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Wife was authorized user on account - now has chargeoff on credit report

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    Wife was authorized user on account - now has chargeoff on credit report

    I'm filing Chapter 7 bankruptcy very soon. All of the debt is in my name, so my wife is not being included on the bankruptcy.

    The other night, we pulled her three credit reports through annualcreditreport.com.

    On one of my CitiBank credit cards, we made her an authorized user on my credit card that had existed for years previously. This was done over the phone, she never signed anything. She was issued her own credit card number that she carried. Unfortunately, this account seems to be reported on her credit report in full.

    The CitiBank credit card charged off balance is around $5,000. We issued her that card in the past for emergency reasons, and she maybe charged $50-$100 on it. I'd have to go back through my records to see if the current balance even includes her long-time-ago charges, or if the account balance ever hit $0 after her charges.

    If we dispute the account on her report, can we get it taken off? Or, do they have a basis to say it should be on there? Again, she never signed anything in writing. Over the phone, we asked for her to be an authorized user and have a credit card with her name on it, tied to my original account.

    None of the statements have her name on them. Although I've received countless collection letters from CitiBank and various collection agencies, none of those statements have ever came in her name. Although I've received countless phone calls about the account, she has never had a phone call to her about the account.

    I hate that her mostly spotless report has this chargeoff item, which will soon be bankrupted on my Chapter 7.

    That leads me to another question. After I discharge this card in Chapter 7, can they come after her for payment since she isn't filing bankruptcy? Even though they've never tried to collect from her in the past?
    Filed: 03/31/08 341: 05/15/08 Discharge: 07/15/08
    Do yourself a favor. Check everything I say with a bankruptcy attorney. Most attorneys will even provide a free initial consultation. In fact, it's your life, so check everything anyone says (including your attorney) for yourself!

    #2
    please, anyone answer this

    Comment


      #3
      The report sounds like your wife should have been reported as an "authorized user" and not the maker of the CC. The CC company is reporting it wrong, so your wife should write a certifed letter to the CRA to report this error. If the CC company does not respond to the inquiry from the CRA within thirty days the statement must be deleted.
      regards,
      emoney

      Comment


        #4
        Originally posted by emoney View Post
        The report sounds like your wife should have been reported as an "authorized user" and not the maker of the CC. The CC company is reporting it wrong, so your wife should write a certifed letter to the CRA to report this error. If the CC company does not respond to the inquiry from the CRA within thirty days the statement must be deleted.
        regards,
        emoney
        OK, sounds good.

        You said "been reported as an 'authorized user' and not the maker". As an authorized user, should the be information showing up on her credit report in a different form? If so, how badly would that hurt her credit?
        Filed: 03/31/08 341: 05/15/08 Discharge: 07/15/08
        Do yourself a favor. Check everything I say with a bankruptcy attorney. Most attorneys will even provide a free initial consultation. In fact, it's your life, so check everything anyone says (including your attorney) for yourself!

        Comment


          #5
          I'm sorry I don't know that answer. You might email that question to Fair Issac and see what they say.
          regards,
          emoney

          Comment


            #6
            worked for me

            My fiance (now husband) had obtained a CC and I was in charge of the bills. I had them put me as authorized so I could make payments, etc. Well, when his account went delinquent and we stopped paying on it, they reported it as me being authorized. I disputed online as "account not mine" and it was deleted. I would have your wife dispute it. Shouldn't be too difficult to get it totally removed from her report. (and I hear they are ending reporting on authorized users anyway)

            Comment


              #7
              I was in the same exact position. I incurred all the debt in my name and had to file 7 ( in 1997). I did it pro se also.
              After the discharge I got my wife’s credit reports – the card companies were now going after here – and it appears that they were all under the impression she was the account owner and not just an authorized user. After a couple of polite conversations we wrote to the Controller of the Currency ( they were national banks if I recall )with a formal complaint on four card issuers. We got certified letters from them all apologizing. One was tardy and difficult and I was able t determine that a car loan she had just gotten had a higher interest rate as a result. I calculated the difference in interest charges and sued the one that was tardy in answering us.
              I was fed up and didn’t want to mess around. YMMV.

              Comment


                #8
                As an update, my wife disputed the account as "account not mine" through Equifax's website. I didn't even type in any comments about it, just used the default "account not mine". It took about 3 days, and we just got an email stating that "This item has been deleted from the credit file."

                Now time to dispute through Experian and TransUnion and see how they handle it.
                Filed: 03/31/08 341: 05/15/08 Discharge: 07/15/08
                Do yourself a favor. Check everything I say with a bankruptcy attorney. Most attorneys will even provide a free initial consultation. In fact, it's your life, so check everything anyone says (including your attorney) for yourself!

                Comment


                  #9
                  Originally posted by phoenyx View Post
                  I'm filing Chapter 7 bankruptcy very soon. All of the debt is in my name, so my wife is not being included on the bankruptcy.

                  The other night, we pulled her three credit reports through annualcreditreport.com.

                  On one of my CitiBank credit cards, we made her an authorized user on my credit card that had existed for years previously. This was done over the phone, she never signed anything. She was issued her own credit card number that she carried. Unfortunately, this account seems to be reported on her credit report in full.

                  The CitiBank credit card charged off balance is around $5,000. We issued her that card in the past for emergency reasons, and she maybe charged $50-$100 on it. I'd have to go back through my records to see if the current balance even includes her long-time-ago charges, or if the account balance ever hit $0 after her charges.

                  If we dispute the account on her report, can we get it taken off? Or, do they have a basis to say it should be on there? Again, she never signed anything in writing. Over the phone, we asked for her to be an authorized user and have a credit card with her name on it, tied to my original account.

                  None of the statements have her name on them. Although I've received countless collection letters from CitiBank and various collection agencies, none of those statements have ever came in her name. Although I've received countless phone calls about the account, she has never had a phone call to her about the account.

                  I hate that her mostly spotless report has this chargeoff item, which will soon be bankrupted on my Chapter 7.

                  That leads me to another question. After I discharge this card in Chapter 7, can they come after her for payment since she isn't filing bankruptcy? Even though they've never tried to collect from her in the past?
                  There was a Class Action lawsuit brought by people in your wife's situation. I remember getting paperwork in the mail a few years after we filed to see if we wanted or were eligible to become part of the class. Inasmuch as my husband and I filed jointly, we were not eligible for the class and of course did not send anything in. Whether or not that Class Actoin has been settled or is still pending is something worth investigating to see how it was resolved. Unfortunately, I do not have any information on it but if you do a search as to people being authorized users on accounts for which the husband or wife file bankruptcy and they are not part of the bankruptcy, you may find it. That may be of some help to you to resolve the situation. Or mention it to your attorney and see if he/she knows anything or can find anything out. They have great research tools right there in their offices.
                  _________________________________________
                  Filed 5 Year Chapter 13: April 2002
                  Early Buy-Out: April 2006
                  Discharge: August 2006

                  "A credit card is a snake in your pocket"

                  Comment

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