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Here's what happened: I went to a pay day loan place to take out a loan. When the lady input my information into her system, it showed that I already had a loan out, and she couldn't give me another. I told her that this was the first time I had been there. She dug a little deeper in the system and found that a woman in another part of the state had a loan out under MY social security number. She called the store where the lady got the loan and when they looked at her application, they found that her number was 1 digit off from mine, and that THEY had input it wrong. They "fixed" the error in their system, but the loan that is out is still under her name with MY number. They told me I could come back and take out a loan once SHE paid it off, so my number wouldn't be out in the system. My concern is that there is a loan out somewhere with MY social security number attached to it. If she doesn't pay it off, will it reflect on MY credit score? Can I sue for damages?
That's Colorado theft, and you need to get your credit report ASAP to make the claim. It doesn't matter that it's a typo - that is technically fraud on the people who gave her loan. Yes, it will affect your score if they can't loan you money due to already having one. You really need to get your report, and I bet you would have a case against the pay day loan place. That's their error that can ruin your credit!
You need to protect yourself. Go to your local police department and file a report of identity theft. Next, notify all three credit bureaus of what has happened and have your reports flagged for identity theft and have passwords put on them. If you apply for credit the credit bureaus will tell the company they have to contact you and get your password from you before they will issue and credit reports. Ask the loan company if they report these loans to the credit bureau. Tell them you want a letter in writing to be sent to the credit bureau and to yourself that the incidence was in error on their part and that they typed the loan in under the wrong social security number. Make sure you put these requests in writing and sent them via certified mail, return receipt requested. Give the loan company thirty days to comply and if they don't tell them you will hire a lawyer and they will have to pay all legal costs to get this situation straightened out. Good luck.
You need to go back to the loan place and get somekind of proof in writting that the number they pulled was off, then you need to ask for a number to someone you can speak to in fixing the error this is not your fault it is called clerical error on their part and they have to fix the mistake as for your credit call the major credit corporations and speak to someone and let them know what happened if you have that info you should be able to send them a copy of it to show them where the loan came from, to better protect your self red flag your social security number and let them know you want to be contacted everytime your number is used, the bad thing about clerical error is that it can take months for them to fix what they did but if you have proof it should make it eaiser to fix the problem in the meantime I would go to another loan place not affilated with that place of business, and let them know that you will be getting in contact with the better business bureau to let them know what is going on. Make sure you add with a smile to have a nice day....
You don't know yet if you've suffered damages, so you can't rightly sue for damages yet. You need to monitor the situation closely, and I think that given the fact that they are the cause of the problem, you should demand that they take care of any damages you incur, as well as any problems you encounter as a result of the mistake. Write them a letter to this effect, or have an attorney do it for you.
You're using a payday loan service and you're worried about your credit score? If you need to take money on loan at 400% interest, you've got more to worry about than your credit score. No, you cannot sue for damages because there has been no damage or the damage that has been done has been corrected.
You haven't suffered any damage, yet. Just as a precaution, you should get a letter from them explaining the situation. That way, if something does happen, you have your tracks covered.
Yes you can sue them.. i would have you claim money from federal goverment under the fair debt collection act.. look it up.. their intent to collected a debt if it went delq.. saying the bill is yours'?? i n a way,,becase their not letting you get a fair loan with then using your own information.