Desperate for advice on charge off

[Anonymous]

Good morning fellow posters, I am in some desperate need of advice with a situation;

My mother opened a credit card with Kohl's/Capital One in 2007 and added me as an AU on the card w/her to help build my credit. I had just turned 18 when she did it.

Unfortunately my parents filed bankruptcy in 2011. Once the bankruptcy was discharged Kohl's switched me from AU to primary account owner. I wasn't aware of this until last year and I disputed it endlessly through Equifax. After about a year of multiple letters/emails/phone calls to Kohl's and Capital One and Equifax, and dispute after dispute after dispute, Equifax sent me a letter saying after their investigation they are removing the debt from my credit report. I was beyond relieved.

This month I was ready to purchase my first home and when my credit report was pulled for Experian and Transunion, Kohl's is still on there. I have disputed the debt with them and Kohl's is reporting back that it is still my debt, but only to those two credit agencies. I have called Kohl's many times and I have gotten two different stories, I have the dates and names of who I spoke with each time. They said:

1. They verified that I was AU but their policy is to move the AU to primary when someone files bankruptcy.

2. My name was never AU, it was originally added as 'joint user'

I asked them to provide me with documentation showing where I signed for the card and they told me they cannot because they don't have anything. I am exhausted with this debt that does not belong to me and have tried everything I can think of. This is the only thing negatively effecting my credit on Transunion and Experian, and without having it removed I cannot purchase a home. It is reporting as a charge off, and will stay on there until 2016.

What do you recommend I do next? I really appreciate all of your thoughts on this one.

[fishbjc]

I would be tallking to the attorney who did this bankruptcy to find out what's up?  An AU is NOT responsible for any charges.  You never filed as joint or primary. 

It seems as though Kohls/Cap 1 is trying to collect on something that was included in a bankruptcy...is that what you are saying?  They just transferred the balance owed over to you as primary?  That's a load of crap. 

[guiness56]

This is directly from Kohls:

Joint Account Owners and Authorized Users

A joint account owner is legally responsible for the balance on the account. Although the joint account owner is able to make changes to the account, he/she cannot change the primary owner of the account. An authorized user can make purchases on the account, but is not legally responsible for the balance. The authorized user is unable to make any changes to or inquiries about the account.

Seems they don't know their own policy.   They cannot change you from AU to joint or primary.  It is not legal.  I agree, find an attorney or send them an ITS indicating if they don't remove you they will be sued.