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Ex-wife opens account without my knowledge

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Mikey
Valued Member

Ex-wife opens account without my knowledge

I am in the Navy and was stationed on a ship overseas on a 6-month deployment to the Middle East when a Bank of America CC was opened.  I was not divorced at the time but was separated 9 months prior to this account being opened.  I had a general Power Of Attorney drafted for my wife (at the time) to ensure she could pay bills while I was away.  Unfortunately, she abused the POA and opened this account (I suspect) using my income information (she does not work) to get approved.  It is showing up on my CR's as an individual account for me.  I've never had a card in my possession and only recently noticed it on my reports when I had to file BK.  I've called B of A asking to see the application and signature used.  I really didn't expect them to have the application on file after 5 years but thought I would ask.  Of course, they said they would and call me back in a couple days which they never did.  I drafted a certified letter with a memo from my ship enclosed showing the ship was overseas at the time.  I received the return receipt, proving they received my letter, but never received a results of their findings letter.  I've disputed with the CRA's and keep getting responses that the item is "verified and updated".  I eventually had to include this in my BK filing and to make matters worse, it has a past due of 60 days included in the remarks.  My ex and I are not on the best terms so I don't think she would do me the favor of accepting responsibility for this.  Is there anything I can do that I haven't already tried?
 
Thank you, Mike
Message 1 of 8
7 REPLIES 7
sl
Established Contributor

Re: Ex-wife opens account without my knowledge

I would continue to call BOA and request the actual application.  The only other thing you could do is file a fraud report on that, however, if it was her who opened the account and you gave her POA, I think your options are limited.
 
Message 2 of 8
Mikey
Valued Member

Re: Ex-wife opens account without my knowledge

Thanks SL...I think I'm going to have to chalk this up to experience when it comes to POA's.  Probably should have given her a "Specific" POA vice a "General" POA. 
 
Mike
Message 3 of 8
Anonymous
Not applicable

Re: Ex-wife opens account without my knowledge



Mikey wrote:
I am in the Navy and was stationed on a ship overseas on a 6-month deployment to the Middle East when a Bank of America CC was opened.  I was not divorced at the time but was separated 9 months prior to this account being opened.  I had a general Power Of Attorney drafted for my wife (at the time) to ensure she could pay bills while I was away.  Unfortunately, she abused the POA and opened this account (I suspect) using my income information (she does not work) to get approved.  It is showing up on my CR's as an individual account for me.  I've never had a card in my possession and only recently noticed it on my reports when I had to file BK.  I've called B of A asking to see the application and signature used.  I really didn't expect them to have the application on file after 5 years but thought I would ask.  Of course, they said they would and call me back in a couple days which they never did.  I drafted a certified letter with a memo from my ship enclosed showing the ship was overseas at the time.  I received the return receipt, proving they received my letter, but never received a results of their findings letter.  I've disputed with the CRA's and keep getting responses that the item is "verified and updated".  I eventually had to include this in my BK filing and to make matters worse, it has a past due of 60 days included in the remarks.  My ex and I are not on the best terms so I don't think she would do me the favor of accepting responsibility for this.  Is there anything I can do that I haven't already tried?
 
Thank you, Mike


Mikey, keep in mind that no signiture is required to apply online for a CC.
I have applied for several in my DH name. He finds out when I activate it & hand it to him.
Your X  might have put her name on this account as an AU.
 
This is just my opinion
I would mail CMRRR to BOA. In it I would state that you did not open the account and were out of the country at the time! I would not say 1 word about POA  they would never have asked her for it & have no idea what it is. I also would not bring up X-wife at all in the letter.
IF I were asked about wife or g/f   I would simply say * I was seperated approx. 9 months before I deployed! We did not live at same address.
 
It is up to them to prove that the account is yours to begin with. Do not offer any info.
Never talk to them on the phone. They will twist whatever you say to suit themselves.
 
I would also send to CRA  copy of the letter along with proof that you were OTC at the time the account was opened.  They might ignore it but who knows.
 
I would also demand that BOA send you  copy of your signiture (which they do not have)
 
Now I never sign any letter that I send to creditor. I type account #  Name, and address, I also do not include my SS#. 
Sorry but I do not trust them at all.
Message 4 of 8
Anonymous
Not applicable

Re: Ex-wife opens account without my knowledge

Happy Days,  great advice and I start the draft letter tomorrow.  I've sent them a CCRRR letter in January which was signed and returned to me.  So I know they received my letter but never sent me their investigation results.  I will try again and be firm keeping in mind they need to prove I opened the account. 
 
Thanks again, Mike
Message 5 of 8
Anonymous
Not applicable

Re: Ex-wife opens account without my knowledge



Mikey wrote:
I am in the Navy and was stationed on a ship overseas on a 6-month deployment to the Middle East when a Bank of America CC was opened.
...
It is showing up on my CR's as an individual account for me.  I've never had a card in my possession and only recently noticed it on my reports when I had to file BK.
...
I eventually had to include this in my BK filing


Have you merely filed or has it already been discharged?
 
BK7 or BK13?


Message Edited by Noah_Bodie on 08-03-2007 01:25 AM
Message 6 of 8
Anonymous
Not applicable

Re: Ex-wife opens account without my knowledge

Noah,
 
  I was discharged Chap 7 in Apr 2006.
 
Mike
Message 7 of 8
Anonymous
Not applicable

Re: Ex-wife opens account without my knowledge



MikeC wrote:
I was discharged Chap 7 in Apr 2006.


Since you BKed it, I don't believe there is anything you can do about it at this point. Any claim of fraud, however substantive, is likely going to fall on deaf ears with the OC.
 
You said it's reporting late and was IIB. Was it late when you filed?
Message 8 of 8
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