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I've read & read the post and I am still confused. Sorry. My problem: Columbia House. I got a call from Trident Asset telling me that I owed Columbia House $71 for not fufilling a contract in 2005. Well, I didn't initiate a contract with Columbia House in the first place. I told the individual that it was not my account . . . the conversation got ugly and here I am. It is on my credit report. I've disputed with the agency and it comes back as verified. I didn't buy anything from Columbia House. What do I do? Send a verification request to Trident or Columbia House? I considered going to their website and attempting to find the account. But I didn't want to sign in and they think I'm accepting ownership of the account. Help, please.
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You have a standard "account not mine" situation. Proving a negative is kinda tough, but the FCRA provides a process. The first step is to make the statement before a law enforcement agency, which gives it the additional evidentiary weight. That is done by filing of police report, which the FCRA recognizes as basis for what is called an "identity theft report." FCRA 603(q). The basis for calling this an "identity theft report" is the logical assertion that if you did not authorize the account, then it was most likely opened by another, and without your consent. You don't have to prove identity theft. All you must do under FCRA 603(q)(4)(A) is make the allegation. Armed with an identity theft report, the FCRA opens up several provisions for using it to address your credit report. You can place an extended fraud alert in your credit file (FCRA 605A), you can block inclusion of the potential identity theft information from your credit report (FCRA 605B), and/or you can use it as documentary support when filing a direct dispute. See 16 CFR 660.4(d)(3). Start with a police report. |
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