AU and joint account questions

[Mrs_Fix_It]

Hello all! I apologize ahead of time if this runs a little long...

I've been lurking for about a month now, trying to get a handle on mine & DH's credit. It's not cute. At all. I went through a divorce in 2005 and his was finally final in 2007. Both of us got the ex-spouses that didn't hold up their end of the bargain. My credit is a little better than his as he and his ex had waaay more credit than I did. In the beginning, I ordered scores not realizing what I was doing. The were Plus Scores. This weekend I ordered both of our EQ and TU scores via MyFico and signed up for Score Watch.

DH: EQ-595; TU-487

Me: EQ-634; TU-595

Our goal is to purchase a house towards the end of next year. According to reports, most of DH's baddies will fall of by the end of June of 2013. I have a few that will, but not all. My EX-DH actually attempted to pay some of ours so the DOFD is much later. While paying off the debts and not just 'letting' them fall off is ideal, I also know that we cannot afford to pay the $50,000+ that DH owes. We have to pick our battles - and I'm still struggling with trying to come up with a game plan. I can say, however, that all of our current accounts have on time payments with no lates. We have 2 car payments, Orchard CC, and CreditOne CC.

Here are my current questions:

1. I was an AU on a few of my EX-DH's accounts. Most of them list as such on my reports. I've been reading a lot on this and I believe the best way is to dispute with the CRA? Is that correct?

2. Also, I was an AU on his JC Penney account but it shows as joint on my reports. He had the account before we ever met. How can I confirm? Or do I bother since it's set to fall off 04/13?

3. I'm confused by this record:

Status as of Oct, 2006

Date opened [?] Sep, 2006

Date closed [?] Oct, 2006

Loan type [?] Returned Check

Largest past balance [?] $4,105

Account Type [?] Open Account

Account holder [?] Joint Account

Industry Banks

I have no idea what this is. I mean, obviously it shows as a Returned Check on a Joint Account with my EX-DH. However, according to this, the account was opened almost a year after our divorce? This is a bank that exists only in Arkansas. But I was not even in the state. Literally, my divorce was final beginning of Oct 2005, I moved out of state 3 weeks later. Do I DV and then proceed after that? Or do I leave it until it falls off 08/13 being that it says Joint Account?

Thank you in advance for any and all advice you can give.

Edited to separate for punctuation and such that didn't post in the proper format originally!

[annielorie]

I know everyone has different ideas but this is what I did.  Callthe creditor directly on the authorized u account explain that you have divorced and want the tradeline removed immediately.  Ask them for a letter confirming that they will remove tradeline.  When you get said letter in mail make 4 copies and send it via fax to the four credit bureaus.  Be sur e to include your name address and file # of your credit report.  In the body of your letter request a new report be mailed to you after the corrections are made.  This report is free.

File this letter in a safe place and never lose it. Funny how stuff creeps up at mortgage time.

2. As for the account that claims you are a joint holder. Immediatlycall  let them know you never authorized them to pull your credit and/or list you in a joint cc account with now divorced husband.If they say we have  of signed agreement or signiture card ask that it be faxed or mailed to you.  If in fact they do not have either a signiture card or signed agreement by you tell them you want the tradeline removed from all credit reporting agencies. Same type of letter from them stating removal of account. 4 copies faxed tp 4 credit agencies request new credit reports. Dont you dare wait till 2013.  AU will be a breeze. thE SECOND one maybe alil harder but it will be off..Oh and that date that was past your divorce could that be the collection agencys date the account was given to them.    

Lastly you said on reports there is a mention of a returned check:  look up teletrac and request your report make sure its not being reported if so and it was his check that bounced and not on your bank accounts dispute item.  Teletrac only keeps negativeson for 5 years but if you have anything on file you will never get an AMEX they always check!!

I hope that helps...if you need anything clarified just pm me

[RobertEG]

Your status on any account is reported by the furnisher under the "ECOA code."  Those codes include sole responsibility, joint responsibility, co-signor, or AU, which is their legal reporting that you have NO legal responsibility.  That is their own evidence of reporting of your responsibility.

You can simply send a request to the CRA under FCRA 609(a)(1) and get a legal record of what they reported.  If they reported as AU, you are not responsible.

The supposed joint bank account would, in my opinion, be prime for asserting potential identity theft.  File a police report substantiating your allegation that the account was not authorized by you, and send a copy of the police report to the bank.  That will require them, under FCRA 609(e), to provide you their business records relating to that account.

You can dispute an AU status with the CRA, and many have had success with that route.  However, in my opinion, since both parties consented to the Au reporting, it is not actually an issue of inaccuracy in reporting.  By definition, an AU reporting is not on an account of yours, so such reporting is not really inaccurate. 

I would suggest first contacting the creditor and getting them to report deletion.  If that fails, then I might resort to an "account not mine" dispute.

[Mrs_Fix_It]

Thank you both for your responses. I'm wondering if there are any type of example letters to have a creditor remove me as AU and delete the TL? I searched but didn't find one. Or maybe I wasn't using the proper search terms. 

Thank you!

[Mrs_Fix_It]

Update on the $4,105 'returned check' account...

I called and spoke with someone at the bank - thankfully, it's only listed via there and no CA has been involved. This was the original joint account I had with my ex all those years ago. I thought it was closed but apparently not. She said it wasn't really a returned check. He had deposited a check (fraudulent, of course) and then promptly spent the money before the stop payment was issued. Thereby, the bank ate the $$.

She says they can clearly see that this is his doing and that I was not involved in any way but because it was a joint account, unfortunately I am held liable. She is emailing me a form that I can have notarized as to my identy and she'll send me copies of all the records they have. She also suggested I contact an attorney. 

While this will eventually fall off my CR, I do not want this to damage any future relationship I may want to have with that bank. We are hoping to move back to Arkansas later and it's one of the most common banks there.  Thoughts anyone?

[Mrs_Fix_It]

Thoughts anyone? A friend suggested I contact the State's Attorneys Office. But what can they do for me?

[annielorie]

More than likely hold your husband accountable (not sure on statue of limitations in criminal or fraud matters in your state) and file charges not sure if that would be considered grand larceny or fraud involving a written instrument.  But possibly if you find this on teletrac a letter from the AG stating something to the effect of not done by you might very well remove it.  Has the bank rep said that they were pursueing legal matters against you or divorced husband?

[annielorie]

Oh and to clarify on the AU thing yes contact original creditor but request letter and send to CRA's reason I had one last year.  BoA said it would be removed  didnt happen then when I called to ream them for keeping this on and not deleting they sent me letter to state they will contact CRA and remove. Thirty days latter still on Credit reports so... sent all CRA's letter off next day!!

[RobertEG]

Regardless of what teh creditor or law enforcement may choose to do, you can initiate identity theft proceedings on your own, and at get it excluded from your credit report based simply upon filing a police report and sending it to the CRA. 

FCRA 605B.

[annielorie]

Robert I here you but why go through the whole police report thing if a call will solve it .