHATEVER ELSE YOU DO, DO NOT SETTLE, and do not put up with any bullshit, especially abusive callers. Tell them calmly that you are recording their calls, and that you will report any abuse to the appropriate state agencies.

This sort of identity theft is very common.

My wife and I had most of our credit card and bank accounts stolen, and it was a nightmare to fix. Just when we thought we had it all cleared up, the thieves took our new accounts, and created new ones. The thieves took tens of thousands of dollars in our names. Once they've got your driver's licence numbers and social security numbers, these gangs can be worse than herpes. They can keep coming back.

It's funny, I used to be all conscientuous about money, I assumed banks and credit companies were respectable business, but after this happened I really don't give a shit anymore. There you are, the victim of a crime, and these businesses don't try to help you, instead they come around and try to beat you up for the money they lost.

[prolesunited]

21. Your situation sounds much, much worse

I certainly do NOT plan to settle. They may have caught me off guard and upset me, but I'm calming down and sorting it all out now.

Like I said, the original account wasn't even in my correct name, with the first letter of the last name being incorrect. This was the only problem, so perhaps they just stuck it on me.

I'm printing my credit reports right now. I see the firm just accessed my credit report last week. I did not authorize it, so I wonder if that was even legal. Experian had the problems fixed but Equifax has the bad address and the Verizon info in dispute. I'm getting to the last one after that.

Were you able to get your money back? Because of the continuing problems, is there any way you can get new DL and SS numbers?

And that's exactly how I felt, a victim of a criminal and then one of this agency. I just feel so sorry for all the people they scare into falsely paying. When they checked my credit, they could see how good it was so I'm sure that's why they kept hanging that over my head.

[hunter]

23. We did get our money back.

The bank also worked out the problems with our bounced checks, but not quickly, so we had calls about those too, some of them nasty.

The police were not much help. They make it very clear by their inaction that they hate dealing with this kind of thing. I guess I can understand -- they'd much rather be out on the street dealing with more immediate problems.

We've been told you can't change your DL or SS number for something like this, which was our very first thought on the second go 'round.

[gardenista]

22. This is a scumbag collection agency. They can't do shit to your credit.

Do follow up on it, but try not to let them upset you. They are trying to get you upset and frightened so you'll settle. It's cash money in their pocket if they can do that. Don't let them.