kingair41

Cleaning up wifes credit.

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I'm new to this credit cleanup process.

I'm now in the process of pulling my wifes credit reports with the 3 CRA's and have a couple of questions at present.

She had applied for a credit card at a retailer recently and received a rejection notice in the mail. What was cited was to many delinquent accounts, account balance to limit to high.

Now I've known her for 14 years and lived with her for the last 10 of those years. While she was with her ex-husband, prior to the 14 years, they had some financial difficulties, meaning utilities where not paid. She has no credit cards presently nor previously did she have any credit cards in her name. But even if she did have a credit card that she defaulted on it was 14 + years ago that that would have happened.

If the charge offs are removed after 7 years, why would it still show up in the rejection letter that we received recently. Remember I've been with her past the 7 year limit and I know she has not been paying on any past accounts, nor have we received any dunning letters or such from any CA's or OC looking for her. Her ex on the other hand I don't know for sure if they have been after him.

It would make sense that after 7 years the delinquencies would have been history.

After 14 years of inactivity on her credit scores it should be like starting over.

Am I missing something?

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Her credit probably isn't that bad then. Does she have any established credit that she's been paying on at all? She might want to get a secured card if she doesn't to establish a history. I think you can probably get those negs whacked pretty easily of they're that old.

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Yep thanks, pulling them now and will review. Just seems odd even before I get the copies that the negatives are still there after all these years.

Thanks for your inputs.

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Remember, the CRA just records what is provided to them by the creditor. The creditor has a vested interest in leaving 'bad accounts' on the file. It is up to you, the consumer to monitor your own credit files. The creditors and CRA's have no interest in being proactive or accurate.

Once you challange all the old TL's - they will get removed. It won't take long if in fact those accounts are 14+ yrs old. You might have a complication with the ex and now is the time to find out exactly what is going on with her credit.

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O.K. I just got 2 of the three reports from on line.

The negatives reporting are from my accounts 2 years ago with her as an authorized user. Not co applicant. As I have a few accounts I had to let go due to unemployment and decided to hold on to my house instead of the credit cards. So they are my cards not hers. She never signed for anything regarding my application for credit.

I know with regards to debt collection, she, as an authorized user, is amune to collections, but they reported my defaulted credit cards as hers as well. Can that be accurate? Can they do that? I want to clean hers up to help in our financial future as mine is gone for the time being.

If I can dispute these what is my first step to correcting this? I read on here not to file disputes over the net. Do it in writing. I plan on doing it in writing. Do I need to send it CMRRR or is regular mail o.k.?

I appreciate any help with this. Just need to be pointed in the right direction.

Also I noted that one of the charge offs has been purchased by LVNV. Are'nt they a collection agency? And can they report the same account on the reports twice? Seems like a double negative to me.

Thanks for any help.

Edited by kingair41

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--First, call the creditors and have her removed as an authorized user.

--Then, dispute the authorized user accounts. This is fairly easy and they'll fall right off.

Note: it doesn't matter which order you do these first two steps; however, I would personally have her removed as an auth first...

--I think with a simple dispute of this nature you can open the dispute right over the phone. No need to write a letter and/or no need to waste approx. $6 on CMRRR. This is also faster for you as it cuts out the mail time and processing time...

The only real reason you would need to dispute CMRRR is if you think you're going to need to sue the CRA [i see no reason to do that here] or if you think they won't respond to your dispute [which isn't a problem if the person you speak with on the phone enters your dispute correctly].

I don't think you should ever dispute online.

--LVNV buys junk debts. In that sense, because they own the debt, they are a CA and an OC at the same time. The account can be reported on her credit files twice. However, the real OC should have updated the balance to $0 and noted the account has been charged off and sold.

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Thanks for your reply Bigwoodystyl.

If I contact the OC about removing my wife as an authorized user, would they even care as the account is either charged off, written off, or sold. Remember these accounts are closed, and because of this wouldn't they just wash their hands of the whole thing?

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If you're not man enough to pick up the phone and make a few calls, just have your wife do it. It's her credit. [besides, she is going to have to be the one to call the CRA.. unless you still intend to write and mail letters] I'll be honest, I don't understand your hesitation. It's not that hard. Probably take you 30 minutes for everything...

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It's not a question of being a man or not. You missed my point. If I call the credit card companies that don't have those accounts anymore what is the point to ask to remove her as an authorized user. Why would they care? It's not their account anymore. It's closed or sold.

If the accounts were still open and active I could see them removing her name.

I could spend all day on the phone if i need to but I was only asking the best way to proceed as I've never done this before.

I'm asking questions because I want to understand. To some it might be straight forward as to others first entering into this operation it is not. That's what this forum is about. Helping others.

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O.K. I just called Experian and Transunion. I had to send for Equifax by mail.

I was able to dispute the entries on behalf of my wife. I disputed that she was only an authorized user not a co-applicant or co-signer and not responsible financially for the account.

They told me that they have 30-45 days to investigate.

They had her down on a couple of the accounts as an idividual when she was only an authorized user. And also they showed the accounts were installment accounts when in fact they are credit card- revolving accounts.

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DH wrote EQ and TU to dispute his being listed as an authorized user on 3 of my defaulted accounts. These accounts do not appear on his EX report. He clearly stated that he was merely an authorized user and since the accounts were in default that the tradelines were damaging his credit scores... please delete the tradeline. TU and EQ came back as "verified" and the tradelines remain. Not sure, but figure we'll get some letters in the mail and dispute with the OC's reporting the information.

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I recently received a response from Trans Union regarding my inquiry into my wifes credit report. From Trans Union they removed 3 of the 5 negatives. She was only an authorized user not an abligor. I called Trans Union to redispute the two remaing marks. One from Citifinancial and the other from LVNV aka...JDB. I never heard from LVNV before this. They then recently contacted my wife by mail stating that they have been trying to contact her by phone in regards. The contact info is my business phone number. I sent a DV letter demanding that they show how my wife is responsible for this account. The two negatives left on her report for Trans Union are for the same account. Citifinancial sold it to LVNV. LVNV also shows it as a Factorying Company Account and as an open account. Meaning it is still an active account. Strange, Citi shows it as a charged off account. Meaning closed and ready for sale. I pointed this out to the Trans Union rep. He obviously did not know what Factorying is. On one hand he stated it as a Factorying account and the next breath he stated that is a collection agency account collecting on the debt. I do believe they call that an OXI-MORON. Collection companies buy charged off debts for pennies while true factorying companies buy active accounts for 80%-90% of face value and receive the payments as a creditor.

I asked to redispute the 2 negs and asked if I need a different reason. He said no. Redispute with the same reason.

I will contact the OC and LVNV to ask for proof that it is my wife's.

The Rep was from India as it was hard to understand him.

I was pleased to see the 3 deleted like that.

Now waiting for Experian and Equifax.

And there are credit repair companies that do this very same thing for thousands. What a deal.

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Called OC listed on the report to challenge their TL. The woman said that they don't have the documents anymore they were sold off, that would prove that it was her account. I asked her "if you don't have the documents to verify what is being reported how can you continue to report this adverse action on her report?"

"Verification of her Name and SS# is all we need to verify that it is that person according to our computer records".

They go by what was last reported. And that could go on for 7 years!

I fired off a letter to CitiFinancial to provide proof of the adverse reporting and that this account was hers at one time in writing for record purposes. DV letter if you will.

I asked her for their legal dept so that I may contact them directly.

Has anyone gone through this before?

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Called OC listed on the report to challenge their TL. The woman said that they don't have the documents anymore they were sold off, that would prove that it was her account. I asked her "if you don't have the documents to verify what is being reported how can you continue to report this adverse action on her report?"

"Verification of her Name and SS# is all we need to verify that it is that person according to our computer records".

They go by what was last reported. And that could go on for 7 years!

I fired off a letter to CitiFinancial to provide proof of the adverse reporting and that this account was hers at one time in writing for record purposes. DV letter if you will.

I asked her for their legal dept so that I may contact them directly.

Has anyone gone through this before?

  1. FWIW, just because the person who answers the phone says they don't have the records doesn't mean they don't have them... Some find that out the hard way.
  2. As long as you've already disputed it and DF already verified it to the CRA, IMO, you should next use 623 method.

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  1. As long as you've already disputed it and DF already verified it to the CRA, IMO, you should next use 623 method.

Already sent Request from consumer 623 method to reinvestigate. The issue at hand if they do have the documentation is it is mine not my wifes. Let them come up with something. OOPS!! This is your charged off account Mr Kingair not the MRS.

I did by the way ask them while on the phone to look up this account under my SS#. Notta either.

LVNV, on the other hand, the JDB who bought this account got a nice letter from me also but in a different tone. These cretans show it as a factoring company account, an individual account (was my credit card account) and an open account. Also shows it as collection status (a closed account). Can we say deception and misrepresenting a debt? Waiting to see what the other CRA's show from our disputes.

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Already sent Request from consumer 623 method to reinvestigate. The issue at hand if they do have the documentation is it is mine not my wifes. Let them come up with something. OOPS!! This is your charged off account Mr Kingair not the MRS.

I did by the way ask them while on the phone to look up this account under my SS#. Notta either.

LVNV, on the other hand, the JDB who bought this account got a nice letter from me also but in a different tone. These cretans show it as a factoring company account, an individual account (was my credit card account) and an open account. Also shows it as collection status (a closed account). Can we say deception and misrepresenting a debt? Waiting to see what the other CRA's show from our disputes.

I understand your issues. My point was: even if they tell you they do not have the documentation, they often do. In your case, if they would produce said documentation, it would be beneficial to you. In most people's cases, it wouldn't be. However, issuers have mistakenly sued people who were only authorized users and in some cases obtained judgment. [Johnson v. MBNA, 357 F.3d 426 (4th Cir. 2004).]

LVNV likely bought the debt. They can list it as an open account. To them, it is a receivable. They shouldn't show it as a factoring account, though, unless it hasn't been charged off by the issuer.

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Yes OC shows it as a charged of account in collections. That to me would indicate a closed account not an open one. And as such is not a factoring account...

Yes LVNV did buy the account. The OC provided me that info.

I never mentioned about a receivable because, yes it is a receivable to them. But how do you and LVNV classify it as an open account. Are not charged off accounts closed to any activity such as more charges on the account? That to me would be deceiving as anyone pulling a report would view this account as more recently defaulted than it actually is.

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My dispute with Equifax was up June the 3rd. I have not heard from them about their investigation. Am I obligated to wait til the 45th day? I understood it to be 30 days.

I have disputed directly with the OC, Citifinancial, and the company that bought the debt LVNV Funding. The nature of the dispute was that it is NOT my wifes account in which they are reporting to the CRA's. They still have not responded as of yet. 6-14-10 is their 30 day times up.

If no response what would my next move be? Send a last chance letter giving them another 5 days or else?

Can a consumer sue the CRA's for "willful" and "negligent " behavior or are the statues only for the AG of your state to sue?

I understand that I can file complaints with AG, FTC, BBB, but this is only scratching the surface as these complaints hardly prod the offenders in the right direction or am I wrong about that?

If I can sue the OC, Citifinancial for falsly reporting, as I was told on the phone that Citi sold the account and they have no info other than a name, address and social, how do I process the complaint with regard to who do I serve.

I read something about a registered agent. Not familiar with that.

LVNV, the buyer of this account was DV'd as well with no response yet. Can I file suit against them as well and who do I name as the defendant on the summons?

I have been successful in removing negs on Transunion and Experian, except these two Citi and LVNV. If these jerks had anything with her name on it they would have provided it already. Cut and dry.

I really want to force their hand in either put up or shut up.

In my letter to LVNV they report the account as a factoring account. I attacked that approach as well in my DV letter.

This a clear case of her name and mine being tied to the same account as they are my accounts not hers. Her name, social, notta is on the accounts.

Thanks for any help.

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Equafax came back and those straggler negs were deleted except the Citi and LVNV negs. These two have until this week to respond to my DV/ Dispute letters specifically asking for proof that these accounts are hers.

If I don't hear fom them by the 30 day limit, 6-17-10, can I at that point push an ITS letter out to them?

If they can't validate then they are "willfull" and "negligent" in the their reporting.

Has anybody got this far and what did they do to combat this?

Thanks in advance..

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