Parents borrowed under my name

Discussion in 'Credit Talk' started by quitollis, Jan 24, 2006.

  1. quitollis

    quitollis Member

    I recently discovered two "note loans" in my credit history that my parents took out in my name without telling me. The first loan, in 98, closed in 2000 and is almost off my record, with no late payments showing. The second loan, however, opened in 01, closed in 04, and has a string of late payments - 2 30day, 2 60day, and 4 90day. It is marked as closed and paid.

    Now first things first - my parents have supported me over the years, and we are very close, so if I have to bite the bullet and accept these on my record, I will - no one's mad at anyone or suing anyone, etc.

    But I have two questions. First - can I get the bad loan off my record? And second, can I do it without shifting it to my parents' record, or hurting them in some way? I don't want this shifted onto their already fragile credit, and I definitely don't want them to get in trouble for fraud or anything...

    I ask because I need to buy a new car this November and want my credit to be as good as possible. As the last late payment off this note loan is July '04, by this November that'll be over two years old. Will those late payments weigh heavily enough on my credit score by then to matter, or can I just let this pass and ignore the whole thing?

    I'm 26 and my scores are TU 670, EX 656 and EQ 632. Aside from two 30day late payments on different cards almost two years ago (and the note loan in question), my credit is flawless. Additionally, my balances are all very low, my income is high, and I will be financing this car through my professional credit union.

    Thank you!
     
  2. ontrack

    ontrack Well-Known Member

    Was this loan opened under your name and identifying information, or are your names similar, and it has been erroneously posted to your report? Was the loan taken out by both your parents?

    Can you trust them to not do this again in the future? If their credit is fragile, they are setting you up to pay their debts if they do. If their credit is fragile, and their finances are too, they should not be borrowing additional amounts, even under their own name. What effect would it have on them to have their credit history accurately reported?
     
  3. quitollis

    quitollis Member

    My parents used my personal information to take out this note loan under my name, with my social security card, probably using their residence as mine. (I had gotten my own apartment two years earlier but lived there before that.)

    I can trust them not to do this again. This is not about punishing them or guarding against them in the future. As I said in my post, I want to know if I can get this off my report without any negative repercussions for them.
     
  4. ontrack

    ontrack Well-Known Member

    For what dates are the lates posted? Since the 7 year reporting period starts from that time, that will determine how long they stay on your reports if you do nothing.

    Never mind. I see it is July 2004.

    What does your credit history show, separate from the negatively reporting loan? How many accounts, how much available credit, how old is your oldest account?

    Have you considered buying a used car, and saving the presumably outragous interest payments? At least bank your misfortune.
     
  5. quitollis

    quitollis Member

    Re: Re: Parents borrowed under my n

    Credit history...

    Total accounts: 7

    Open accounts: 3 (two credit cards, opened in 98 and 99, and one car lease, ending Nov.)

    Closed accounts: 4

    Delinquent / derrogatory: 0

    Balances / payments: 6000ish / 400ish (Mostly the car lease; ccard balance paid down, hasn't registered yet on credit report)

    Public records: 0

    Inquiries (2 yrs): 2 TU / 4 EX / 3 EQ

    I can afford a car loan at my current credit rating. (I had to take out my last loan with a rating in the high 500s thanks to a then-recent erroneous late payment Capital One reported and later corrected. Isn't life great?) And it has to be a new car for lifestyle reasons, too much to get into here. I just want my credit to be as good as it can when I take out the loan.

    If this note loan isn't a huge drag on my credit, and getting rid of it won't make that much of a difference, then okay. But I feel like my scores are really low for someone with almost seven years of next to blemish-free credit history.
     
  6. Hedwig

    Hedwig Well-Known Member

    Re: Re: Parents borrowed under my n

    I would go to the credit union and speak to one of the loan officers. Credit unions will often work with you more than a bank or finance company. Tell them what your situation is and see what you qualify for. Ask them what, if anything, you can do to improve your chances.

    My credit union uses a different scoring model, at least for car loans. When I went to get a loan several years ago, they told me my score was 3somehing. I couldn't believe that, because the scores I pulled were in the high 600s and low 700s. But they said they had a different system and low scores were better.

    So you never know until you ask.
     
  7. ontrack

    ontrack Well-Known Member

    Re: Re: Parents borrowed under my n

    What is outstanding balance, compared to total available credit? What are total of revolving credit accounts?

    With a balance of $6000, if your total available credit is only 10k to 15k, your utilization would likely depress FICO. It is not clear, however, if just opening an additional $5k account, and not using it, would improve this within 6 months, since initially the inquiry to open the account, and its short payment history, would likely pull scores down. Do you have any hard inquiries in the last 6 months?

    Somewhere around 6 months to a year, with no lates, a new account would likely pull scores up. That is why you apply for credit when you don't need it, when you can shop for best terms, not when you are in a jam.

    Having a small amount of credit, and using it all, is bad. Having a lot of credit, and using the same amount, is good.
     
  8. quitollis

    quitollis Member

    Re: Re: Re: Parents borrowed under

    I have a balance under $100 on a card with a $1000 limit; $1000 balance on a card with a $6000 limit, and around $4000 in payments left on a car lease. The two cards are my only credit cards, and I could pay them to $0 right now if that'd help.

    My last hard inquiry was in December of 04.

    The question still for me is a) Can I get this note loan off my record without it hurting my parents and b) Will it improve my score enough to matter come November when I need the car loan?
     
  9. ontrack

    ontrack Well-Known Member

    Re: Re: Re: Parents borrowed under

    In effect, you are using $5100 out of $11000 available credit. (I am ignoring the difference between the loan and revolving accounts. I am not sure how FICO scores that.)

    This is nearing 50% debt to available credit, so it is probably depressing FICO. The account with lates probably magnifies this effect. Reducing the CC debt should reduce this effect, but alternatively you can use cash toward reducing a loan on the car, and both FICO and loan to value affect your loan terms.

    One erroneous loan is affecting you positively. One is presumably affecting you negatively, due to lates.

    If the above CCs, and loan, are your whole history other than the errors, and if they don't go back more than a few years, you might not have much difference removing both good and bad erroneous loans, compared to now, due to a thin credit history.

    You want to at least get the bad erroneous loan off. Removing the good erroneous account, but failing to remove the bad one, would lower FICO.

    You might see if you could run these few variations thru a FICO calculator, to see how much difference it makes. There are both positive and negative effects. A lender with experience in auto lending would also clarify where you stand.


    Can you dispute the accounts? Sure. They might come off, or they might verify with the CRAs, based on the SSN on file, particularly if you had other accounts at that address.

    They might fail to verify, in which case one or both accounts might be deleted. Since the accounts are paid and closed, they might not regularly update.

    Are the erroneous accounts on all your reports? If not, disputing might result in them being posted to the other CRAs.

    What type of lender were these two loans with?

    How many inquiries do you have with each CRA in the last 6 months? What sort of CC offers are you getting?
     
  10. quitollis

    quitollis Member

    Re: Re: Re: Re: Parents borrowed un

    Thanks for being so responsive, ontrack.

    Does the remaining balance on the lease really count against me like that? The high balance on the lease was about $14000. That isn't counted as my "limit"? Does the fact that it's an auto lease and not a credit card change things?

    I never thought that deleting the bad note loan might also delete the good note loan.

    The note loans come from some place called "Beneficial HFC."

    Can you recommend a good FICO simulator? I've been using Truecredit for my 3-in-1 reports and score estimates, but I understand these are "FAKO" scores.

    On the good side, the credit union I have joined is very member friendly and it would not be out of imagination to sit down and explain this situation to them.

    Thanks for all your help.
     
  11. quitollis

    quitollis Member

    Re: Re: Re: Parents borrowed under

    Oh, and these loans are on all three credit reports. Except one strange thing with my Equifax is, somehow it only shows bad information, like late payments. On-time payments for my other CRAs are marked with an "OK" box, but EQ's are marked with "X's," as in, no record there. It's also my lowest score, I don't know what the deal is. Maybe none of my accounts reports to EQ primarily? I live in California if that matters.
     
  12. ontrack

    ontrack Well-Known Member

    Re: Re: Re: Parents borrowed under

    From a human lender's perspective, I would imagine X months of payments on a lease, vs. X months of the same payments on a loan, would have similar effect on available cash flow per month for other uses. Both are legal commitments obligating the consumer to pay out the same cash flow stream.

    A lease on a house I would consider equivalent to the same rent on a house. A lease on a car I would consider equivalent to that same payment stream on a loan, but at the end of the lease, you don't own it. But that's just my perspective.

    I am not sure how the lease is considered by FICO. What is this lease for? How is it reported on your CR, since that is all FICO scoring has to go by?

    How did your parents access a loan from Beneficial, applied for in your name?
    Did they open it in your name, but get a check made out to them?
    Did they get checks with your name on them to access the loan account?
    Did they get a CC with your name to access it?
    Did Beneficial make out a check to some other creditor of theirs, and it was sent directly there?

    Also, how was this loan applied for? By filling out and mailing in an application, by applying at a loan office (presenting what id?), or by using an unsolicited loan check received in the mail?

    A government issued, picture ID may be proof of identity, to the extent you can at least check the picture against the person standing in front of you, but providing numbers, even DL, SSN, or DOB, proves nothing a thousand people couldn't have faked.


    Beneficial has been in the business for some time of sending out unsolicited loan checks (at outrageous terms, such as 29% APR) to people who have never been customers (based on CRA PRM inquiries), that if cashed or deposited, become the instrument documenting the loan agreement.

    Supposedly, whoever you deposit this with "verifies" you are the party named on the loan check, and the banks doing this have argued that this is sufficient protection, and that if someone stole a check, the consumer is not legally obligated so no additional federal regulation is justified. See, for example, the Congressional hearings in 1997.

    But this process really puts the unsolicited check lender in the intentional position of claiming up front that some party other than they are responsible and liable for a diverted check, whether it is the bank or other party accepting, or the consumer whose name was on it, never expected it, and never received it. At the same time, they claim the practice is not irresponsible since the consumer supposedly bears no legal risk.

    Yea, right! As a consumer, I really enjoy encouraging meth addicts to pilfer my mail, and cleaning up the legal mess is free, since my time is worth nothing.
     
  13. will2win

    will2win Well-Known Member

    Re: Re: Re: Parents borrowed under

    Quitollis, I enjoyed reading this thread, but I don't think your fundamental question was answered. So here goes... Dispute the bad loan as not mine. The creditor is really the only party that could go after your parents and they probably won't, given the fact that it is paid off. The law does not burden you with proving who's loan it is, but it places the burden on the creditor.

    Lastly, your scores are probabaly as low due to lack of longer creditory and lack of having a better "blend" of types of accounts. Ideally, you probably need a few more open credit cards and a couple of "installment" loans. You can order your FICO scores from myfico.com and read the positive and negative factors most affecting your score. This will help you raise the scores, it's not always just making payments on time.

    Good luck
     
  14. quitollis

    quitollis Member

    Re: Re: Re: Parents borrowed under

    What would be an installment loan I could take out? Should I wait until after my new car lease to do so?

    Thanks for the advice, that seems the thing to do.
     
  15. Hedwig

    Hedwig Well-Known Member

    Re: Re: Re: Parents borrowed under

    The car lease may be reporting as an installment loan. That's why you need to get hard copies of each report and see what's there.

    I say hard copies because the online trimerge reports don't show all of the information that the hard copies do.

    The loans your parents had may also be installment loans, so that may be sufficient. If you don't have a store credit card you may want to get one. That's also good for the mix.
     
  16. will2win

    will2win Well-Known Member

    Re: Re: Re: Parents borrowed under

    An installment loan is a loan in which you finance money or a loan on something for a set period of time (car loan for 36 months, personal loan for 12 months etc), generally from a bank. Unfortunately, your timeline to purchase the car doesn't give you the needed time to do this for score impact (6months to one year of the loan reporting).
     
  17. ontrack

    ontrack Well-Known Member

    Re: Re: Re: Parents borrowed under

    Your future car loan will be an installment loan. Additional installment loans in the intervening period will more likely hurt you.
     
  18. quitollis

    quitollis Member

    Re: Re: Re: Parents borrowed under

    Conclusion: I am going to write letters to the three credit bureaus, disputing the bad account as "not mine."

    I'll read up on other threads on how to write that sort of letter, but do I say anything other than, this loan is not mine, or do I also add that I can provide evidence in that my home address at the time was different than the one on the loan, my signature is different, etc?
     
  19. ontrack

    ontrack Well-Known Member

    Re: Re: Re: Parents borrowed under

    At this point, the CRA is not going to look beyond whether the lender says their information matches you. The CRA will never even see an application or signature, and if you didn't apply, why would you have a copy to compare signatures?

    The lender may or may not verify. If they don't, it should come off. If they do, you might make use of your records (apartment rental agreement, etc.) showing you didn't live at that address when the loan was applied for. The CRA may also have your other legitimate creditors reporting your current address from that time period.

    You will just have to see whether that works if you don't want to go the full distance with a fraud report.

    Is there any possibility of clerical error, such as name similarities, that may provide a plausible justification for correcting the reporting to your parents file?
     
  20. quitollis

    quitollis Member

    Re: Re: Re: Parents borrowed under

    No... I have a different last name than my parents. They just used my credit to take out a loan in a pinch because they needed the money. Meh.
     

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