Problem Solver
California,#2Consumer Suggestion
Tue, January 15, 2013
Did you prove your identity was stolen? If G & H was the 3rd company to get the debt you should have gone through this with the first 2. It was most likely your failure to prove identity theft why G & H kept proceeding as requested by their client.
Problem Solver
California,#3UPDATE Employee
Tue, January 15, 2013
The letter you received from Goldsmith & Hull is to notify you of a civil claim against you, in this case stemming from the fire. Goldsmith and Hull was most likely hired by the owners insurance company (State Farm) to recover the funds they had to pay due to the fire. You were named the responsible party most likely based on the rental agreement you signed with the owner when renting the house. Most rental agreements hold the tenant liable for any damage to the property regardless if it was an accident or a guest caused the loss. (Read your lease agreements before you sign them!)
Goldsmith and Hull did not violate any FDCPA laws, mainly because this is not a debt. It is a tort. What Goldsmith & Hull was doing is called "Subrogation". It is common among any insurance company and they will do so for any losses they pay that stem from someone elses negligence. (Auto, Home or Commercial) As for your property in the home that was burned, renters are advised to carry their own insurance to cover their personal property.
The law gives a 3 year statute (in California) to pursue the responsible party, at which time the only way to protect the statutes for the insurance company is to file a lawsuit against you. If you were not sued and 3 years from the date of the fire has past, consider yourself lucky.
I hope this helps.
Collectorman
Sun Valley,#4Consumer Suggestion
Fri, June 26, 2009
A huge percent of people who are contacted by debt collectors try to claim that their Identity was stolen, that's how the debt was incurred. PROBLEM, is that no one wants to prove it. It is NOT up to the collection agency to prove that YOUR identity was stolen, that is not their job. Now if the original creditor, First USA, acknowledged fraud and wrote it off, getting any subsequent collection firms/law offices off your back is as easy as 123. 1. Get a letter from First USA stating that they acknowledge the fraud, and have written the debt off as such. 2. Keep that letter, and fax it to any jerk trying to collect on the fraudulent account. 3. ... Wait, that's it. It's as easy as One, Two. I guess some people can't count so well... maybe that's why they dug themselves into debt?? Collectors are people too! 8]