Dispute item on credit report that’s not mine

[Laura]

How do I Dispute item on credit report that doesn’t belong to me?
I got divorced 4 years ago, in 2008. Last month I noticed that there is a charged off account on my credit report. I don’t recall seeing it there previously, however according to the date it’s from 2010.

This account is connected to a joint Capital-One credit card that my Ex had prior to our marriage. I don’t recall being added to it.

To my best recollection the debt was not in our divorce decree and there was no mention of it during division of assets, so it must be that my Ex has started using the card AFTER our divorce, and then defaulted on it.

Naturally, my score has taken a hit because of this. I have three questions:

1. Can I be added to an account without my knowledge?
2. Do I still have the liability of the debt?
3. How do I go about removing this negative information on my credit report?

Thanks

[Kent]

Re: Dispute item on credit report

First, about your liability to pay this debt, it makes a big difference whether you were added as only as an authorized user, or is it a joint account.

Joint Account users are liable to the account. Opening or joining a joint account requires your signature. Since you don’t recall doing that – I guess it’s not the case.

Authorized User do not require to sign any document, so it’s possible that your name was added without you knowing about it. You are not liable to any debt related to such account, but the account does show on credit reports and does count in the FICO score for spouses and kids.

Are you sure that you’ were only added as an Authorized user only?

If so, then the first step would be to send Capital One a certified, return receipt letter asking that they remove your name from the account. Indicate that you were not aware you were listed on the account and that you’ve never used it. Ask them to stop reporting this account with relation to you to the credit bureaus.

If Capital complies – you’re done. If they say that it’s an actual joint account and that you’re liable, request copies of the contract that show you’ve signed up for the account, indicating probably ID theft/fraud.

In case that they do not respond or refuse to supply the application documents, then the next step is to dispute the account with the credit bureaus. Supply them all the relevant documents indication that it’s not your account and insist that you were added as an authorized user without your knowledge or consent.

Do everything by mail, not online. You need a paper trail and it may take some time to get your name removed.

[Author]

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