Ex-wifes Credit Card

Discussion in 'Credit Talk' started by kevinsa, Jan 14, 2011.

  1. kevinsa

    kevinsa New Member

    In December I started looking for a car, and felt that the rates they were quoting me were a little high. While my credit isn't great, I didn't feel it was as bad as they were telling me either. After some investigation, I found an entry that showed a Target store card that was 150 days late. I have a Target Credit card that I pay on time, so I was a little stumped.

    After calling Target, they informed me it was a joint card with my ex-wife. We have been divorced since 2001. The card had been opened since 1996, (we were married in 1998).

    I called my ex-wife and she informed me that she had gotten the card when she was 18 and had requested a card in my name when we got married, but that she never added me to the account as a joint holder.

    I have sent a certified letter to Target requesting that they send me the application where I signed, but when I talked to them, they told me that "Oh that account is from 1996, we won't have records from that far back".

    My concern is that they are threatening to put it in charge off mode and send it to a credit agency. My ex-wife is about to go into bankruptcy which is why she hasn't paid it, which means they will be coming after me and me alone.

    If they can't produce any proof that I signed, what are my options to clean up my credit?

    -Kev
     
  2. sparq

    sparq Well-Known Member

    It sounds like the card was put into your name without your consent. This shouldn't be on your credit report. If you have the time to do this (you aren't planning on going for a mortgage in the next few months), I would suggest:

    1) Tell Target that since you're not a cardholder, and you're not a cosigner, they must immediately remove you from this account. If you're on speaking terms with your ex-wife, it's worth asking her to make this request on your behalf as well.
    2) Dispute the entry with the CRAs.
    3) If a CRA removes the entry, you're done with them.
    4) If a CRA keeps the entry, send a certified letter. Include any "investigation number" or "report number" that the CRA provided you when you requested the investigation. Ask for documentation supporting their investigation and provide them with your mailing address. At this point, the entry will probably drop off.
    5) If they STILL keep the entry on, and don't send you any supporting paperwork, consider filing suit for damages under the Fair Credit Reporting Act. You can file the suit yourself at your local small claims court, and it will probably cost you $75 - $150 in fees (these fees can be added to your suit). At this point the CRA will probably drop the entry from your report, and offer to settle with you.

    It sounds to me as if somewhere along the line over the past 15 years, maybe during some computer upgrade or recordkeeping changeover, Target messed up and moved you from "authorized user" to "cosigner".

    I'm sure this is frustrating to you, but it sounds like you're in the clear. If you're actually an "authorized user" and not a "cosigner", you can't be held liable for the debt. You may have to do some legwork to enforce your rights, but the good news is that it sounds like you're actually in a pretty good position.

    Keep us posted.
     

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