There is the possibility that the company or companies who gave credit to someone else in your name will not believe you are the victim of identity theft, but rather, a low down dirty scumbag trying to get out of paying your debts. Therefore, don't expect them to apologize for getting you into this mess in the first place. And don't expect them to reimburse you for your time and expenses. There is no law requiring them to reimburse you for their negligence.
You should never communicate with these companies exclusively by telephone. Phoning does not protect your rights as there is no proof that the communication ever took place. Not sending certified letters could result in the following: The company turns the account over to a collection agency. You advise them that you told the original creditor you were a victim of identity theft, but the collector argues that there is no record of this, and, since you failed to notify them in a timely fashion, you are responsible for paying the debt.
If you don't send all communication by certified mail, the company can claim at any time that you did not notify them soon enough, or that you failed to notify them completely, and therefore, you forfeited your rights. To protect yourself, you must send EVERYTHING by certified mail, return receipt requested and insist that they respond to you in writing. (Many of them will respond by telephone because they don't want to put anything in writing so that they can deny it later on if necessary. Demand that they communicate with you in writing.)
Your first letter: After phoning them to report the account is fraudulent and demand that they close it, you shold follow up with a certified letter. This letter should officially notify them that the account was fraudulently opened by someone else using your name. Send copies of all proof of this, such as the police report you filed, the complaint you filed with the FTC, etc. Also, ask them to close the account and remove it from your credit files with the credit bureaus to whom they subscribe. REQUEST THAT THEY COMMUNICATE WITH YOU IN WRITING AND NOT BY TELEPHONE.
When you inform a company that you didn't open the account, they might respond with a request for you to send them a statement, perhaps notarized, wherein you officially claim you are the victim of identity theft and did not open the accounts nor use them to make purchases. The typical notary charges $20.00 to notarize a document. If the thief has opened 3, 4, or more acccounts in your name, you can see how expensive cleaning up the mess is going to be. Some victims have had to spend as much as $240.00 getting documents notarized. |