CFC Martin Pelmore Dealing with Identity Theft

CFC Martin Pelmore Dealing with Identity Theft
Under the Fair Credit Reporting Act (FCRA), you have specific rights if you believe you are a victim of identity theft, which may help you recover from identity theft, as summarized here:
You may have nationwide consumer reporting agencies place “fraud alerts” in your file to inform creditors and others that you may be a victim of identity theft. A fraud alert is supposed to make it more difficult for anyone to get credit under your name, since creditors are supposed to follow additional procedures to protect you. Of course, the same protections may delay you in obtainng credit. Place a fraud alert by calling any one of the three nationwide consumer reporting agencies, which will notify the other two.
Equifax: 1-800-525-6285; http://www.equifax.com
Experian: 1-888-397-3742; http://www.experian.com
TransUnion: 1-800-680-7289; http://www.transunion.com

The initial fraud alert remains on your file for at least 90 days, while an extended alert remains for seven years. For either, you will be required to provide proof of identity, including your Social Security number. For an extended alert, you will need to provide an identity theft report, including a copy of a complait you have filed with a federal, state, or local law enforcement agency, as well as other information you may be required to submit.
2. You are entitled to free copies of your credit report, a copy of your file from each of the three nationwide CRAs, and, for an extended alert, one additional copy within a year of placing the alert. Your credit reports are to help you detect signs of fraud, such as new accounts you don’t recognize, or addresses where you’ve never lived. Of course, you are also entitled to a free copy of your credit report annually, and there are other reasons you may get free copies as well.
3. You are entitled to copies of documents relating to fraud on your accounts or using your personal information. Upon written request, businesses must provide copies of applications, receipts, and other records relating to fraud transactions, but you may be required to provide proof of your identity, police reports, or an affidavit. In some limited cases, businesses may refuse your request.
4. You are entitled to information from debt collectors. Debt collectors must provide certain information about debt incurred by fraud, including at least the creditor and the amount.
5. If data in your credit report results from fraud, you are entitled to have the CRA block that information. If you ask a CRA block such information, you must point out what needs to be blocked, provide proof of your identity, and copies identity theft (police) reports. If they refuse or remove a block, they must notify you. Once a debt resulting from fraud is blocked, nobody may sell, transfer, or place such debt for collection.
6. You can prevent businesses from reporting information to CRAs if you believe the information is a result of fraud. Simply send a written request to the address specified by the business reporting the information, but the business will expect you to identify what information you do not want reported and to provide police reports.

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CFC INC/ Martin Pelmore Preventing Identity Theft

CFC INC/ Martin Pelmore Preventing Identity Theft
“Identity theft” means that someone uses elements of your identity, such as your name, Social Security number, date of birth, or other identifying information, without authority, typically to commit fraud. A classic example is someone using your information to obtain credit or get a loan. For further information, take a look at http://www.ftc.gov/idtheft.
Don’t make it easy on “identity-thieves”. With the use of a little bit of common sense, months, even years of trouble can be averted.
Never pre-print your Social Security Number (SSN) on checks or any other pre-printed forms. It is too easy for “identity-thieves” to get that information, fraudulently obtain credit in your name, and severely damage your credit.
Also, if your driving license uses the SSN as the driving license number, in most states, you may request that the DMV use another number instead. Most states mandate this option.
And finally, if you find yourself being asked to provide your SSN by a private business, just refuse, or write “REFUSED” in the requesting form. If they persist, demand to see their written policy requiring an SSN. Most business will have none, and cannot legitimately require you provide it. They generally will back down if you persist. In the case of an employment application, just write “provided upon hire”. Stand up for your rights, and protect your privacy.

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Martin Pelmore Sample Letter Request Credit Report

Martin Pelmore Sample Letter Request Credit Report

YourName
123YourStreetAddress
Your City, ST 01234

BigCreditBureau
TheirStreetAddress
SomeCity,ST56789

1/12/2008

Dear Credit Bureau,
Please send me a copy of my credit report.
MyfullnameisYourName.
Mybirth-dateis01-01-1950.
MySocialSecuritynumberis123-45-6789.
My current address is 123 Your Street Address, Your City, ST 01234.
I formerly lived at 456 Old Street Address, Old City, ST 34567.
Enclosed, also please find a photocopy of my driving license, showing my current address, and a photocopy of my Social Security card.
Please send the credit report as soon as you can. Thank you.
Sincerely,
your signature
Your Name

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Martin Pelmore How To Obtain Your Free Credit Report

Martin Pelmore How To Obtain Your Free Credit Report
Follow the format in Sample Letter 1, and write to each of the three major credit reporting agencies, at the addresses posted on their web sites, or available from the 800 numbers below:

Equifax Information Service Center
+1.800.685.1111 or order online!
Trans Union Corporation
+1.800.888.4213 or order online!
Experian (formerly TRW) Complimentary Report
+1.888.397.3742 (+1.888.EXPERIAN) or order online!

Note: The credit bureaus change their addresses from time to time. Check their web sites or their 800 numbers for the most current addresses.

In your request letter, you should provide:

full name
birth-date
Social Security number
current address
former addresses in last 5 years
photocopy of driving license, showing current address
photocopy of Social Security card
If you fail to include any of these, you will receive a letter back from the credit reporting agency request that it be included. The credit bureau may request additional information anyway, and you should provide it as quickly as possible.

Within 10 to 30 days you should receive a copy of your credit report from each of the agencies.

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Martin Pelmore’s Way To Free Credit Reports

Martin Pelmore’s Way To Free Credit Reports

Under the Federal Fair Credit Reporting Act (FCRA), you are entitled to obtain a copy of your consumer credit report from any consumer credit reporting agency for a reasonable charge. The FCRA also states that you are entitled to receive a disclosure directly from the consumer credit reporting agency free of charge, if:

you certify in writing that you are unemployed and intend to apply for employment within 60 days, or
you are receiving public welfare assistance, or
you have reason to believe your consumer file contains inaccurate information due to fraud, or
you have been denied credit, insurance, or employment within the past 60 days

If you are a resident of Colorado, Maryland, Massachusetts, New Jersey, or Vermont, you may receive a free copy of your consumer credit report once each year, and if you are a resident of Georgia, twice each year.

Under the FCRA amendments passed in 2003, known as the Fair and Accurate Credit Transactions Act (FACTA), you have the right to obtain a free copy of your consumer credit report, once a year or more, from each of the national consumer credit reporting agencies, and each agency must establish a toll-free telephone number to receive the requests.

Importantly, you may also obtain a credit score and related information from each agency for a “fair and reasonable” fee. For a given credit score, related information includes the range of possible scores under the model used to produce the score, a list of the key factors (not to exceed four) that adversely affected the score, the date the score was established, and the name of the entity that provided the score.

Under FACTA, in addition to being entitled to a free annual credit report, and a free report if you’ve been denied credit, you now must be told when a creditor has offered credit on terms that are materially less favorable than those offered to most other consumers, and that notification must provide a statement that explains your right to obtain a free credit report from a credit-reporting agency and contact information for obtaining the report.

As you will receive an updated copy in response to your dispute, this is yet another way to obtain your credit report. Dispute a specific erroneous item with each of the three credit bureaus (as detailed later in this report), and after their investigation is complete, you will receive updated credit reports. To be effective, you must have specific knowledge of an erroneous item on your credit report, and it will take two months before you are likely to see the update.

Outside of these circumstances, you may obtain a copy of your credit report for a nominal fee (maximum by federal law is around $9). In some locations, you may even find local credit bureaus (almost always “affiliated” with one of the big national firms), who may sell you that same credit report over the counter, in person. Check your local yellow pages, under “Credit Reports” (no kidding!).

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Letter 5 Stop Credit Collectors

BigBadCreditCollector
TheirStreetAddress
SomeCity,ST56789

07/08/2011

Dear Collector,

I am writing in response to your letter dated July 8th, 2011 This is the first letter I’ve received from you on this matter.I do not believe that I owe what you say I owe, and I request that you please do the following:

1. tell me what this money that you say I owe is for
2. show me how you calculated what you say I owe
3. give me copies of any papers that show I agreed to pay what you say I owe
4. show me that you are licensed in my state, and give me your license number
5. stop contacting me about this or any other matter you have, except to provide me with proof that I owe what you say I owe

I demand that you also send a copy of this dispute to the company that you say I owe money to, so that they do not report this on my credit report.I further demand that if you have reported me to a credit reporting company, you tell them that I do not agree with this debt.

Sincerely,

your signature
Your Name

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Stop Abusive Debt Collectors

Stop Abusive Debt Collectors
Here is some information you might find helpful in dealing with collection situations, by using the Fair Debt Collection Practices Act (FDCPA).

Martin Pelmore said Collection agents and some collection attorneys must comply with the Fair Debt Collection Practices Act, 15 USC ยงยง 1692 et seq. (FDCPA). The FDCPA regulates the language that collection agents can use in collection letters. If you receive a collection letter, it is a good idea to check out the letter with an attorney who practices in this area of law.

Some of the letters sent by collection agents contain false or misleading information. Others attempt to confuse you as to your rights. If any collection letter you have received violates the law, you may be entitled to sue the collection agency for damages of up to $1,000, plus get back all of your attorneys fees.

Because this law allows attorneys to collect their legal fees from the violating collection agency, some attorneys will not charge you to take on a case. There are some law firms that practice in this area of law quite a bit, as well as Truth in Lending cases, Consumer Leasing Act cases, and other consumer law matters. You may try to locate some by using a lawyer referral service, or your state bar, if you have received any collection letters.

The FDCPA regulates collection actions in acquisition of location information, communication in connection with debt collection, harassment or abuse, false or misleading representations, unfair practices, validation of debts, multiple debts, legal actions by debt collectors, and furnishing certain deceptive forms.

For a good summary of these FDCPA violations, read this short report, 16 Illegal Creditor Actions.

If you find yourself the target of a debt collection action, make sure that the debt collector is staying within the law, or they may face civil liability. Recently, for example, collection agency Perimeter Credit settled charges of violating the Fair Debt Collection Practices Act (FDCPA) for a $300,000 civil penalty.

It requires only minor effort to stop a debt collector from harassing. Included in this kit, you will find a letter, Sample Letter 5, to use whenever you are contacted by a collection agency. Use the letter to dispute the debt, or any part of the debt, you are not sure you owe. It is the collection agency’s job to make sure they are collecting only the right amount. You should also send copies of this letter to the company for whom the collector is trying to collect. It is very important that you follow the mailing and record keeping instructions provided. If the collection agency violates the law, you will need the necessary documentation to prove it and make them pay. Even if you owe the money, you can still send a letter to tell the collector to stop calling or writing you.

Once the collector has your letter, they should suspend collections and not contact you for 30 days, during which time they should investigate the validity of the debt. Most collectors will not bother to investigate at all. If that collector contacts you after you have disputed a debt without having validated the debt, they most likely have violated the law. Contact your lawyer immediately, the collector could owe you $1,000.

Remember that nothing is foolproof, and you should be prepared to deal with the situations as they come up. Be creative, be flexible, and be persistent. You will be successful.

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