topic Re: Kohls in Credit Cards

Kohls

IOBA — Sun, 27 Sep 2009 01:38:43 GMT

It’s time to help my brother with his credit.

We found this – a Kohls/Chase credit card. He did not apply for the card. He most certainly did not use it. We strongly suspect who did. Proving her and the fraud would be tough.

Do we contact Kohls/Chase and try to get the card number?
Do we contact Kohls/Chase and give them the CORRECT address?
Do we contact Kohls/Chase and ask them to cancel the card?
Do we contact Kohls/Chase and ask them to delete the tradeline? It currently has one 30 day late (June 2007), credit limit $500, high balance $118. Last reported July 2009, current balance (then) as zero. Shows as an open account.
Do we contact Kohls and ask for a copy of the credit card application?

He currently only has one active credit card that HE applied for, knows about, and uses.

Thank you, in advance, for your responses. There will be several postings withquestions. Each post relates to a different aspect/issue of the credit report. I promise!

Message Edited by IOBA on 09-26-2009 06:38 PM

Re: Kohls

Anonymous — Sun, 27 Sep 2009 01:47:19 GMT

If he wants the card, get the address changed, report the card as lost and get a new card with a new number. That should do it.

That said, if someone was app'ing credit in my name I would have them arrested for identity theft.

Has that account ever been used?

Re: Kohls

DI — Sun, 27 Sep 2009 01:53:31 GMT

From reading this post and the other post you posted, it seems like someone he knows applied for credit in his name.

Re: Kohls

Anonymous — Sun, 27 Sep 2009 01:56:30 GMT

And that is illegal.

If not handled correctly (now that he has become aware of the situation) there could be serious consequences.

Re: Kohls

DI — Sun, 27 Sep 2009 02:01:05 GMT

I wouldn't go through the process of trying to prove someone comitted fraud. . The good thing is it didn't ruin his credit. He need to safeguard his private documents to avoid potential problems in the future.

Re: Kohls

Anonymous — Sun, 27 Sep 2009 02:05:45 GMT

Someone is running around with a name, SSN and DOB, opening accounts and has generated a late. If someone did this to me I would at the very minimum file a police report so my backside was covered in case a large problem happened in the future. The foe has the keys to the kingdom - there is nothing stopping them from doing it again!

Re: Kohls

IOBA — Sun, 27 Sep 2009 02:39:13 GMT

1. We are pretty confident that the person who has done this is his "x". Even his marriage was considered fraud by the courts and was annulled.

2. It would be very tough, even with the original applications in hand, to prove that she was the one who committed identity theft.

3. She does have his ssn# and his dob. She has even forged his signature and had it falsely notarized (she did both - the forgery and the notification under a false identity). Her repeated acts of fraud and identity theft have been to court many times. She gets a slap on the wrist, maybe a weekend in jail, and that's it.

The idea of calling in the card as lost or stolen is a great idea!

Re: Kohls

Anonymous — Sun, 27 Sep 2009 03:38:41 GMT

This needs to go to court again. I would take the matter up with both a state and federal proscecutor.

Re: Kohls

haulingthescoreup — Sun, 27 Sep 2009 12:50:19 GMT

IOBA, I know it's unpleasant, and it does look like the courts aren't taking this seriously, but your brother needs to file a police report on this to protect himself in the future.

Obviously, she's very likely to keep doing this. His only defense and protection will be to have filed a complaint now. Otherwise, lenders will say that he knew she was doing this and tolerated it, and they most certainly will keep coming after him in the future. He might have to freeze his credit or something, although if he's trying to rebuild, that will be a PITA for him during the app process.

I don't know that I would keep the Kohl's card. That might make future defenses shaky, in that he kept the account for himself.

Also, if he wants to GW that late, he'll probably have to prove (copy of police report, etc.) that it wasn't his late. Just saying "my ex did it" is right up there with "the dog ate my homework" when it comes to unverifiable explanations.

Good luck to both of you!

Re: Kohls

smallfry — Sun, 27 Sep 2009 13:38:37 GMT

What a mess. I would freeze your reports and unlock them only when you app. Don't keep the Kohl's card. My guess is the x has the kids so this is very sticky. File police reports.

Re: Kohls

GregB — Sun, 27 Sep 2009 14:45:11 GMT

I have been in a similar situation with my soon-to-be-ex. The rest of this is directed at your brother so when I say "you", I mean your brother.

I would contact Kohl's and explain that this account was opened without your knowledge or permission. You might want to also ask for copies of all statements. It doesn't sound like this account is hurting your credit so it might be most important to make sure she can't use it further. Report the card as stolen and have them send a new one to the correct address. Keeping the card could help your credit if you only have one other CC. Most CC companies will let you put an actual password on an account that they will require instead of the normal "last 4 digits of your SSN" or "mother's maiden name". If you can show that you weren't involved, Kohl's will probably remove one late for you.

Laws vary tremendously by state. It is typical to assume that anything one spouse does is done with the knowledge and permission of the other spouse from a legal standpoint. If the marriage was annuled, this might change this tremendously.

I didn't see any reference to kids except in one post. If there are kids, that would make this very interesting - and not in a good way.

Re: Kohls

IOBA — Sun, 27 Sep 2009 20:12:17 GMT

The marriage was annulled years ago. They have been doing battle over custody ever since. He actually was awarded legal custody after he retired from the military. He still has to pay child support (it's SOOO messed up) even though she makes more than he does and he has custody! He's *still* in court over that and has been for years.

Back to the issue - open accounts, not his. The open accounts happened years after his annullment.

He goes into debt every month. (This has been to poor daily choices.) Having the open account/card and a card in his possession would be a very bad thing! So, as sad as this is, I think he needs to close it for good. I think he should file a police report. I don't think the police will do anything about it though. Where's the proof of identity theft? But he can at least make them write the report, regardless of whether they do anything with it or not.

Re: Kohls

Anonymous — Sun, 27 Sep 2009 20:42:15 GMT

@IOBA wrote:
The marriage was annulled years ago. They have been doing battle over custody ever since. He actually was awarded legal custody after he retired from the military. He still has to pay child support (it's SOOO messed up) even though she makes more than he does and he has custody! He's *still* in court over that and has been for years.

Back to the issue - open accounts, not his. The open accounts happened years after his annullment.

He goes into debt every month. (This has been to poor daily choices.) Having the open account/card and a card in his possession would be a very bad thing! So, as sad as this is, I think he needs to close it for good. I think he should file a police report. I don't think the police will do anything about it though. Where's the proof of identity theft? But he can at least make them write the report, regardless of whether they do anything with it or not.

It's called identity theft. It is a serious problem. That's why he needs to go sit directly with the prosecutor.

Re: Kohls

haulingthescoreup — Sun, 27 Sep 2009 22:20:43 GMT

IOBA wrote:

...I think he should file a police report. I don't think the police will do anything about it though. Where's the proof of identity theft? But he can at least make them write the report, regardless of whether they do anything with it or not.

Quite possibly true. But right now, his priority should be protecting his credit. So whether the police act or not, he needs to file a report (or reports, from the other thread), so that he has documented that someone else has been using his credit info. This is crucial for his self-protection in the future.

Punishment would be nice too, I agree, but first things first.

Re: Kohls

Anonymous — Sun, 27 Sep 2009 23:11:13 GMT

@IOBA wrote:

He goes into debt every month. (This has been to poor daily choices.) Having the open account/card and a card in his possession would be a very bad thing! So, as sad as this is, I think he needs to close it for good. I think he should file a police report. I don't think the police will do anything about it though. Where's the proof of identity theft? But he can at least make them write the report, regardless of whether they do anything with it or not.

this sounds HARSH but:

YOU NEED TO STOP HELPING HIM AND STOP HELPING HIM NOW.

if you do not think your brother, in his fifties and retired, can control his spending or control himself with a Kohls Card in his name, he needs to get help for those problems before you expend energy trying to help him with his others.

he needs a reality check, if not an intervention if it is as bad as you state

He needs better attorneys working for him, if that involves firing his current ones. heck I would consider a malpractice copmplaint against his attorneys.

AND I HAVE NO IDEA WHAT STATE THIS WAS DONE WHERE AN ANNULMENT GAVE SPOuSAL SUPPORT/RETIREMENT GARNISHMENT.

There is more to this picture then you know or are aware of.

Message Edited by usmc58555 on 09-27-2009 04:11 PM

Re: Kohls

IOBA — Mon, 28 Sep 2009 00:13:20 GMT

I agree he needs to help himself.

I agree he needs to make better choices.

I agree that she NEVER should have gotten awarded any of his retirement. (I have researched the Sailor's protection act, etc. Legally, a judge can award it. I don't think he should have in this case.)

He asked me to pull his credit reports. I did. I am not doing anything further, except gathering information from here, until he's ready to sit down and talk about it.

It really is his battle. I have tried to help him in the past. His had not made any changes. >sigh<

Re: Kohls

GregB — Mon, 28 Sep 2009 02:35:41 GMT

Something is confused here.

Child Support is calculated on income, deductions, percentage of time with the child, etc. Marriage is not relevant to that since you can have a child and not have ever been married. If he has the child more than half the time and makes less than the "ex", she would most likely be paying him. That ends at 18 years old or so.

I don't know how you could have an annulment and spousal support and/or an award of retirement. An annulment would mean the marriage never was a marriage. Is it possible they are divorced instead of that the marriage was annulled? Some bizarre state laws here?

Re: Kohls

Anonymous — Mon, 28 Sep 2009 03:46:07 GMT

Annulment + Children = strange, too.

Re: Kohls

Anonymous — Mon, 28 Sep 2009 03:56:32 GMT

Each state does have different legal definitions of anulment though.

PS your brother if he has a military retirement has no impediment to working as other income will not effect his retirement pay.

he has been keeping himself in his broke and destitute situation.

Message Edited by usmc58555 on 09-27-2009 08:56 PM

Re: Kohls

IOBA — Mon, 28 Sep 2009 15:28:52 GMT

*sigh*

He does have to pay child support but not nearly the amount filed for (she lied about her income and he was active duty at the time). The result was a high amount of money while he was overseas. When he got back, he put in his two cents and they started their LONG legal battle. Court reduced the amount of child support and the "reviews" keep being postponed by the x.

She took that original court order and submitted to DFAS for garnishment. They are giving it to her. He has to try to collect the overage every month. Yeah, I can hear you laughing now.

PLUS she gets a portion of his retirement. The retirement issue is closed by court order. (Somebody had a very good attorney! And someone kept the **bleep**ty attorney!)

DFAS does what they are told, based on what they are provided. My brother and his attorney did not do a very good job responding to DFAS. So now he has to deal with that. (I am not taking care of it for him.)

It's a mess. The last thing he needs to do is go further into debt with Kohl's card. Especially when he's choosing to pay like $130 for cable each month! I don't even have cable! But again, that is his choice, his problem, not mine.

My goal is to be ready to help him protect his credit from the x. And from what I can see and understand, he does not have many job opportunities with his credit as bad as it is. Sad, huh?