Hi guys! Here's a purely (ahem) hypothetical (*wink*) situation: Let's say that this person decides at the age of 13 that he/she really wants a credit card and doesn't feel like waiting 5 years. This person starts lying about his/her age on credit card app's and before you know it, OOOOPS...all his/her credit reports reflect the fake age... Well, let's assume that the years pass, and this person has built these credit lines to well over $100k. Having spent a lot of money throughout the years, and NEVER missing a payment, this person has pristine credit. He/she has cards established with perfect histories. However he/she has to lie about his/her birthdate to the CSRs every time he/she calls in. This person is tired of remembering his/her TWO birthdays and decides to call the lie quits... How would this person go about that? Anyone know what sort of reprecussions (sp?) he or she might face? As I've mentioned, in this hypothetical situation, there were never any late payments or other defaults, so this person doesn't think there's much to worry about. Would this person then just call each creditor and sheepishly tell the CSRs to switch the DOB? And what about the actual credit reports? Fax a copy of a DL? Thanks y'all!!
Strange but true - the paradox. If your friend was in a situation where someone else had opened accounts in his/her name at the same age, the accounts were derogs, and the friend tried to dispute the accounts, there would be a battle of unbelieveable proportions. If your friend decides to come clean, it will be very interesting to see what is done with good accounts of long-standing that were opened by a party (the friend) not legally capable of entering into a contract. Keep us posted.
Sorry to say but even though the accounts are in good standing and no parties have as yet been "damaged" or "injured" by this deceptions, this is still a form of fraud. Possibly even could be constured as criminal intent to defraud since your (ahem) friend is obviously now of legal age yet contiunues to maintain the accounts obtained under the fraudulent conditions. Despite the moral dilemma, there are some federal legal realities that might need to be faced as it is possible that social security/IRS is also unaware of the incorrect birthdate and if the feds find out - they will obviously not have a sense of humor when it comes to the possibility of defrauding the federal government. Your friends choice is to let sleeping dogs lie and hope for the best or consult a lawyer experienced in dealing with federal courts. Michael
Straighten out the birth date issue with the CRAs and use true DOB in the future. Forget about calling creditors to correct their records. While the "agreements" made at age 13 could not have been enforced at that time, they were still valid unless disaffirmed within a reasonable time after reaching majority. Since this person did not do that and continued to use the cards, there is no longer an issue of disaffirming them. Any criminal statute of limitations has long passed. This is no big deal. Leave the skeleton in the closet.
Dave is right on. Each time a CC is used the agreement gets "reaffirmed". Either let sleeping dogs lye, or gradually close these accounts while opening new ones with the correct info. But if ya do that you still have to figure out how to deal with the CRA's. A real catch 22 your buddy (*wink*) is in. If your buddy needs to clean his conscience tell him to go to a priest.
Thanks guys!! My *ahem* friend owes ya! ;-) I'll keep you guys posted...or rather, my friend will keep you posted if/when he/she takes care of this. LOL.
In sticky situations people have found over the years, that good advice is to use the best line ever invented, "I dont know what the F!@# your talking about". Im thinking this is a simple matter of a few well scripted phone calls, and usage of the above line.... Although im not a lawyer, i have some training in criminal defense law from college, and we were always taught to instruct our future clients to never say a word , deny deny deny, and if they show you a video tape of yourslef committing a criminal act, assume you are hallucinating and deny it again. So to make it simple.. let the dogs lye or lie. whichever suits your friend best
just send them a copy of the birth certificate to the credit bureaus. They will correct it no questions asked. They may ask for a ssn copy or d/l too. If you don't plan on ripping off the credit card accounts then leave it be.. If you do plan on ripping them off you can be liable. But you would be liable in a juvenile court. Imagine going to juvinile court when your 25 lol. They couldn't prosecute you as an adult since the crime wasn't accomplished as an adult. You might have to go to juvenile detention, oops they won't take you. I guess theres really nothing they could do.. lol.
