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tyabeau2

OC Letter in response to DV, Unsure of how to proceed...

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I received a letter from the OC in response to my DV.  The letters states that the ownership of this account has been transferred.  I have sent a DV letter to the company they referred me to and they did not respond and they are not on my CR, BUT the OC is still on my CR as a charge off. 

 

The account is not mine.  It was my husbands, in his name only and beyond our states SOL.

 

I am unsure of the next step I take with the OC.  how do I proceed with the OC to get this account removed???

 

Any help will be appreciate.  Thanks In advance.

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They sold the account.  So you will probably be contacted in the next year by a collection agency for the company that bought it.  you would send them a DV when you get it.  The OC can report for up to 7 years, and will.  So that is going to be on your report.  The new person that bought it may report if the OC quits reporting, but they have to use the original charge off date, and can report for 7 years.  They cannot legally sue you for the debt if it is past the SOL.  If they do, you would file a counter claim against them for sueing on a time barred debt. 

When they contact you, you can request a DV, or just send a ceast and disist letter telling them this is a time barred debt, do not contact you again.  They will then sell it, and you will do the same thing all over again with the new CA.  Be absolutely sure it is out of the SOL before you do this.  Date of last payment plus one month starts the SOL ticking, if you are out 4 years i believe for texas (or is it 5?) then you should be good.

No way to get it off your Credit report until the 7 years is up.

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Texas's SOL is 4 years.  The account isn't in my name.  It is in my husband's name only and the charge off date is 2008. 

 

Thanks for your advice.  I haven't received anything from the other CA and it isn't on my CR so I will wait and see. 

 


 

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Texas's SOL is 4 years.  The account isn't in my name.  It is in my husband's name only and the charge off date is 2008. 

 

Thanks for your advice.  I haven't received anything from the other CA and it isn't on my CR so I will wait and see. 

 

If account is not in your name, why is it showing up on your credit report? what am i not understanding here? have you disputed with CRA's as not mine? what did the CRA's tell you?

 

 

 

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Oh did I misunderstand? It is your husbands account, but it show up on your personal credit report? I would dispute it with the credit reporting agencies in writing as not mine. There are other things you can do after that @admin would know

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It doesn't matter that TX is a community property state.  That has nothing to do with the FCRA.  If it's a not a joint account, the CRAs should remove it from the spouse's CR.

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It doesn't matter that TX is a community property state.  That has nothing to do with the FCRA.  If it's a not a joint account, the CRAs should remove it from the spouse's CR.

Exactly.  

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I have tried numerous times to get this TL removed and they keep "verify" it.  I just pulled my CR and now the collection agency LVNV Funding is now reporting on my CR.  I don't know what else to try.   

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@tyabeau2

 

Did you dispute the entries directly with the credit reporting agencies?

 

If these are not joint accounts, and you were merely an authorized user, the entries should be deleted. 

 

This is from Experian:

 

An authorized user is not responsible for the debt. However, authorized user accounts will be listed on an Experian credit report as long as the account is current and positive.

 

Please understand that the credit reporting companies report the history, but do not have the role to “take into account” what is reported. Such decisions are up to the users of the reports.

 

Most users rely on one or more scoring models to help evaluate the history. Credit score developers determine whether their scoring systems will include authorized user accounts in the calculation. Some credit scoring systems include authorized user accounts in the calculation and others do not.

 

If you are concerned about the impact on your credit history, you should contact the creditors and ask to be removed from the account.  Unlike being a joint account holder when you share responsibility for the debt, creditors will typically remove you as an authorized user upon request because you have no responsibility for payment. Experian also will remove the account from your credit report at your request or if you are no longer reported as an authorized user.

 

 

The above says that you have to contact the OC to have your name removed from the account as an authorized user.  I never had to do that.  I merely disputed directly with the CRAs on the accounts for which I was an authorized user, and the CRAs removed the entries.

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I have tried that as well thinking my husband put me down as an authorized user and I get the same letter from Credit One Bank stating they transferred the account to LVNV Funding. 

 

This card was closed when we found out all the fees associated with it only too late.  Husband spoke with them and they agreed to payment of what he owed and deleting the fees, but since he didn't get anything in writing, noticed later that they continued to ask for the fees plus interest.  Upon speaking with them back then they refuse to honor what was agreed.  He refuses to pay the card and as I said the last and final payment was in October, 2008. 

 

I have been reading up on the forums.  The only thing I haven't tried is the 623 method...whatever that is. 

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@tyabeau2

 

Try disputing directly with the credit reporting agencies.  Dispute as "authorized user".  If they don't remove the entries, and since you've already contacted the OC, I'd call a consumer attorney and get some legal opinions.

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@tyabeau2

 

BTW, it doesn't matter that the OC has sold the account.  They still have to conduct a reasonable investigation as to your claim that you were merely an authorized user.

 

The problem you may have is that you disputed first with the OC.  A dispute of an entry must first be made with the credit reporting agencies (CRAs).  If you didn't do that first, then you may not have a private right of action against the OC.

 

But, go ahead and dispute the OC's entry with the CRAs.  I'd send a letter.  Don't do it online.  Insist with each CRA that you are an authorized user, and respectully demand an investigation into the entries.

 

Did you dispute directly with LVNV?  If not, don't.  Dispute LVNV's entry FIRST with the CRAs.

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I'll try to dispute with the CRA's again.  Thank you all for your input.  I'll let you know outcome.

@tyabeau2 - if they don't remove, it's time to send the credit bureaus an intent to sue letter.  

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