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o/t Credit Report help ASAP

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Old 10-14-2003, 05:53 PM
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I just called these collection morons and they are saying it's a joint account, completely false....they are just trying to get someone to pay and thats the bottom line. They said they were going to take me to court, etc etc, I guess trying to scare me, but anyways, I need this off my credit report and ASAP. I guess I'll call Discover now.
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Old 10-14-2003, 06:24 PM
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You are definitely not liable if you did not sign or give an app verbally. If this were the case I have three employees with authorized use on my business cards.
So I could buy a new cig deny to pay and they would have to buck up! Hmmmm sounds like a plan "NOT" It is funny how these companies treat people they just assume your dirt and guilty! You can also get to the bureaus on line and make a dispute and even see if the account exist as your responsibility.I check credit regular.
Good luck, Jim
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Old 10-14-2003, 06:40 PM
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Go to www.creditexpert.com and sign up for their credit manager service. There is a 30 day free trial and you can check your credit reports from all three aganciea and also file disputes online. It will take about a month to clear an item after you dispute it, adn after your report is cleared up you can cancel the service. The fee for credit manager is about $80 per year, but if you cancel, they credit you back a prorated portion of the fee so it doesn't end up costing you very much.
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Old 10-14-2003, 07:11 PM
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cool..I might try that...just use it for 30days then cancel. I'm currently writing a letter to the collection agency telling them to remove me from the account ASAP because I am not liable. I recently bought a new truck and it didn't show then, so this new collection agency must have just put it on my credit report. I'm like a newbie at this so when I called in they were just letting me have it left and right and it scared the heck out of me....talking about going to court, etc. I finally realized that all they are is a collection agency and they are going to do whatever it takes to get the $$. Don't get me wrong, I'd pay if it was mine, but I had no idea I was even on the account, so no way am I going to pay for anything. It sucks now that it's on my credit.....I was fixing to go to the bank for a loan to buy another house lot....oh well. Hopefully they'll have it removed soon. If this letter does not work...I wonder what the next step is...any ideas?
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Old 10-14-2003, 07:21 PM
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The reason it probably did not show up on your credit when you bought the truck is because they hit one of the other bureaus. That is why I said you have to send a letter to all three of them. They do not communicate between themselves. Write a letter of explanation for the mortgage company and show the documentation you have to support your dispute. The online dispute is a good idea as well. I have been in voice mail he!! and interplanetary hold before with the bureaus only to be disconnected by a rep. that did not want to deal with the issue. Good Luck!
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Old 10-14-2003, 09:53 PM
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Quote:
Originally posted by Iggy
Went through a similar situation with my daughter.
She put me and the wife on as being allowed to use her card. According to the credit card company that makes us liable for the balance if she can't pay. Just like a co-signer, even though we didn't sign the application.
The only way out is if your dad writes the card company a letter asking them to remove you from the account. If the account is behind in payment, delinquent, they probably won't remove you untill it's up to date. I which case your dad will have to state in the letter that he assumes all responsibilty for the account.

Good luck.
This is exactly right. As long as that account is delinquent your name is not gonna come off of it. If it goes into default then you're stuck with it for 7 long years. You could successfully be removed from it as long as you never signed a transaction. But if you did the debt is as much yours as it is your fathers. You may not have signed an ap but you signing a transaction states that you assume liability. It happened to me too and I brought the account current and was able to be removed at that time.

This was American Express though I think they all follow the same standard procedure.

I have some very long and detailed but good credit report repair information that I paid for. I had a problem when I attempted to finance a car. However after ordering my report I found that there was actually no negative info on it at all. (A sneaky trick by an unscrupulous car dealer.) If you would like this info e-mail me direct and I will be happy to e-mail it to you in Adobe pdf format for OSOers only.

Roby
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Old 10-14-2003, 10:11 PM
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http://www.ftc.gov/os/statutes/fcra.htm#611

You may want to read FCRA. Here is the dispute proceedure and what the credit reporting agency is allowed to do and not do.

Pleasse don't pay anyone for something that you can do for free, there are so many credit "fix" scams out there it makes me sick. I have been involved in this for almost 20 years and I have never had a problem resolving a problem for a customer. Sometimes it takes a few weeks or months but if the information is not accurate it isn't hard to fix.



§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(a) Reinvestigations of disputed information.

(1) Reinvestigation required.

(A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer.



(B) Extension of period to reinvestigate. Except as provided in subparagraph (C), the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.



(C) Limitations on extension of period to reinvestigate. Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified.
(2) Prompt notice of dispute to furnisher of information.

(A) In general. Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer in accordance with paragraph (1), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer.



(B) Provision of other information from consumer. The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer after the period referred to in subparagraph (A) and before the end of the period referred to in paragraph (1)(A).
(3) Determination that dispute is frivolous or irrelevant.

(A) In general. Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.



(B) Notice of determination. Upon making any determination in accordance with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency.



(C) Contents of notice. A notice under subparagraph (B) shall include


(i) the reasons for the determination under subparagraph (A); and


(ii) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.
(4) Consideration of consumer information. In conducting any reinvestigation under paragraph (1) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph (1)(A) with respect to such disputed information. (5) Treatment of inaccurate or unverifiable information.

(A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation.



(B) Requirements relating to reinsertion of previously deleted material.



(i) Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate.



(ii) Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.



(iii) Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion



(I) a statement that the disputed information has been reinserted;

(II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and



(III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information.


C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(i)).



D) Automated reinvestigation system. Any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall implement an automated system through which furnishers of information to that consumer reporting agency may report the results of a reinvestigation that finds incomplete or inaccurate information in a consumer's file to other such consumer reporting agencies.
(6) Notice of results of reinvestigation.

(A) In general. A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency.



(B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph (A)



(i) a statement that the reinvestigation is completed;



(ii) a consumer report that is based upon the consumer's file as that file is revised as a result of the reinvestigation;



(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;



(iv) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information; and



(v) a notice that the consumer has the right to request under subsection (d) that the consumer reporting agency furnish notifications under that subsection.
(7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description. (8) Expedited dispute resolution. If a dispute regarding an item of information in a consumer's file at a consumer reporting agency is resolved in accordance with paragraph (5)(A) by the deletion of the disputed information by not later than 3 business days after the date on which the agency receives notice of the dispute from the consumer in accordance with paragraph (1)(A), then the agency shall not be required to comply with paragraphs (2), (6), and (7) with respect to that dispute if the agency

(A) provides prompt notice of the deletion to the consumer by telephone;

(B) includes in that notice, or in a written notice that accompanies a confirmation and consumer report provided in accordance with subparagraph (C), a statement of the consumer's right to request under subsection (d) that the agency furnish notifications under that subsection; and



(C) provides written confirmation of the deletion and a copy of a consumer report on the consumer that is based on the consumer's file after the deletion, not later than 5 business days after making the deletion.

(b) Statement of dispute. If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute.

(c) Notification of consumer dispute in subsequent consumer reports. Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary thereof.

(d) Notification of deletion of disputed information. Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection (b) or (c) of this section to any person specifically designated by the consumer who has within two years prior thereto received a consumer report for employment purposes, or within six months prior thereto received a consumer report for any other purpose, which contained the deleted or disputed information.

§ 612. Charges for certain disclosures [15 U.S.C. § 1681j]

(a) Reasonable charges allowed for certain disclosures.
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Old 10-14-2003, 10:18 PM
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Look guys, the only way you are liable is if you signed, cosigned or guaranteed the loan or the credit card.

If you are an "authorized user" but not a "signer" you can not be held liable. Maybe you don't understand the difference between a signer and an authorized user.

Anything to the contrary is just incorrect information.
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Old 10-14-2003, 10:23 PM
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Lending Compliance

The Authorized User – Credit Card

An authorized user is commonly used on credit card loans. An authorized user isn’t a borrower. Instead, they are a person who is given permission to use another person’s line of credit.

For example, a mother with a credit card may ask your CU to issue her daughter a plastic card with the daughter’s name on it. That way, the daughter can use Mom’s line of credit and sign for transactions using her own signature. Authorized users are not responsible for repaying the debt. The account owner is.

Q & A

Q: Mom and Dad have a joint credit card account at ABC FCU. Their son, Michael, wants to use their card while at college to pay for books and other school supplies. Can Michael use their card even though he isn’t a borrower?

A: Yes. Mom and Dad can ask ABC FCU to put Michael on their account as an authorized user. As an authorized user, Michael can even have a credit card with his name embossed on it. Michael can use the card, but only his parents are liable for the charges.



Q: Since an authorized user is using someone’s credit line, does the authorized user have to be a credit union member?

A: No. An authorized user is not a borrower and therefore doesn’t have to be a credit union member. An authorized user is someone given permission to use another member’s line of credit. Only the account owner, who is responsible for repaying the debt, must be a credit union member.

IE Authorized users are not borrowers or account owners and are NOT liable for the debt.

Another explanation:

Authorized Users

Sometimes a credit card holder will want to give another person (often a spouse, partner, or child) access to the account. Some credit applications even have a space for requesting an additional card with the other person's name on it, or the card holder can call or write and request one.

A business may have a corporate credit card account, and may give some employees authorized user status, including individual cards, to be used for business expenses. There may be wording in the employees' contracts specifying liability to the company for excessive or improper charges.

While a co-applicant is equally responsible for paying all charges on the account, regardless of who made them, an authorized user is not legally or contractually responsible for any charges, including those that s/he made. The primary cardholder (the one who actually applied for the card) is considered to be fully liable for all charges on the account, including those made by any authorized users. Verbal agreements or instructions between the primary cardholder and the authorized user do not change this. There can be a big difference between a moral/personal obligation and a legal/contractual one.
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Old 10-14-2003, 10:29 PM
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Okay maybe I misunderstood him and assumed that his father gave him a card with his name on it. If he is just a authorized signer of the card in which has his father's name on it then he can't be held liable.

Roby
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