More Baloney From Debt Collectors Trying to Collect on Identity Theft “Debts”.
June 29th, 2008
Robert F. Brennan, Esq. asked:
As many of you know, unfortunately debt collectors will try to collect upon fraudulent debts which only exist because of identity thefts. Sometimes they can be downright persistent. NEVER LISTEN TO ANY ADVICE THEY GIVE YOU-THEIR ADVICE IS ONLY SLANTED TOWARDS GETTING YOU TO MAKE A QUICK PAYMENT; IT IS NEVER SLANTED TOWARDS GIVING YOU PROPER AND CORRECT ADVICE AS TO YOUR RIGHTS AND YOUR REMEDIES.
Here is an email exchange of today’s date on this very topic, along with my response:
“Here’s my situation… In 2003 (I lived in NY at the time) my purse was stolen along with all my personal information. Shortly after that several lines of credit were opened in my name. I filed a police report with my local police department and took care of all the known fraudulent accounts.
“This year (2008) I was contacted with a debt collector that had aquired a debt that had been fraudulently obtained in my name. According to them, I am required to send them a notarized letter explaining that the debt is not mine, copies of documents that prove that I did not live at the address at the time the debt was incurred, and a police report.
“I told them that I would have to obtain a copy of the police report since it was filed 5 years ago and I was unable to find the copy that I had previously recieved. The debt collection agency insisted that I would be able to file a police report where I currently live (Ohio). I called the local police department several times and was each time informed that they could not file a police report for something that happened in New York. I even talked to a detective and explained the situation. He was unable to help me.
“So, about a month ago I requested a copy of the original police report from New York. I called a week ago to check on it because it still hadn’t arrived. They told me there was an 8 week turnaround.
“Tonight I got a call from the debt collector again. The woman was very rude to me and when I told her I was still waiting on a police report she told me that police report would no longer be valid and that I ought to go ahead and pay the debt. I told her it wasn’t my debt and I wasn’t going to pay it. She then hung up on me.
“So… is this true? The original police report I filed is no longer valid? If that’s the case what am I supposed to do? I’ve been told by multiple people by in the local police department that they can’t file one here.
[Answer by Bob Brennan:]
“The debt is complete b.s. and tell your subscriber that there is no need to pay. She can take her sweet time getting the police report because she has an absolute defense to any lawsuit brought against her. However, she should continue to do what she can to get the police report. Perhaps the credit bureaus or other former creditors may have retained copies. If she has to wait the eight weeks for the NYPD to get it to her, there’s no rush, really. The lady who told her that “a police report is no longer valid” was lying, as debt collectors have been known to do.
“If she cannot file a police report with a local agency in Ohio, she can always file an identity theft report with the Federal Trade Commission (www.ftc.gov), and she can also file one through the Federal Bureau of Investigation or the Office of the Comptroller of the Currency (”OCC”). Each would have the same force and effect as a police report.
“Does this answer the question? If I were that lady, I’d just start tape-recording the phone calls to put together for herself a fine case under the federal Fair Debt Collection Practices Act. If she wants a referral to an Ohio attorney, have her contact me.”
Bobby
As many of you know, unfortunately debt collectors will try to collect upon fraudulent debts which only exist because of identity thefts. Sometimes they can be downright persistent. NEVER LISTEN TO ANY ADVICE THEY GIVE YOU-THEIR ADVICE IS ONLY SLANTED TOWARDS GETTING YOU TO MAKE A QUICK PAYMENT; IT IS NEVER SLANTED TOWARDS GIVING YOU PROPER AND CORRECT ADVICE AS TO YOUR RIGHTS AND YOUR REMEDIES.
Here is an email exchange of today’s date on this very topic, along with my response:
“Here’s my situation… In 2003 (I lived in NY at the time) my purse was stolen along with all my personal information. Shortly after that several lines of credit were opened in my name. I filed a police report with my local police department and took care of all the known fraudulent accounts.
“This year (2008) I was contacted with a debt collector that had aquired a debt that had been fraudulently obtained in my name. According to them, I am required to send them a notarized letter explaining that the debt is not mine, copies of documents that prove that I did not live at the address at the time the debt was incurred, and a police report.
“I told them that I would have to obtain a copy of the police report since it was filed 5 years ago and I was unable to find the copy that I had previously recieved. The debt collection agency insisted that I would be able to file a police report where I currently live (Ohio). I called the local police department several times and was each time informed that they could not file a police report for something that happened in New York. I even talked to a detective and explained the situation. He was unable to help me.
“So, about a month ago I requested a copy of the original police report from New York. I called a week ago to check on it because it still hadn’t arrived. They told me there was an 8 week turnaround.
“Tonight I got a call from the debt collector again. The woman was very rude to me and when I told her I was still waiting on a police report she told me that police report would no longer be valid and that I ought to go ahead and pay the debt. I told her it wasn’t my debt and I wasn’t going to pay it. She then hung up on me.
“So… is this true? The original police report I filed is no longer valid? If that’s the case what am I supposed to do? I’ve been told by multiple people by in the local police department that they can’t file one here.
[Answer by Bob Brennan:]
“The debt is complete b.s. and tell your subscriber that there is no need to pay. She can take her sweet time getting the police report because she has an absolute defense to any lawsuit brought against her. However, she should continue to do what she can to get the police report. Perhaps the credit bureaus or other former creditors may have retained copies. If she has to wait the eight weeks for the NYPD to get it to her, there’s no rush, really. The lady who told her that “a police report is no longer valid” was lying, as debt collectors have been known to do.
“If she cannot file a police report with a local agency in Ohio, she can always file an identity theft report with the Federal Trade Commission (www.ftc.gov), and she can also file one through the Federal Bureau of Investigation or the Office of the Comptroller of the Currency (”OCC”). Each would have the same force and effect as a police report.
“Does this answer the question? If I were that lady, I’d just start tape-recording the phone calls to put together for herself a fine case under the federal Fair Debt Collection Practices Act. If she wants a referral to an Ohio attorney, have her contact me.”
Bobby