Preface: 2001 my husband's father died.in the phone calls started...
I answered the phone and it was someone claiming to collect for JC Penny. I said, you must have the wrong person, we don't have a credit card with JCP. The man gave me my husband's SSN, DOB, etc. I got his number to have my husband call him back.
After a couple of weeks and a tri-level credit report, we determined we were the victims of ID theft by my husband's father. He had obtained credit cards in 1983-1986 in my husband's name and SSN. They had the same initials and his dad would use "P" or "PD" instead of his first name so the info would match. He used and paid for these cards until his death. My husband was in college and Pharmacy school, and wasn't applying for credit, nor had he gotten a credit report.
Only in 1985, when the JCP account was created, my husband was 17.
You would think that would be enough. You can't hold a 17 year old responsible for a bill. No legal contracts with minors... Right?...
Not good enough for Arrow Financial I guess.
So, we followed the rules. Made reports with the FTC, Police Department, kept all records, reports, credit denials, communications, etc.
I sent Arrow a copy of my husband's driver's license with his DOB... Still not good enough.
Arrow sent our account to Rausch Strum Israel and Hornik, debt collection attorneys who got the same information. I didn't hear from them after I sent the fraud affidavit and a year went by. One day I got a letter. They sued in court and won a judgement. We were NEVER served and have yet to see proof of service, which was asked for.
I was livid.
I contacted the lawyer who personally filed against us. I sent her all the information and told her the following Monday I was filing against them if they didn't drop the judgement. I told her that it was fraud, plus my husband was 17 when the account was created!
The following Monday she called me back. Wanted to know who I had sent all our documents to, and that she was immediately dropping the judgement. I said, NOT GOOD ENOUGH!
I told her to mail me a letter stating responsiblity. I asked for the amount of the judgement be sent to us as restitution. She said she would get it to the proper people. That was March.
I spoke directly with Jonathan Joshua at Arrow Financial who said he would look into it and was "sympathetic" to our situation. He said he "agreed" with my arguement.
I called the RSIH lawyer back and she said she had to look into some stuff.
Like when I said my husband was a doctor. She said "I pulled his license and he is a Pharmacist". I said, "are you serious? My husband is Doctor of Pharmacy who did a residency at Baylor 10 years ago. He sees patients in a hospital for medication regulation and makes chemo therapy." She pretty much shut up.
At this time, they were doing everything possible to call me a liar or to find any holes in our situation.
I was sent to Paul Ziebert, Senior Corporate Counsel at Arrow Financial.
For some reason, they have no proof that I contacted them in 2004 and wanted to know what fax numbers I sent info to.
I have those number and the transmittals.
I said, "We can settle this now." I want 4000.00, a letter of apology stating you were responsible for the incorrect credit reporting for the last four years, and I want it in three business days.
He said he had to investigate their alleged "mishandling"...
I told him I was going to sue for defamation of credit, character, damages, serious FTC violations, mental and emotional distress, credit denials, and anything I could.
In April of they were still reporting negatively to the credit bureaus, which by the way in 2005 deleted Arrow Financial and JCP from our report after they conducted their own investigation. TU and Exp. Sent me the letters saying they deleted the information due to lack of substanciation. Arrow, just resubmitted and continued to report. The judgement was dropped in Tulsa County, OK in March.
So:
1. ID Theft
2.17 years old when account was created
3. Police and FTC reports, numerous letters and substanciating DOB documents
4. Numerous faxes and letters
5. Phone calls and phone calls
Will not get Arrow Financial to follow any rules...
What is more interesting, is I found several cases that Arrow lost and the plantiff was awarded 6 figures for their "mishandlings".
Looking forward to meeting Mr. Paul Ziebert in court! I have already beat their attorneys by getting the judgement immediately dropped, and I am not an attorney, I just know what is right and I never let up...
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