I've searched this forum and can't seem to find a answer that completely fits my problem. Included in my Chapter 7 was an Amazon Chase Card that unfortunately had a balance. When I opened the account, I listed my partner as an AU. He never used the card, however it is still showing as a negative on all his CRs. He applied for a car loan and was asked about the negative TL by his loan officer. The irony is that it has dropped off all 3 of my CRs. As the account no longer exists, is there a way to have it removed from his CRs? Should he just write letters to all 3 CBs and ask nicely for removal? Thanks for any and all replies!
He doesn't have to be "nice" about it. Just dispute as Not Mine. If he's applying for a car loan, and there is a manual review, the LO should see that your partner is actually just an AU on this account, nothing more. I'm an AU on one of DW's accounts, and more than once when talking to underwriting it was recognized that it's just an AU account and was factored less into my approval status.
Most likely, a NOT MINE dispute would be able to be survived. Your partner will want to make the dispute a little bit more elaborate than a simple not mine. Thankfully case-law provides us with an exact template for this type of dispute. Johnson v. MBNA, provides an example of a specific dispute which requires conclusive verification more than the cursory verification that the CRA and DF would usually conduct. In Johnson, MBNA reported her ex-husband's account as being her account following their divorce, and his declaration of BK. Johnson disputed that it was actually only her ex-husband's account, and she was only an AU. MBNA verified that the account was her's based on the standards of a simple "NOT MINE" dispute, which only required that they know (two of the following) her name, address, DOB, or SSN. They only had her name and address, not her DOB or SSN, which anyone would have realized was a red flag that she was only an AU, as her dispute maintained. She sued that they needed to CONCLUSIVELY VERIFY the dispute, and won the case that had they performed a substantial verification of the data, they should have realized that the absence of her DOB & SSN would indicate more likely that she was only an AU on the account of her ex-husband. "NOT MINE, PARTNER'S ACCOUNT ONLY AN AUTHORIZED USER"
