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  • Report:  #265646

Complaint Review: Cingular Wireless - Clarksville Tennessee

Reported By:
- Clarksville, Tennessee,
Submitted:
Updated:

Cingular Wireless
www.wireless.att.com Clarksville, 37042 Tennessee, U.S.A.
Web:
N/A
Tell us has your experience with this business or person been good? What's this?
Cingular Wireless allowed my former husband to enter into a contract under my name. When my husband and I separated (he is nowhere to be found), I checked the mail to find a bill for $900 from Cingular in my name! I had never given him a Power of Attorney! I knew I didn't have an account with Cingular.

I contacted customer service, and the woman I spoke with tried to tell me that as my husband, he was allowed to sign my name to a contract. I stopped her in her tracks. We were a military couple, so thank God I knew that, married or not, no person has the right to sign another's name to a contract without Power of Attorney. She referred me to the Fraud Department and I submitted a complaint. They said they would look into it and get back to me with the results of their investigation. Needless to say I never heard from them again.

Meanwhile, I continued to recieve bills from Cingular eventually totalling to $1400. I asked them to send me a copy of the contract. I planned to take it to the legal department to show that it was obviously forged. They never sent me a copy of the contract. They did, however manage to refer my account to a collection agency AND verify the information to the Credit Bereau when I disputed the account.

I have no idea how to get this resolved! How do I prove that I did not originate this account? I cannot let them get away with this!

Tiffany

Clarksville, Tennessee

U.S.A.


8 Updates & Rebuttals

Robert

Buffalo,
New York,
U.S.A.
What's happening now?

#2Consumer Comment

Thu, June 12, 2008

It's been a while and I'm wondering what happened. ""I have since settled the account for $500, and had it deleted by at least one of the credit bereaus, but I still wish to persue this matter with Cingular."" I think you blew any chance of doing anything about this by paying it. Most jurisdictions will interpret your settling of the account as an admission that the debt was yours. Consult with an attorney. ""Is it too late to file a report with the police department?"" I don't think this would help you. Filing a police report AFTER you have made a settlement appears suspicious-gives the impression that it was your debt. Consult with an attorney. ""My issue with Cingular is that they allowed him to open this account. They knowingly participated in his fraudulent actions. Should I file suit against my ex-husband or continue to correspond with Cingular Wireless?"" What's to correspond with Cingular about? You claim you reached a settlement with them and paid $500-it's a done deal at this point. I would like to add something about this statement from your original ROR: ""I contacted customer service, and the woman I spoke with tried to tell me that as my husband, he was allowed to sign my name to a contract. I stopped her in her tracks. We were a military couple, so thank God I knew that, married or not, no person has the right to sign another's name to a contract without Power of Attorney. "" You are mistaken. Even WITH a POA, you cannot sign someone else's name-that's forgery. When you have a POA to act for someone else, you sign YOUR NAME, not their name. You sign your name and indicate that you have POA to sign on their behalf. Just something to keep in mind for the future. A POA does NOT authorize anyone to commit forgery.


Thardy07

Clarksville,
Tennessee,
U.S.A.
Is it too late

#3Author of original report

Mon, September 10, 2007

Thank you to everyone for your suggestions. Before reading them, I sent letters to Cingular, the collection agency, and the credit bereaus, but I did not send them certified mail. I have since settled the account for $500, and had it deleted by at least one of the credit bereaus, but I still wish to persue this matter with Cingular. I found out about this account when we separated in 2005. That is when I first spoke to Cingular Wireless. I did not file a fraud report then, except with Cingular's fraud department over the phone. I have no record of this. Is it too late to file a report with the police department? This is the account I am having the most trouble with, but he also wrote bad checks all over the city against a joint account. I had both the businessess and the bank to satisfy when he did that, but those issues were mostly resolved. My name was on the checks, so I didn't have much of a case. My issue with Cingular is that they allowed him to open this account. They knowingly participated in his fraudulent actions. Should I file suit against my ex-husband or continue to correspond with Cingular Wireless?


Robert

Buffalo,
New York,
U.S.A.
2 Things to do..

#4Consumer Suggestion

Sat, September 01, 2007

FIRST: File a criminal complaint with the police against your ex for FRAUD!!!! Many companies won't believe your story if your not willing to have him prosecuted. SECOND: Send a certified, return receipt requested letter to Cingular Wireless, as the other rebuttal suggested, stating this is not your debt and INCLUDE a copy of the police report for the criminal complaint you filed. You really need to file a criminal complaint. Many companies will doubt your story without it! Wouldn't you? Good Luck.


Amethyst

Fayetteville,
North Carolina,
U.S.A.
Some help I hope

#5UPDATE Employee

Sat, September 01, 2007

If there is no password on the account, you can verify the account by your last 4 of your SSN. Call Cingular, tell them the phone number on the account, if you don't have it, they can search by SSN and find your account. An experience Rep can tell you when, where and the store address who opened the account iwth the date. Then go to the store or call them and speak to the manager of the store. To open an account you need an ID card, without you beeing there personally the account can not be opened. The tricky part is, if your ex husband knew your SSN and then opened an account in your name via the Internet, there are alot of 3rd party companies who sell over the internet and open an account for you, like amazon.com, wirefly.com, inphonics.com, and lots more, then the only thing you can do is file a Identity Fraud with the police against your husband. If you have access to the account, change the address on the account so that you will get the bill from now on, block the phone as lost/stolen and put a passcode on so your husband can't call and take the block off. If you have access to the account you can also go to a cingular store, show your ID, give them your verification, and they can print out the last few bills for you so you get the address where the bills where sent to. This is important since you need to file a fraud report to the police. If you don't have access to the account, give the information to the police, they will get access to the account themselves and get the copy of the bills send to them and file charges against him. Unfortunately, nowadays you agree to a contract electronically by answering a few questions over the phone when you get the phone and that is legal, like SSN, zip code and such, you do not have to physically sign a contract. So the best bet is to get the police involved and file Identity Fraud against the person who opened the account, since they have been paying the bills, the address on the bill is a good one, you also have call details on the bills from the people he calls. Protect yourself, any account you have, even if it is your home phone, your electricity, anything what has to do with money, ADD a PASSWORD !! Too many people can get a hold of your SSN.


Gb

Los Gatos,
California,
U.S.A.
Resolve this with certified letters

#6Consumer Suggestion

Tue, August 21, 2007

Hi Tiffany, First, let me just say this really sucks. Rest assured that you do have recourse though. The following are some concrete steps you can take which will at least get you closer to resolution The very best way to defend yourself in this way it to assert your rights. You have specific rights under the Fair Credit Reporting Act, which you may wish to look up. Included in these rights is the ability to gain damages from companies who handle your credit in a fraudulent manner. This applies to the Credit Bureaus and to credit providers. It is very much possible to get things removed from your credit report when errors have been made. (Fraud would be considered an error :) Begin with sending a certified letter to Cingular/AT&T at the address in your bill. Indicate to them the facts of the case: You did not open the account, your ex did not have power of attorney to sign your name, you had no record of the account prior to xxx date. Upon getting this record, you attempted to resolve the issue over the phone to no avail. Indicate to them that they have preciptated this fraudulent action and that they must correct this aggreious condition within the next 30 days, including: Demand a fascimile copy of the document which demonstrates your personal signature on the account when it was opened. recinsion of any and all future collections activies; immediate closure of the account; removal of the account from all credit bureaus since it was fraudulently opened in your name; deleting any balance which is due with them that you will *only* deal with them in writing; That they do *not* have permission to call you under any circumstances; Ask them for the name and address for their process server upon whom legal documents can be served. Indicate that you will be CCing your letter to the following other agencies Give them 30 calendar days from the date of certified mailing to respond. Additionally, send a seperate certified letter to your local Public Utilities Commission. They likely oversee the business practices of the utility. Indicate the facts of the case, and that you want them to investigate this case. Copy them on all the letters discussed here. Send a seperate certified letter to your local State Attorney General, indicating once again the facts of the case, and that you would like them to investigate how it is possible for you to be responsible for an account which was fraudulently opened in your name. Copy them on all the letters discussed here. Send a seprate certified letter to the US Attorney's office in your local area; once again, indicate the facts of the case. Ask them if they are an appropriate agency to investigate this case as it likely involves interstate commerce and therefore becomes a federal rather than state issue. Copy them on all the letters discussed here. These concrete steps will A). tell them you are deadly serious. B). You should at least be able to get a copy of the document, C). Will get rid of the problem from your credit bureaus. Agencies have a federally mandated responsibility to report accurate information. If they fail to do this by either intent or accident, they can be held liable. You can also be very smart and write these letters yourself, then pay an attorney to review them and send them from their office. THIS will definately get noticed. As a general hint to the larger audience: Asking for the name and address of a companies process server tells the company that you are about to file suit against them. This is NOT a normal thing people ask for. I am not an attorney, nor may I act as one. You need to seek your own legal counsel on these matters. However, I've been through enough of this kind of crap (most recently with Verizon Wireless), that I am just sick to death of hearing it happen to others. Our best defence is to be armed to the teeth with information, facts, and our rights. Good Luck to you, GB


Gb

Los Gatos,
California,
U.S.A.
Resolve this with certified letters

#7Consumer Suggestion

Tue, August 21, 2007

Hi Tiffany, First, let me just say this really sucks. Rest assured that you do have recourse though. The following are some concrete steps you can take which will at least get you closer to resolution The very best way to defend yourself in this way it to assert your rights. You have specific rights under the Fair Credit Reporting Act, which you may wish to look up. Included in these rights is the ability to gain damages from companies who handle your credit in a fraudulent manner. This applies to the Credit Bureaus and to credit providers. It is very much possible to get things removed from your credit report when errors have been made. (Fraud would be considered an error :) Begin with sending a certified letter to Cingular/AT&T at the address in your bill. Indicate to them the facts of the case: You did not open the account, your ex did not have power of attorney to sign your name, you had no record of the account prior to xxx date. Upon getting this record, you attempted to resolve the issue over the phone to no avail. Indicate to them that they have preciptated this fraudulent action and that they must correct this aggreious condition within the next 30 days, including: Demand a fascimile copy of the document which demonstrates your personal signature on the account when it was opened. recinsion of any and all future collections activies; immediate closure of the account; removal of the account from all credit bureaus since it was fraudulently opened in your name; deleting any balance which is due with them that you will *only* deal with them in writing; That they do *not* have permission to call you under any circumstances; Ask them for the name and address for their process server upon whom legal documents can be served. Indicate that you will be CCing your letter to the following other agencies Give them 30 calendar days from the date of certified mailing to respond. Additionally, send a seperate certified letter to your local Public Utilities Commission. They likely oversee the business practices of the utility. Indicate the facts of the case, and that you want them to investigate this case. Copy them on all the letters discussed here. Send a seperate certified letter to your local State Attorney General, indicating once again the facts of the case, and that you would like them to investigate how it is possible for you to be responsible for an account which was fraudulently opened in your name. Copy them on all the letters discussed here. Send a seprate certified letter to the US Attorney's office in your local area; once again, indicate the facts of the case. Ask them if they are an appropriate agency to investigate this case as it likely involves interstate commerce and therefore becomes a federal rather than state issue. Copy them on all the letters discussed here. These concrete steps will A). tell them you are deadly serious. B). You should at least be able to get a copy of the document, C). Will get rid of the problem from your credit bureaus. Agencies have a federally mandated responsibility to report accurate information. If they fail to do this by either intent or accident, they can be held liable. You can also be very smart and write these letters yourself, then pay an attorney to review them and send them from their office. THIS will definately get noticed. As a general hint to the larger audience: Asking for the name and address of a companies process server tells the company that you are about to file suit against them. This is NOT a normal thing people ask for. I am not an attorney, nor may I act as one. You need to seek your own legal counsel on these matters. However, I've been through enough of this kind of crap (most recently with Verizon Wireless), that I am just sick to death of hearing it happen to others. Our best defence is to be armed to the teeth with information, facts, and our rights. Good Luck to you, GB


Gb

Los Gatos,
California,
U.S.A.
Resolve this with certified letters

#8Consumer Suggestion

Tue, August 21, 2007

Hi Tiffany, First, let me just say this really sucks. Rest assured that you do have recourse though. The following are some concrete steps you can take which will at least get you closer to resolution The very best way to defend yourself in this way it to assert your rights. You have specific rights under the Fair Credit Reporting Act, which you may wish to look up. Included in these rights is the ability to gain damages from companies who handle your credit in a fraudulent manner. This applies to the Credit Bureaus and to credit providers. It is very much possible to get things removed from your credit report when errors have been made. (Fraud would be considered an error :) Begin with sending a certified letter to Cingular/AT&T at the address in your bill. Indicate to them the facts of the case: You did not open the account, your ex did not have power of attorney to sign your name, you had no record of the account prior to xxx date. Upon getting this record, you attempted to resolve the issue over the phone to no avail. Indicate to them that they have preciptated this fraudulent action and that they must correct this aggreious condition within the next 30 days, including: Demand a fascimile copy of the document which demonstrates your personal signature on the account when it was opened. recinsion of any and all future collections activies; immediate closure of the account; removal of the account from all credit bureaus since it was fraudulently opened in your name; deleting any balance which is due with them that you will *only* deal with them in writing; That they do *not* have permission to call you under any circumstances; Ask them for the name and address for their process server upon whom legal documents can be served. Indicate that you will be CCing your letter to the following other agencies Give them 30 calendar days from the date of certified mailing to respond. Additionally, send a seperate certified letter to your local Public Utilities Commission. They likely oversee the business practices of the utility. Indicate the facts of the case, and that you want them to investigate this case. Copy them on all the letters discussed here. Send a seperate certified letter to your local State Attorney General, indicating once again the facts of the case, and that you would like them to investigate how it is possible for you to be responsible for an account which was fraudulently opened in your name. Copy them on all the letters discussed here. Send a seprate certified letter to the US Attorney's office in your local area; once again, indicate the facts of the case. Ask them if they are an appropriate agency to investigate this case as it likely involves interstate commerce and therefore becomes a federal rather than state issue. Copy them on all the letters discussed here. These concrete steps will A). tell them you are deadly serious. B). You should at least be able to get a copy of the document, C). Will get rid of the problem from your credit bureaus. Agencies have a federally mandated responsibility to report accurate information. If they fail to do this by either intent or accident, they can be held liable. You can also be very smart and write these letters yourself, then pay an attorney to review them and send them from their office. THIS will definately get noticed. As a general hint to the larger audience: Asking for the name and address of a companies process server tells the company that you are about to file suit against them. This is NOT a normal thing people ask for. I am not an attorney, nor may I act as one. You need to seek your own legal counsel on these matters. However, I've been through enough of this kind of crap (most recently with Verizon Wireless), that I am just sick to death of hearing it happen to others. Our best defence is to be armed to the teeth with information, facts, and our rights. Good Luck to you, GB


Gb

Los Gatos,
California,
U.S.A.
Resolve this with certified letters

#9Consumer Suggestion

Tue, August 21, 2007

Hi Tiffany, First, let me just say this really sucks. Rest assured that you do have recourse though. The following are some concrete steps you can take which will at least get you closer to resolution The very best way to defend yourself in this way it to assert your rights. You have specific rights under the Fair Credit Reporting Act, which you may wish to look up. Included in these rights is the ability to gain damages from companies who handle your credit in a fraudulent manner. This applies to the Credit Bureaus and to credit providers. It is very much possible to get things removed from your credit report when errors have been made. (Fraud would be considered an error :) Begin with sending a certified letter to Cingular/AT&T at the address in your bill. Indicate to them the facts of the case: You did not open the account, your ex did not have power of attorney to sign your name, you had no record of the account prior to xxx date. Upon getting this record, you attempted to resolve the issue over the phone to no avail. Indicate to them that they have preciptated this fraudulent action and that they must correct this aggreious condition within the next 30 days, including: Demand a fascimile copy of the document which demonstrates your personal signature on the account when it was opened. recinsion of any and all future collections activies; immediate closure of the account; removal of the account from all credit bureaus since it was fraudulently opened in your name; deleting any balance which is due with them that you will *only* deal with them in writing; That they do *not* have permission to call you under any circumstances; Ask them for the name and address for their process server upon whom legal documents can be served. Indicate that you will be CCing your letter to the following other agencies Give them 30 calendar days from the date of certified mailing to respond. Additionally, send a seperate certified letter to your local Public Utilities Commission. They likely oversee the business practices of the utility. Indicate the facts of the case, and that you want them to investigate this case. Copy them on all the letters discussed here. Send a seperate certified letter to your local State Attorney General, indicating once again the facts of the case, and that you would like them to investigate how it is possible for you to be responsible for an account which was fraudulently opened in your name. Copy them on all the letters discussed here. Send a seprate certified letter to the US Attorney's office in your local area; once again, indicate the facts of the case. Ask them if they are an appropriate agency to investigate this case as it likely involves interstate commerce and therefore becomes a federal rather than state issue. Copy them on all the letters discussed here. These concrete steps will A). tell them you are deadly serious. B). You should at least be able to get a copy of the document, C). Will get rid of the problem from your credit bureaus. Agencies have a federally mandated responsibility to report accurate information. If they fail to do this by either intent or accident, they can be held liable. You can also be very smart and write these letters yourself, then pay an attorney to review them and send them from their office. THIS will definately get noticed. As a general hint to the larger audience: Asking for the name and address of a companies process server tells the company that you are about to file suit against them. This is NOT a normal thing people ask for. I am not an attorney, nor may I act as one. You need to seek your own legal counsel on these matters. However, I've been through enough of this kind of crap (most recently with Verizon Wireless), that I am just sick to death of hearing it happen to others. Our best defence is to be armed to the teeth with information, facts, and our rights. Good Luck to you, GB

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