Bank account opened(identity theft)

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Berencam

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I recently went to open a savings account and after filling out the information, the attendant told me i cannot open one due to a checking account that fell into collections back in 03. I then got ahold of the bank and told them it wasnt my account, to which they replied "well it has your social on the account so it must be your account." They went on to tell me that the past due account was sold to a collections agency and that they have nothing to do with the account anymore. So i then wrote a certified return receipt letter to the collections agency, requesting the original application for the checking account, any contracts, statements, signed documentation and canceled checks from payments made to the account(per the FDCPA, Section 809). I received no reply after the legal limit of 30 days where up. I then sent them a second letter stating they failed to provide the requested documentation within the time frame, therefore to cease collections on that account. I them waited 60 business days for them to remove me from their system and tried to open my savings account once more, to find the bank still has me in the system as owing on a past due checking account. I tried to supply them with my letters to no avail. What is my next course of action?
 
You need to deal with the bank rather than the collection agency. I know they try to put you off by saying they but you will need to attack them. You need to fill out a police report and the Federal ID theft affidavit. Then pay a personal visit to the bank manager.

If that won't do it, send them a certified letter that they are damaging your credit and you intend to file suit within ten days.

You also need to either flag or freeze your credit report.
 
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