Re: Dispute with Capital One - removed authorized user but the person still uses the card[ Edited ]
11-10-2012 12:13 PM - edited 11-10-2012 12:15 PM
In my opinion, the mistake began with giving an authorized user a card to use on the account.
In doing so, you give him use of the account with no legal obligation for the incurred debt.
I think it is a very questionable legal defense to assert fraud on his part for using the authorization he was given.
The issue of whether calls to the creditor closed or did not close his access to the account is a matter that needs to be worked out between you and the creditor, and if unresolved, then possibly a judge.
The issue of his opening other accounts in your name is quite a different matter. He fraudulently used your identity to open accounts not authorized by you.
The FCRA gives specific and powerful remedy for such identity theft. You just need to assert, not prove, the reported information is related to potential identity theft.
First, simply file a police report, and then mail a copy to the CRA, along with proof of your identity, and they MUST, under FCRA 605B, exclude the asserted identity theft information from your credit report. Credit reporting impact of those accounts thus gone.
Second, send a copy of the police report to the OC, and request under the provisions of FCRA 609(e), all of their internal business records pertaining to those accounts.
A powerful mini-discovery right without need for any court order. Armed with that information, you can then mount a factual basis for their CR deletion as inaccurate reporting of information under your name. In the interim, the 605B block has already barred inclusion in your credit report, so ultimate deletion from your credit file is not so pressing.