Wife went about it all wrong!!

[karlmich]

Some would ask, "Why I did not tell her about the process of Disputeing?" and I have to tell you, that she does not believe in all of this. Now she is a Believer. here is the picture::

She pulled her CR and found an item which she felt was incorrect. So she disputed this online with the CRA. first mistake!!!Anyway, she recieved a copy of a check which was dated in 2002 from the Credit card Company with her signature on the check for payment to the acct in question. WHat they are assuming is the acct. is hers becuase she made a payment on it, but the thing is, the account is mine! She was paying the bills that month and now have attached this acct to her too. There is a closed by acct holder charge off on this account except that it is not hers. They also sent another two documents to her. One of the forms is a "Affirmation of Fact-Fraudulent credit application" Why the heck did they send this? Should she sign it? I would say no. The other is worse yet" Affirmation of Acceptance of Liability" there is no way she is signing that one. Is this their way of her accepting responsibility for the acct.

The question is what should I send to them to remove the item from her CR. I think I need to request something like her application with her signature on it. I am sure they do not keep things like that, but what do you think I should do?

[Trish]

Ok......I had to read that twice to make sure I was understanding it right...

She paid an installment payment by check on YOUR CC acct and because of that they are saying it's hers?? That's crazy.

Do not have her fill out any fraud affidavits.......it is not fraud. Don't fill out any paperwork the CA sends.
I would tell her to send a DV letter to have them prove the acct was hers.......show a signature on a contract or application. She needs to point out that just because a payment has been made by her does NOT mean she is responsible for the acct.

Then dispute with the CRAs via certified mail (did she get back the online results yet? if not, wait for those)........she can dispute it as not hers because it's true. She can even state that it is her spouse's acct and she is not legally liable since she is not on the acct.

**Only thing I can think that may be a problem is in some states, I think that just being married makes you legally liable even if you are not on the acct.........to make sure just check your state laws.

[karlmich]

Yes you read it correctly. That is exactly what i thought. Thank you Trish. But what letter do you think I should send of the four of them for the best effect. and is it true since she got a free CR online that they now have 45 days to comply instead of the 30 days?

thanks
Karl

[Trish]

Well, for the CA, here is a link to some DV letters........you just need to make sure and modify it to fit your situation. You don't want it to look like the typical dv letter found on the internet.
Validation Letters

For the CRAs, just a very simple letter will work.

Dear CRA,
My name is Mrs. karlmich
My SS# is xxx-xx-xxxx
I am sending this letter certified mail # xxxx-xxxx-xxxx-xxxx-xxxx to make sure you receive it.

I have noticed an error on my report #xxxxxxx (if you have a CR #). This acct belongs to my spouse and should not be on my credit file. Please remove this inaccuracy.

Please send me an updated copy of my credit report once your investigation is complete.

Thank you,
Mrs. karlmich

Something along those lines.....
Best thing would be to hand write the letters to the CRA (or use purple or teal italic font) so that it doesn't go through their automated system and an actual person reads it.

DO NOT sign the letter to the CA. You definitely want to type that one. Certain shady CAs have been known to copy siggys........so never ever give them your signature.

And yes, when you use a free report, the CRAs can take up to 45 days to investigate. I really don't think that will be a big issue in this case.

p.s.......if you want to leave out the "spouse" part, you can.......unless it is already reporting on your CR. Then it really won't matter.

[karlmich]

thank you but the acct is not with a Collection agency(CA) it is with the original creditor. I understand the part about the CRA, but what should I send to the OC. thanks

[Trish]

Ok, that does make a difference.......thank you for clarifying.

Here is a letter that I snagged from another credit board that I used a while back. It will, at the very least, make a good paper trail if you have to push things further.

RE: Account #
CERTIFIED MAIL RETURN RECEIPT REQUESTED #

Dear creditor,

You are inaccurately and incompletely furnishing information regarding the above-referenced account to the CRA's in violation of the reporting requirements of the FCRA, Section 623, Responsibilities of Furnishers of Information, and for which you are responsible.

I dispute your information in its entirety and request evidentiary documentation that substantiates the information you have furnished and its reporting.

Should you not be able or willing to provide me with the substantiating documentation as verification to cure this violation, within the next xx days, please have the information deleted from each of the CRA's you initially furnished it to or, alternatively, do not respond to the next dispute that I initiate through the CRA's

*******(or instead of the last sentence above: I will have no recourse but to consider legal action as a resolution)

Nelson v Chase Manhattan, 2002 provides a cause of action for individuals against furnishers of information.

Sincerely

[karlmich]

WOW good letter!!! I like it!!! Now, According to FCRA I need to dispute with the CRA first and then Send to OC? is that right? or is it the other way around?

Now is this something you can do for all your creditors that are misreporting? all at once and then send to the OC's? thanks for your help

Karlmich

[Trish]

Yes, you are right. First dispute with the CRAs and then send the verification letter that I posted.

And yes again.......you can do this with any OC that is reporting incorrectly.

Glad I could help

p.s.......I saw your other thread. I will try to come back and post some info for you.