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by giardini 2459 days ago
yardie says> So, we're at an impasse and no one can tell us anything.*

This is not true. And the system works fine. But you'll have to do some work (write a few letters and maybe a bit more). Here's how:

0. Open a chronological paper file. Copies of all correspondence with dates clearly marked/stamped will go into this file. Put the file into a file cabinet: put a copy of every letter, note or form, including the creditors' initial complaint, into it in time order. Also put notes about any phone conversations into it. Put dates on everything.

1. Talk to your local police department and, with your son, file a report with them if possible. They'll view it as a waste of time but it helps by putting you on "the right side of the law." Do it just to have a police report on file locally.

2. Have your son write a letter to the creditor (not the credit bureau) explaining that your son is a minor, the debt is not his, he did not purchase the item and asking them to remove the invalid entry from his credit report. Add a page with your adult names and signatures explaining that he is your legal son. Send those two letters along with a copy of the chronological file to the the creditor, all via registered mail if you're paranoid.

3. Wait. They _will_ respond. Usually they'll cave at this point. Sometimes they'll call and ask that a police report be filed in _their_ jurisdiction (usually by phone) or some such. Do what they ask within reason. Make sure they (creditor, police) send you copies of everything. Follow up if they don't.

4. Wait. _They_ (the creditors, NOT you) should, after brief investigation, notify the credit bureau to remove the item from your son's credit report. If they don't do so within a few months, send follow-up second and third letters if necessary, reminding them.

5. If you get no response from the creditor after two months, copy the chronological file and send it via registered mail to the credit bureau adding a cover letter explaining that you have exhausted the legal means of redress with the creditors and they have refused to respond appropriately. Ask the credit bureau to investigate the creditor's item on your son's credit report.

This sounds like a lot of trouble but it really isn't and it would be a great lesson for you son, since it shows how most of the world works.

Correction involves loosely-coupled organizations and persons. Nothing in this happens at Internet speed. Each contact must have the situation explained from the beginning. It teaches a person how to order events in time, how to narrate a story consistently and how to be patient.

3 comments

It's obscene that this burden falls on these folks because someone else falsely used this kid's name. The police report should be filed against the collection agency and the credit bureau, for fraud.[0] We may not have debtor's prisons anymore, but we certainly have guilty-by-default for finance.

> it shows how most of the world works.

It certainly does, but not in the way you meant. :/

[0]I'm aware this is not legally possible; I mean "should" in a moral sense.

They didn't mention a collection agency, nor is one likely involved with this case yet. Collection agencies enter the picture usually long after an incident and much neglect by various parties.

Collection agencies are not evil. If you've ever been a landlord or had someone fail to pay a debt, a collection agency may be a godsend b/c they buy your debt (you get something at least; they get the paper debt, valid or not). Is that not a valid capitalistic risk-taking venture?

The credit bureau can't be charged with fraud: their data is from legitimate businesses (creditors); any fraud would apply to the creditor.

This system has and still works well. Most everyone reading this has made good use of our current credit system. We all understand how it works but are impatient with the slowness of the system. But it is a mistake to confuse slowness with malintent.

If the goal is to get it off the credit report then #2 needs to be addressed to the CRA, not the furnisher/creditor. Please see the safe harbor (for the CRA) language in the FCRA.
Debt will automatically fall off son's report after 7 years. They can ignore it without consequences. (assuming kid isn't getting a mortgage at 17 years old, haha)