CA needs more info; cannot provide it

[sunset]

Hi all! I have a question for this forum. After recently finding out what I could do for DH's 2 accts which he believes is fraud, I sent the CRA's and the CA's the FTC Affidavit and police report.

We got a letter today stating TU 'verified' the information with one of the CA's reporting with them. I am mailing TU a letter, for the second time, in a couple days requesting blockage of the account. I am also requesting their MOV with this particular CA. TU received the first letter on Sept 29, which gives them four days to block, am I correct? Today is now 4 days past (to my understanding) of what the FCRA gives them to block the account. If I am incorrect, please elaborate. If I am correct, please advise on what to do about TU.

The 2nd CA wrote him stating they needed their affidavit filled out. They are requesting the exact information provided to them in the FTC affidavit and police report with one exception. They want proof of where DH resided at the time; utility bills, bank accounts, copy of drivers license, etc.

Now for the problem, DH does not have old his old DL. CDL (commercial drivers license) requires you to change you address within 7 days of moving and you are not givin back your old license. He was an OTR (over the road) driver and had no family to attend to at the time, no bank accts (funds were loaded onto ComCard), no address (he used a friend's address in GA as a home address for his DL). So, he has nothing to prove where he lived. His apartment was his truck, his account was his ComCard from his company, and no utilities needed. He told me he's not sending them their affidavit because, "The dummies should read the FTC and police reports and they will see it there." We got the letter today after he already left and he won't be home for another month, and the CA is giving us 21 days to fill out and send to them... DH won't be back in time to fill it out. What do we do now? I am thinking of sending them a letter explaining his situation along with more copies of the FTC and police reports and requesting they examine the documents more closely. Is this the right thing to do?

[momof5]

Remind the CA that this is a case of ID Theft, include the reports again and then remind them that it is their obligation to prove who the account belongs to not the other way around.

[sunset]

Thank you Momof5. I was trying to figure out how to prove you lived somewhere when there was no way of proving it, and was really wondering what to do about it. The only thing we can figure is while out on the road, someone got hold of his information. Explanation: Quite a few of shippers/receivers require a copy of your cdl, and in some instances, your ss#. I refused a load because of them wanting my ss# at a shipper in DE (Delaware). He did not ask the person before me for his ss#.....I told him someone down the line in his company could use my information against me. In short, I told him I get paid whether or not I take the load, and he has to explain to his superiors why the load didn't go out. Well, I didn't take it and got paid anyway because my DM (driver manager) understood and told me the shipper was not supposed to require that information. Oh, shipper didn't ask the driver after me for it either. So.... maybe that's what happened to DH...

Also, when we arrived in GA, we looked at our bank statement from PA and there was a charge on there from Utah and some other state. The bank pulled it and said someone used the cards at gas stations. They credited the account and have not heard anything more on that either. So how do people use your card at a gas station when it was in our possession? Dumbfounded.....

Anyhoo, I will take your advice and see what happens. Thanks!

[jasen]

You do not have to prove squat to them, nor send them anything else they ask for. You already sent the police report. If they fail to treat this as a crime, then they're just opening themselves up to the consequences.

[sunset]

That's what I thought. They have all the information required, I looked more closely at the letter, not only do they want a copy of his CDL, they want a copy of his SS card too. I'm not gonna do it. I'll just resend the information I already sent to them, after clearing with hubby first of course. They have all the info they need in all that paperwork.

[TTigggers]

Don't send anything else.

There is no reason for them to see a copy of his CDL and SS card.

They are on a fishing expedition to see what info they can get from you.

[sunset]

The letter they sent to DH states:

'Pursuant to our recent telephone conversation'........ first of all, he didn't call them at all. All communication was in writing through the post office, CMRRR.

They also state, 'If the signed affidavit is not completed and returned to XXX within the next 21 days, normal colelction procedures on the account will resume and the investigation will cease.' ..... well, they have DH's FTC affidavit as well as the police report, which he had to show proof of identity in order to file.

I haven't been able to get in touch with hubby in order to read 'his' reply letter to them, however, maybe you all could provide your 2 pennies.

Also, the beginning of their 'affidavit' states 'you must prove to each of the companies where the accounts were opened in your name that you didn't create the debt.' (bolded words are by me for emphasis)


XXXXX
XX
xxx WA xxx
RE: XXXXXXXX
USPS Article#:

To Whom It May Concern:

In a letter I received from your office, the very first sentence states ‘pursuant to our recent telephone conversation….’; I have never contacted you by phone, I have communicated with you through USPS only. You are also requesting that I fill out your affidavit. If you look closely within the FTC Affidavit as well as the police report I previously mailed your company, you will see the exact information you requested.

Since 2001 I have been an over the road driver. I had no family to attend to, which meant no need for an apartment, no utilities, I used a pay-as-you-go phone, and no need for a bank account (all my funds were loaded onto my company card). With that in mind, I cannot send you verification of my address at the time this account occurred. I do not believe it is my responsibility to prove this is not my account, as I cannot, since it is fraudulent. Also, sending you copies of my driver’s license and social security card (you already have my number, why do you want a copy of it anyway?) would be foolish on my part, as this is how ID Theft occurs. How do I know someone in your company won’t use it for their own use? It’s bad enough that I am sometimes required to give this information to shippers and receivers before I take the load or drop it off.

I am resending you the exact information you requested. It is located within the FTC Affidavit and police report.

XXX

Enclosures:
FTC Affidavit
Police report

[sunset]

Oh, another thought.... they are asking for things that require your signature on them (such as ss card, driver's license).... are they fishing for sigs? I don't trust that.

[jjgross]

The letter they sent to DH states:

'Pursuant to our recent telephone conversation'........ first of all, he didn't call them at all. All communication was in writing through the post office, CMRRR.

They also state, 'If the signed affidavit is not completed and returned to XXX within the next 21 days, normal colelction procedures on the account will resume and the investigation will cease.' ..... well, they have DH's FTC affidavit as well as the police report, which he had to show proof of identity in order to file.

I haven't been able to get in touch with hubby in order to read 'his' reply letter to them, however, maybe you all could provide your 2 pennies.

Also, the beginning of their 'affidavit' states 'you must prove to each of the companies where the accounts were opened in your name that you didn't create the debt.' (bolded words are by me for emphasis)


XXXXX
XX
xxx WA xxx
RE: XXXXXXXX
USPS Article#:

To Whom It May Concern:

In a letter I received from your office, the very first sentence states ‘pursuant to our recent telephone conversation….’; I have never contacted you by phone, I have communicated with you through USPS only. You are also requesting that I fill out your affidavit. If you look closely within the FTC Affidavit as well as the police report I previously mailed your company, you will see the exact information you requested.

Since 2001 I have been an over the road driver. I had no family to attend to, which meant no need for an apartment, no utilities, I used a pay-as-you-go phone, and no need for a bank account (all my funds were loaded onto my company card). With that in mind, I cannot send you verification of my address at the time this account occurred. I do not believe it is my responsibility to prove this is not my account, as I cannot, since it is fraudulent. Also, sending you copies of my driver’s license and social security card (you already have my number, why do you want a copy of it anyway?) would be foolish on my part, as this is how ID Theft occurs. How do I know someone in your company won’t use it for their own use? It’s bad enough that I am sometimes required to give this information to shippers and receivers before I take the load or drop it off.

I am resending you the exact information you requested. It is located within the FTC Affidavit and police report.

XXX

Enclosures:
FTC Affidavit
Police reportIf your an over the road driver your address would be your company address since your on the road and not able to set up a home address,your contacted through your dispatcher,that would be your phone,you have no gas and lights because the truck takes care of that.

[sunset]

Kewl. That's partly true, except for using the company's address (would CA's know this?) since the company won't allow that.

Yes, communication with dispatch is through the qualcomm, which is our main 'phone line'.

Fuel (not gas! oh no!!!) and lights aretruck powered. lol

or this:

Since 2001 I have been an over the road driver. I had no family to attend to, which meant no need for an apartment, no utilities, I used a pay-as-you-go phone, and no need for a bank account (all my funds were loaded onto my company card).

Since 2001 I have been an over the road driver. I had no family to attend to, my apartment was my truck, fuel was company provided, lights were truck powered, my phone was my qualcomm, and no need for a bank account as my funds were loaded onto my company card.

[jjgross]

Kewl. That's partly true, except for using the company's address (would CA's know this?) since the company won't allow that.

Yes, communication with dispatch is through the qualcomm, which is our main 'phone line'.

Fuel and lights..... (not gas!!! oh no!!) is truck powered. lolI know its like calling a ship a boat.Still costs a lot.There's some that would and theres some that would furnish a po box as part of or benefits.

[sunset]

You must be Schneider driver. lol

[jjgross]

You must be Schneider driver. lolNo i worked for wurlizer jukeboxes just fill and deliver all over until they were able to set up offices in the usa.Now it's all by rail and stakebed.So i retired

[sunset]

I know Schneider gives their guys 800 #'s and all that, so that's where I figured you might've worked. Almost got to chide you about working for the Pumpkin Fleet. lol

Rails is a tough job. I did pickups/deliveries at the rail yard. Glad I'm out of it.

[jjgross]

I know Schneider gives their guys 800 #'s and all that, so that's where I figured you might've worked. Almost got to chide you about working for the Pumpkin Fleet. lol

Rails is a tough job. I did pickups/deliveries at the rail yard. Glad I'm out of it.I had a friend that painted his orange in hopes of working for them after 7 years he made it.his sons started calling him pumpkin head.lol

[sunset]

Well, I got a 2nd form letter from the 2nd company we reported as theft (there were only 2). It's the same letter the 1st company sent us. They, the 2nd company, got the exact same information as the 1st. \Any opinions on the letter I'm planning on sending? I will be sending them out next week.

Neither of the CA's are showing up on TU or EX anymore.

And, one baddie we DV'd, (not timely; it just showed up on reports, no letter, no nothing) has been deleted as well. That's not to say they probably sold it already and we should look for another letter in the mail.

[jasen]

Personally, I still think you're telling them more than they deserve. My responses would be much less wordy.
They don't need to know your employment status, your financial status, or any personal information at all. You don't need to ask them why they're asking for what they are.
Now, the whole "as per our telephone conversation" thing is extremely common. It's a form letter they didn't bother editing to be accurate.

My responses are generally brief and terse:

"This is an official notice of identity theft for the account your firm is attempting to collect from me, #xxxxxx, original creditor xxxxxxx. This account is fraudulent. Attached is the police report and an FTC identity theft affidavit.
I expect this matter to be treated as required under law, and I will not hesitate to enforce my rights and to protect myself legally if required. I will treat further collection attempts or derogatory credit tradelines as willful noncompliance of the law and said actions will be reported to the proper authorities, and/or remedied in a civil court of law.

Sincerely,
Fraud Victim

Enclosures"


I've had to send a couple letters like this, both for me and my wife. The only response I've ever received is a letter letting me know they were closing the account and deleting the tradelines.
Obviously, results may vary.

[sunset]

Thank you. I like your letter much better and would like to use it. I also am planning on sending all correspondence to date between us and the CA's to the respective AG's of their state. Is this a wise thing to do or should I wait for the CA's response before I send the info their AG's?

[sunset]

Personally, I still think you're telling them more than they deserve. My responses would be much less wordy.
They don't need to know your employment status, your financial status, or any personal information at all. You don't need to ask them why they're asking for what they are.
Now, the whole "as per our telephone conversation" thing is extremely common. It's a form letter they didn't bother editing to be accurate.

I originally was thinking that if I added this in, DH would have more of a foothold when it comes to AG letters. And.... hopefully the AG would pay attention to the sentence where we're sometimes required to give the shippers/receivers copies of our CDL's and SS cards in order to pick up/drop off a load... and try and put a stop to it. It's a long shot, but worth a try. And, by asking them why they want copies of his SS#, CDL, and bank statements, maybe the AG will put a stop to that too as this is how ID theft starts. Who knows how many of their people will see that information? How do we know the people in the CA's don't have bills they won't pay, and will use your info to pay their personal bills? Then, when they pass it on to another company, how many people from other company will get their hands on it?

As for their form letter, maybe it's common, but it's a technicality issue.

[jasen]

If you send this to the AG as well, I would make a note about how this is the second time you've had to tell them that this is a fraudulent account. You shouldn't have to tell them more than once if a police report was provided.

[sunset]

I will be telling the AG about this being the second go-around telling these people...and the CA's won't listen.

In the letter to the CA's, I've taken out the part about being an OTR driver and have just left the other parts telling them they have the information already. The letters will go out this Friday.

I will wait for their reply, then I'll copy them and then send them to their respective AG's. Or, should I send their AG's all our correspondence up to date on Friday as well? I've never had to deal with this situation before and don't know what the right step is to take.

On the bright side, I am getting experience dealing with this stuff. lol.

[sunset]

Hi All! Hope all is well for you today. DH received a letter from fraud mgmt for a cell phone company requesting copies of utility bills, bank statements, or credit card statements from a couple years ago. We don't have that information, so I'm sending them a letter on DH's behalf (once he approves) that he doesn't have those records and is sending them the police report and FTC affidavit and they will have to do with that. (NOTE: he does not have those records anyway, he was OTR driver and didn't need the things they are asking records for). Oh, they also state in this letter that if he doesn't send the information they want, they may continue collection attempts.

I only keep bank records for 2 yrs before I shred them due to household space limitations.

How long are people supposed to keep their bank records for? Is it 7 yrs as with IRS paperwork?

[nascar]

if he doesn't send the information they want, they may continue collection attempts.

They can say whatever they want, but once you provide the ID theft aff, their game is over.

[sunset]

Hey, Nascar, the cell phone company provides a fax # to 'expedite the process'. Is it wise to fax the reply letter, FTC affidavit, and police report or should I just send cmrrr instead?

[nascar]

No reason to start trusting them now. Make sure you have proof that they received your notice.

[sunset]

Gotcha. Thx.

[sunset]

I have another question for you regarding the proof of where you lived, etc.:
On DH's 3 in 1 report, it shows the date, year, and address. If everything else on that page were blacked out, would that be enough proof for them?

They want records from bank, utilities, etc from say... 03/06 (Dh was otr and didn't need that stuff--no records)

CR shows address from 04/06 as XXX.XXX

Would that be considered proof?

[jasen]

They can pull a credit report themselves.
Regardless, you're under no burden to send them further proof of anything.

[sunset]

Good. Cuz there's nothing else I can send them. Thank you.

[sunset]

One of the CA's we sent the information to was signed for over a month ago. The other CA sent the info to the cell phone co. We sent the FTC affidavit and police report to the cell phone co and they signed for it last week. I can't find anywhere how long they have to investigate. Is it 30 days, 60 days, or indefinite?