Identity Theft and Bank Accounts

**Miller1987** · 06-19-2011, 04:58 PM

I apologize for posting in the social thread as I cannot find a topic which suits this issue.

In 2007, while in college, I was notified by police that an individual had stolen my identity and I think they said he had been using it to legally work in the US and had been doing so since I approximately 10 years old.

My parents and myself checked a free yearly government credit report deal which looked fine - although I can't say we were looking at the right thing or even knew what we were looking at - my credit score had been unaffected though.

I just recently moved across country and upon applying for a bank membership - I was told that I was denied because I had multiple opened checking accounts which closed due to negligence at a bank in Missouri.

After calling the bank, I was told that there were two individuals listed with my social security. Myself and then the name of the individual who had stolen my identity - who, by the way, is a 40+ yr. old Mexican gentleman where as I was a 20 yr. old caucasian man. (I have a student loan federal perkins loan which runs through the bank.)

I've been in contact numerous times with their identity theft department trying to get these removed from my record - which I was apparently successful in doing. They were supposed to send me a letter of resolution stating all of this information and the corrections two months ago and the letter never arrived. I called them multiple times saying I haven't received this yet and a week ago I told them I needed another letter sent. I was told that it had to be mailed versus emailed as it was on official letter head. I'm currently awaiting this.

I don't understand how they let this individual open accounts under my social security and, let alone, not even in my name. This caused me numerous problems during my move - as I was unable to acquire a bank here - I had to have my mother western union over a grand to secure my apartment which resulted in about $130 of fees. I've had to go to the social security administration and wait there for an hour two times to get a document which proved I was me to send to the bank to have it removed. I received a report from Chex Systems saying the following changes were made to my account...and it didn't show anything different from before or say what was done. I imagine I still have to contact the 3 main reporting agencies individually to get this fixed. +

Do I have any sort of case against the bank for not reviewing this applicant before issuing him accounts? Am I at least owed the damages that I incurred? How do I go about seeking restitution?

Thanks for your time.

**Mr. Knowitall** · 06-21-2011, 07:57 AM

How do you expect people to know that a person, presenting a valid SSN and valid ID, is not in fact the person named (and perhaps photographed) on the ID? What are you claiming that they did that was negligent?

**LawResearcherMissy** · 06-21-2011, 08:07 AM

Do I have any sort of case against the bank for not reviewing this applicant before issuing him accounts?

No.

Your recourse is to try to have the person who has been using your SSN prosecuted for identity theft.

**Miller1987** · 06-22-2011, 07:13 PM

Yeah - it seems like negligence. Sure he could give them a forged card with my number and his name (his name was on my social for the accounts he opened) but should a SSN not be checked towards the name, location/address (accounts opened in Missouri where as I lived in VA) etc associated with that number? E.g., a ChexSystem report shows all of that information. Their verification process should not be constricted to looking at a social card and id with matching names.