Identity Theft Filter: How do I convince debt collectors of my innocence concerning an outstanding debt in my name (that isn't mine)?
On Friday, I received a letter from a Boston-based attorney's office about an outstanding debt of over $5,000 on a Citibank credit card. The problem is that I don't have a Citibank credit card. The letter says that I must respond within 30 days to dispute the debt. If I don't contact them within that time, I would be, in a sense, accepting responsibility.
A bit of my financial history: I'm unemployed and live with my mother. I have a joint credit card with her (I'm the secondary name on it), and I don't really have any need or desire for it, so it's just for emergencies. I haven't charged anything.. probably in about a year, and we've never been a family that uses credit cards recklessly. I have never had any debts, and, in the rare case that something is charged, the balance is always paid off in full. No carried balances, no debt. Never. And that joint credit card is the only one I've ever had or applied for. Any credit card offers received in the mail are shredded to infinitismal bits. My credit report was clean as of May 11, 2007.
I haven't contacted the credit agencies yet (though I will in the next few days) because I already requested my free credit report this year. In May, I started receiving phone calls from a debt collection agency about a J.C. Penney credit card with an outstanding balance, and I assumed that my identity had been stolen. Many of the calls were recordings, which seemed a little fishy. Before I actually was able to speak to a real person at the debt collection agency, I ordered my credit reports and, luckily, they were correct and there was nothing remotely suspicious on them. When I finally was able to speak to a person at the agency, I found out that the person who held the account that was in debt had the same name as me (but with a different initial), as well as a different social security number, birth date, and mailing address. In short, it was determined that they just had the wrong telephone number for the woman, and I've never heard about this situation again. So, the only problem is that it's only been a few months since I've ordered my free credit reports. I thought I had read that if you suspect a theft, you can request a free copy (regardless of when you received your last copy), but I also read that getting your credit report via the website would be easy, too, so I'm guessing that neither are true.
Okay, so, I plan on checking my credit reports early next week, but I'll be contacting this law office (over the phone) before that. I have to follow up in writing, so I would get the credit reports before I send a letter. So, as I said, I don't have this credit card, and I've never had any sort of account with Citibank. I've also never received any correspondence (from Visa/Amex/MC, Citibank, or store, if this was issued by a store) indicating that there is an account in my name. I never received a card, bills, late payment notices, or any other correspondence. Why this sole correspondence now?
I have articles on what one is supposed to do at the sign of suspected identity theft, but before I do any of those things, I'm going to call the law office to dispute the debt. I am REALLY bad at phone communication and feel nauseous about the thought, so I want to plan exactly what I'm going to say in my defense and the questions I'm going to ask before I seek further action. There's a lot of information I'm going to demand - the full name the account is under, any full mailing addresses associated with the account, a social security number, the date the account was opened. What else should I ask that I haven't thought of? How do I dispute the debt? Based on what I've divulged here, is there anything I can say to prove that this is identity theft or mistaken identity? What should I emphasize to make a good case over the phone and, in subsequent written correspondence? Is there anything that I've said that I shouldn't mention.. that might even be detrimental to my case? I was told by a family member not to mention the J.C. Penney situation as it doesn't appear to be linked (or identity theft). Finally, how bad does this whole situation sound? Based on your past experiences or anything you know or have read, how difficult to rectify, and potentially damaging, does this sound? Do you have any advice??
Sorry for the length! I wanted to be complete, and I hope that I did provide all important information. I'm posting this now since I'll have to act quickish, but I won't be able to check responses until evenings. Also, if you should want to email me try my
Contactify, and, I'm in a right state, so any help/advice will be appreciated.
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posted by schroedinger at 7:24 AM on August 25, 2007 [1 favorite]