Identity Theft Debt for RMD

by Bob
(Mustang, OK)

TXU Energy, Dallas, TX is trying to collect a debt that is not mine (Identity Theft). I was contacted by a debt collection agency (Convergent Outsourcing, Seattle, WA) wanting payment for a utility bill of $1,123.24 for service from 7/2/2008-8/15/2008. I sent them the documents they requested, a copy of my ID theft police report and current utility company documentation to prove residency in OK where I have lived since 1972. Now the company (not their debt collection agency) has contacted me and wants copies of my driver's license, Social Security Card, lease/mortgage agreement, and utility bills from 10/29/2007-08/15/2008. Am I obligated to send such info and how far should I go in meeting their demands?

Thank you,

-Bob-

Comments for Identity Theft Debt for RMD

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Sep 04, 2012
Identity Theft Debt for RMD
by: DebtCollection Answers.com

Bob:

I would not provide all of that personal information to TXU. You are not obligated to give it to them. Instead, read the Federal Trade Commission's ID Theft Kit information, http://ftc.gov/bcp/edu/pubs/consumer/idtheft/idt04.pdf, and follow all of its directions, including completing an identity theft affidavit. You will find this form at the very end of the kit.

Send a completed affidavit to TXU together with a cover letting stating that the debt it wants you to pay is not yours and is the result of identity theft. Make a copy of the letter and your affidavit and send the originals via certified mail with a return receipt requested. If TXU continues to hassle you, I recommend that you schedule a free consultation with a consumer law attorney right away.

If the debt collection agency contacts you again, I would send it a completed affidavit and cover letter too, but in this case, your letter should also instruct the collection agency not to contact you about the debt again. The federal Fair Debt Collection Practices Act (FDCPA) entitles you to tell an outside collection agency (one hired by a company to collect a debt or a law firm in the business of collecting debts for its clients) not to contact you again and if the agency continues doing so it has violated federal law. Note: The law also says however that after receiving your cease contact letter, an agency can inform you that it won’t continue contacting you and it can get in touch again to tell you about an additional collection action it may intend to take – sue you for example. If your send your cease contact letter to the debt collection agency and it does not stop contacting you, schedule a free consultation with a consumer law attorney.

Hopefully, this information will help you resolve the issue with the utility debt. I would urge you to follow ALL of the instructions in the FTC ID Theft Kit however to make sure that your credit histories have not been damaged because of the theft of your identity and to clear up any problems in those histories.

Good luck!

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