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Erroneous / Fraudulent Collection Account on my report.

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Anonymous
Not applicable

Erroneous / Fraudulent Collection Account on my report.

First time posting, so my apologies if I am asking a common question.  I searched but could not really find an answer elsewhere.
 
My problem: Last year, as I was trying to check on my credit, I found that there was a Capitol One credit card reporting on my credit.  The account was almost 8 years old, and I had never applied for that account.  I was an authorized user for a friend that needed me to help them while they were disabled.  She called and got a card issued in my name as an authorized user only.. one phone call and a card came a week later. I never filled out an app, never spoke to them on the phone, never signed or authorized anything.
 
I used that card to pay her bills online, to get groceries, pay for her medicine, etc.  Always on her behest, never for anything personal (I have my own money thank you. )   Anyway, her bill was always paid at the end of the month and although she had about a 3500 credit line, her balance was never over 300 at the end of the month.  I know, I also paid her bills, she would sign the checks.
 
Anyway, I moved away in 2001, at which time the card was paid to zero, I cut up the card with my name on it, and gave it to her when I left.
 
Fast forward to 2007.  My friend passed away sometime in 2006, which I didn't even find out about til I pulled all three credit reports in 2007.  For some reason I had 2 bad hits on my credit, which upset me since I have always tried to protect my credit.
 
The first item was an old phone bill, which I know I paid and I have NO idea how to get it off my credit.  Disputing it did nothing.
 
The second item, is the one in question:  Somehow, Capitol One was saying I had a credit card with a past due balance of over $7600 and the last activity was 03/2001.  This showed on all 3 reports.  I have no idea how they even got my SS# -- So I disputed this and all three reports removed it.  When my disputes were all completed (**bleep** phone bill didnt get dropped even though I have the canceled check) -- I discovered a NEW problem...
 
NOW there is a collection agency listed on all three reports, and it is the exact same capitol one account.  Same account number, same amount, same date of last activity, although it says updated 11/2007.
 
I disputed THAT, and asked for written proof, but cannot seem to get the CRAs to actually confirm the debt.  Because if they did try, they would discover that I have never ever signed anything, authorized anything, etc etc.. I have no clue how it even ended up on my reports in the first place.
 
My question is: (if you made it past my grand novel) --- How in the heck can I get these erroneous (if not fraudulent) entries off my credit report?  One report stated it would "fall-off" in March 2008, and another said June 2008.  I just checked my credit yet again, and it is still there, on all three reports.
 
All my accounts are always paid on time, never ever late, always paid more than due, and my total debts are under 70% of max available balance.  I only have the two mentioned here as negative references on my reports.  This "problem" is killing my credit score.
 
Any advice ?  Smiley Sad
 
Mars
Message 1 of 17
16 REPLIES 16
RobertEG
Legendary Contributor

Re: Erroneous / Fraudulent Collection Account on my report.

Wow!  A fascinating post!
The woes of an "AUTHORIZED USER," authorized in detail!
 
During the period that you remain as an AU, the full credit failures of the account holder will befall upon both you and she in your CR.  That is the pain of your piggyback.  But CR burdens are not legal burdens.  Being an AU is not being a joint account holder, responsible legally for the account.
 
An AU is not a joint account holder, and thus not bound by the contractural terms of the account.  IMHO, you are not legally responsible for collections, judgments, etc associated with the account.  They do not appear to have any legal standing to hold you responsible for debt on the account.
 
Since she is now deceased, that may compl.icate your actions to get out of the account as an AU, and thus burden you with her credit score, but I do not see any legal peril on you part.  I would tell the sniffing creditors to sniff elsewhere.
 
I would not concenterate on disputing with the CRAs.  I would concentrate on ditching this AU account.
 
 


Message Edited by RobertEG on 07-30-2008 12:59 AM
Message 2 of 17
Anonymous
Not applicable

Re: Erroneous / Fraudulent Collection Account on my report.

Actually, you did sign something ... if you USED the card, you acknowledged the AU account. You're not legally obligated to pay this debt, as Robert said, but you did accept the use of them (though I understand it was to support your friend during her time of need) and it's now showing on your CRs.

Bear in mind that according to most CC authorities (meaning, experts, not police, etc), if the card ended up included in a BK, that TOO will go on your CRs. When you accept AU status on another's account, you get the "good" and the "bad" with it.

I wouldn't know what it would take to get off an AU account that's not only closed, but also belongs to a deceased person. But I'd wonder why her estate didn't go towards the bill OR why Cap One wasn't notified of her death.

We just went through this with my FIL. He had several CCs (enormous CLs, too) and we had to send them all a copy of the death certificate, pay the bills off and close the accounts as executor. I'm fairly sure that if we HADN'T sent the death certificate in to the CCCs, they would still have charged fees and whatnot (as they refused to close it until they received it).

You may want to find out who the executor of her estate was and see if there was a misunderstanding.
Message 3 of 17
Anonymous
Not applicable

Re: Erroneous / Fraudulent Collection Account on my report.

I really appreciate the answers from both of you. Thank you.
 
While it seems unfortunate that being an AU would cause such troubles, I can see the points you both make.  I have no way of finding out who her executor was, but it doen't seem like that route is going to help me anytime soon.  One of the credit reporting companies has the account listed as "Joint with NAME" -- the other two show AU only.
 
The real problem is, once Capitol One was removed from all three (7 year+ account) -- the account showed up AGAIN  on all three CRs, this time in the form of a collection agency.
 
I guess the question(s) I am trying to ask is:
How long can the CA keep the account on my CR being that the original debt was 7 years old? Can they also keep it on my CR for 7 years? Or can they just keep selling the debt and relisting it on my CR?
 
My CR state that they will fall off between 3/2008 and 9/2008 .. so maybe a few more months of patience will see them gone.  My TU report still shows the one that was supposed to fall off in March, so I am wondering why it hasn't dropped yet. The 9/2008 is on my EX report which I haven't pulled again, I was going to wait til November.
 
Thanks again for your help and information, it is greatly appreciated.
 
Mars
Message 4 of 17
Anonymous
Not applicable

Re: Erroneous / Fraudulent Collection Account on my report.



@Anonymous wrote:
I really appreciate the answers from both of you. Thank you.
While it seems unfortunate that being an AU would cause such troubles, I can see the points you both make. I have no way of finding out who her executor was, but it doen't seem like that route is going to help me anytime soon. One of the credit reporting companies has the account listed as "Joint with NAME" -- the other two show AU only.
The real problem is, once Capitol One was removed from all three (7 year+ account) -- the account showed up AGAIN on all three CRs, this time in the form of a collection agency.
I guess the question(s) I am trying to ask is:
How long can the CA keep the account on my CR being that the original debt was 7 years old? Can they also keep it on my CR for 7 years? Or can they just keep selling the debt and relisting it on my CR?
My CR state that they will fall off between 3/2008 and 9/2008 .. so maybe a few more months of patience will see them gone. My TU report still shows the one that was supposed to fall off in March, so I am wondering why it hasn't dropped yet. The 9/2008 is on my EX report which I haven't pulled again, I was going to wait til November.
Thanks again for your help and information, it is greatly appreciated.
Mars





Nope, they CAN NOT do that. Once the debt, as per the original creditor's DOFD, has passed the CRTP, they can't put it back on, no matter how many CAs' hands it passes through.

DV them. DV them NOW. They will have to "prove" the date of final delinquency. And once they've done that, you got'em on illegally re-aging the account.

Though more than likely, you'll see them fall off entirely. CAs are not exactly known for their intelligence much less their integrity.
Message 5 of 17
wahmom
Frequent Contributor

Re: Erroneous / Fraudulent Collection Account on my report.

With Experian I believe you can dispute as "Belongs to Primary Account Holder" or Obsolete or too old to be on file. On TU you can dispute as "Too old to be in file, please remove" or "I am not liable for this account". You might get somewhere with that. But yes you are correct, it still shouldn't be showing on your report and should have fallen off by now.

I wish you the best!
Message 6 of 17
Anonymous
Not applicable

Re: Erroneous / Fraudulent Collection Account on my report.

I have no idea how to DV them, I am pretty much a noob to credit report repair.
 
Since I pulled my Equifax report yesterday, I discovered the CA was still on there. I did the online dispute thing, which I understand will take up to 30 days.  I put in my notes to them that I would like proof of the debt, but I'll have to wait with that to see what happens.
 
Is there anything I should look for on my CR that would indicate final deliquency? At least what the CA is listing it as?
Message 7 of 17
Anonymous
Not applicable

Re: Erroneous / Fraudulent Collection Account on my report.

I disputed with EQ, but I'll wait til that is resolved to see what happens.
 
But, does anyone have any advice on how to "DV" the credit reports?  I need to purchase all three again (I guess) to see if they have fallen off the others, but since all 3 show estimated removal as different dates, and the last one being September, I was going to wait until Oct or Nov to check again.
 
In the meantime, do I need to do anything with the collection agency perhaps, to have them remove the reports directly?
 
Any further information greatly appreciated.
 
Thanks!
Message 8 of 17
wahmom
Frequent Contributor

Re: Erroneous / Fraudulent Collection Account on my report.

Send this to the collection agency.

This is a DV letter:

Make all the necessary adjustements!


CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.

All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:

• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State

Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.

If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name



Don’t sign just type your name!
Message 9 of 17
Anonymous
Not applicable

Re: Erroneous / Fraudulent Collection Account on my report.

Wow, very nice.  Thank you!
 
I'll see how my EQ dispute fairs and if it is not successful, I will have this letter ready to go out to them.  I assume I need to send the letter to them certified mail, should I also use receipt requested?
 
Also, where it says "Certified Mail #:_______" in your post, I wouldn't be able to place that in the letter (since I don't know what that number is when I get to the post office) -- should I leave a blank underline, and fill that out by hand before placing it in the envelope?
 
Thanks again!
 
You should do this for a living, lol.
 
Mars
Message 10 of 17
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