identity theft hell!!!!

kolizion

ok so long story made short... my brother, over 7 years ago, used my social for a few items... cell phone, maybe a card...

he has since gone to prison for other items of the sort, done his time, has been released, married and has straightened out his life...
HOWEVER!!!!

I was recently turned down for a loan, so I pulled my credit report.
this shows a few items of his still reporting under my name (which i disputed back in 2003, 2004, and 2006.... they are STILL on my credit report AFTER providing proof these things dont belong to me including a judgement!!)

thats problem number one.

number 2, is I have 3 old credit cards from pre 2007..... in fact I think 2004 / 2003

all three have been written off and passed around the block.

is it possible to have these removed by chance of asking to recieve my signed contract?

this is the letter I have composed

FORMAL NOTICE - ACCOUNT IN DISPUTE


Dear Sir / Madam

Re: Account No:
Listed under Social Security Number : ***.**.****
Re: my request under s77/78 of the Consumer Credit Act 1974.

I have recently noticed that I have fallen victom of identity theft by way of credit report. I have placed alerts on all my accounts and require information based on the information reported in my credit report.

This is my request for a copy of my properly executed Consumer Credit Agreement.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of 1.00 is paid. This fee is currently included within this letter.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

If within 12 working days this request is not granted you will have entered into default of my request.
The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence.
I respectfully request you review this matter in light of my comments above and I request that you supply me with the required information.
Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.


*You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
*You may not issue a default notice related to the account.

I do not acknowledge ANY alleged debt to your company. I require you to supply the following documentation before I will communicate further on this matter.

1. You must supply me with a true and signed copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) - your obligation also extends to providing a statement of account. I enclose a 1.00 postal order in payment of the statutory fee, PO Serial Number

2. If this alleged debt has been sold to you (eg for a debt collection agency), please supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. Non-compliance with my request will result in a report being submitted to the relevant statutory authorities.

5. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

6. Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
I respectfully request a reply within 14 days of the Date of this letter.
Yours Sincerely






any advice anyone can give me... am I going down the correct path?
I just want to clear out my old crap so I can have my life back you know...

10past6

kolizion wrote: »

they are STILL on my credit report AFTER providing proof these things dont belong to me including a judgement!!)

Are there any CCJ's showing?

kolizion wrote: »

asking to recieve my signed contract?

No, you don't need to, reason being, you don't have a contract, if ones exists, it's not yours because you state you never signed one.

GeorgeUK

If there have been no payments towards the debt for 6 years (5 in Scotland) and you have not acknowledged the debt in writing, then the debt may be statute barred.

kolizion

pardon my lack of smarts on the subject...

well in good faith 2 of the cards I do believe might have been mine.... but I have no idea what was mine and what was my brothers anymore.

what is a CCJ?

I am also in the US ...

"If there have been no payments towards the debt for 6 years (5 in Scotland) and you have not acknowledged the debt in writing, then the debt may be statute barred."

does this mean I am stuck with the negativity left from this account?

while the original dept was written off in 2003 or 2004, there are collectors apperently who have the dept active and are reporting it as of current yet have made no attempt to contact.

so I am sending the letter to both the new Collection agent and the original source.

the depts are not HUGE depts... all I believe under 300.00 US, one being at 600.00 (all intrest from a 125.00 charge)

10past6

You need to seperate the accounts from those you believe are your's and those that are not.

Those that are not yours, you need to contact the credit reference agencies and inform them the information listed is incorrect.

The companies you believe you have had dealings with, you need to send them a CCA request.

As George states above, if the debt is over 6 years old, (5 in Scotland) since last contact, it becomes statue barred, meaning, it's not wiped off, but they need the courts approval to enforce the debt.

kolizion

CAPITAL ONE
BANK USA
Show Details 5178052376
10/2003 $0 08/2005 $0 CHARGE-OFF $0


CHASE
Show Details 1062491206
09/2006 $0 05/2007 $0 PAYS AS AGREED $0

CREDIT ONE B
ANK
Show Details 4447961127
04/2005 $578 07/2007 $578 CHARGE-OFF $500


HSBC BANK
Show Details 5268350177
02/2008 $0 03/2009 $0 CHARGE-OFF $0


LVNV FUNDING
LLC
Show Details 4447961127
07/2007 $636 03/2009 $636 COLLECTION ACCOUNT
$0




I have editied the account numbers
but this is all the negative stuff showing on the accounts.
I have one officially in collections..

I sent a message off to sprint as they have the incorrected address and all on that one... they are sending me a form to fill out and send back with a poilice report.

do I stand a chance on workign with the other accounts?

RAS

Hi

The Cap1 will fall off your record in October anyway. Do you need to clear it before then?

kolizion

naw, I just want to clean it up ...

naijapower

Sorry am slightly confused. Are you still based in USA or you are now in UK?

kolizion

I am still in the USA

GeorgeUK

Are these debts originating from the UK, or are they soley US debts?

The legislation quoted in the letters is for UK debts as is most of this site. Don't know of any US legislation, but it's bound to be on the internet somewhere.