Will Dispute End Badly for Me?

Discussion in 'Credit Talk' started by Hevinchild, Jan 16, 2014.

  1. Hevinchild

    Hevinchild New Member

    Hi, my name is Kimber. I am brand new to the credit repair scene, and was lucky enough to find this site before I actually got started. I have put away my stamps and envelopes for now, and am taking some time to first read and learn so I can find the best strategy.

    A little history: I am currently separated from my husband of twelve years, after learning of numerous affairs he has had/is having. I have learned in the last year and a half that he has taken out numerous credit cards in my name over the years, with a forged signature. He filed a personal bankruptcy last year, and leading up to that, I went to speak with a lawyer to find out what, if any, damage his filing could cause me. When I told the attorney about the credit cards he had taken out in my name, they suggested I immediately acquire a credit report to determine the extent of that. It took me longer than it should have, but I finally did, and now it is time for me to repair what I can. There are numerous late pays, and some other issues that seem fairly straightforward, but there are two things that currently stand out as very confusing to me in terms of how to handle them. My first instinct is to do whatever I have to in order to pay a professional to handle this for me, but I feel that with some help and guidance from the knowledgeable people on this site, that I can get through this. I feel I will have many more questions as this process goes on, but the two that are really causing me the biggest issues right now are the following.

    QUESTION ONE:
    My credit report shows GECRB/WLMRTD, which I have learned is a Walmart Discover card. After much questioning, I learned this was my husbandâ??s card, and he claims I was added on (without my knowledge) simply as an authorized user. The LIMIT is $2800, the BALANCE is $2840. This is being reported on TransUnion only. There is no information at all on Experian, and no balance shown on Equifax.

    This card was included in his bankruptcy last year. He called Walmart, and was assured that this account is indeed closed, and said I should send them a dispute letter, and a copy of my credit report, and they would correct it right away. My assumption is that this adds to my high utilization and it would only benefit me to have it removed, however, my concern is that since I now know he has obtained other credit cards in my name, there is a possibility I am more than an authorized user, and they could potentially use my dispute letter to come after me for his balance. Even if I trust him, and believe I am only an authorized user, I donâ??t know if that would still open me up to them coming after me for the balance.
    This card adds a large amount to my open debt, as well as high utilization (at least as reported by TU), and it seems it would be greatly beneficial to have it removed from my credit report, but I donâ??t know if that benefit outweighs the perceived risk of having them pursue me for this debt. Is this concern valid, or should I send the dispute letter?

    QUESTION TWO:
    I learned recently that I am apparently a co-signor on the car he currently has financed through a company by the name of Ally Financial. He says he handed me the papers to sign, and that could be true as I was very trusting of him and would often sign things quickly, in passing, when he presented them to me. In October of this year, the car was repossessed, as he had fallen behind in payments (though my credit report does not reflect this at all, every month shows â??OKâ?). He redeemed the car within about a week, after talking to a representative at Ally who told him they would remove the repossession from my credit report if he did. He got nothing in writing, and did not even write down the name of the representative he spoke with. My credit report does show that it is a â??redeemed repossessionâ?, but I have read that is just as damaging as straight repossession.
    I donâ??t believe I have any recourse to dispute this, and was wondering if I should write a goodwill letter, simply telling them the truth, and asking for their consideration in having this removed? If yes, is there any template for a letter like this, or should I just be honest and sincere in my request?

    Thank you so very much for any help, and guidance.

    Kimber
     
  2. mindcrime

    mindcrime Well-Known Member

    You should only have to call Walmart yourself and tell them you never agreed to be an AU on this account. This can probably be further substantiated in that either a second card was never issued, or if so, was never used by you. And right off the bat should improve your credit considering the utilization was 100%.




    It is extremely rare than an auto dealer would allow the consumer to bring home an original contractor for a "co-signer" to sign off on. I would start with contacting the lender and asking for a copy of that contract. This again can be a forged signature, as a repo is a repo is a repo, and is damaging to your credit and your ability to obtain an auto loan in the future.

    Since your only two apparent issues stem from your husband and their being no other credit ties besides the alleged co-signing on the car, I think once you get your AU status removed, and can show prove you never signed for this car, you'd be looking at a clean report.
     
  3. mechanicw

    mechanicw Well-Known Member

    AU are not responsible for the account. However joint account holders are. You need to find out exactly which u were 100% contact them and get documented exactly which one. If they state u are indeed AU u will have the proof for the dispute you will then file with CRA to have removed.

    While things can be solved over the phone I do not use this approach. When I do anything related to my credit I want everything documented I send dispute everything via us certified mail unless I'm sending to CRA I do CM RR as well........ It seems u have already run into an instance where phone dealing have put u at a disadvantage.
     
  4. mechanicw

    mechanicw Well-Known Member

    Question TWO and the car. You should really see about getting a copy of the actual document they say you signed or at least bears your supposed signature. Forgery is a crime and may have definite consequences for him if it was forged. That avenue may require police reports, and charges being filed etc

    I two am finding it a bit fishy that financing place would allow a document to go unsupervised and leave their location and then to be returned signed.............understandably married couples do and sometimes sign things without knowing full extent of what they are signing only to find out later.......but going to a dealership to sign documents seems like something a person would remember...........anyway its important to find out which and are you really willing to do what is needed to correct it.
     
  5. jam237

    jam237 Well-Known Member

    Walmart card - dispute as NOT MINE - HUSBAND's card applied without knowledge or consent.

    The key here is to create a Johnson v. MBNA (as well as a potential Cushman v. Transunion case if he did in fact create it as YOU!).

    Ally Bank, again, if you are unsure of whether the papers were given to you to sign, or may have been forged, I would dispute.

    In both cases, I would use the 1-2 punch.

    Express the concerns with the company, only slightly not directly alleging fraud.

    Send a similarly worded CRA dispute to all the CRAs that it is being reported to.
     

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