posted
Thanks to Banna (no really, thank you) I just found out that my mother used a credit card in my name and didn't pay it off. About $1600 was charged off.
posted
How in the world could she use a credit card issued to you, without the statement also going to you so you would know about it?
Posts: 9538 | Registered: Aug 2003
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posted
I think what's going on is that she opened an account when I was a minor and put my name on it as a user. So the bill was still going to her house. Then she used the card and it's showing up on my credit report.
She won't pay it. She filed bankrupcy with a crappy lawyer that did a crappy job, so I'm guessing she doesn't have any responsibility to this bill anymore. Apparently the same thing happened to my dad.
Posts: 6367 | Registered: Aug 2003
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posted
I would go with KetchupQueen on this one. Or you could just buy a Voodoo doll. That would teach her. Posts: 1015 | Registered: Aug 2004
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posted
Then the first step is probably to contact the credit card company, say you contest the charges, and ask for copies of the statements.
Posts: 32919 | Registered: Mar 2003
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posted
You know -- and I'm serious about this -- you should contact both the card company and the credit report bureaus. When I found that a boyfriend had taken out an American Express card with my name on it, too, but without my knowledge, I was able to have it expunged right away. They might be willing to work with you. At least from the credit report bureau's perspective, if you were a minor and didn't know about it, this incident certainly doesn't say anything about your credit reliability, only hers.
Posts: 14017 | Registered: May 2000
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posted
You need to contact the credit card company, as well. And if you signed *anything* before you were 18 you weren't actually responsible because you were a minor. I don't think this will be that difficult to resolve, don't panic. *hugs*
posted
PSI, you are not responsible for something you signed as a minor -- if you did at all. I don't think a minor's signature is required on a credit card application, just the responsible parent.
What's REALLY weird is I didn't think the minor could be the primary person on a credit card account.
Posts: 32919 | Registered: Mar 2003
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Clark has a syndicated radio consumer show, and he talks about identity theft all the time. I only saw a couple of things on there, but my internet time is up . Good Luck!
posted
I don't think you have to be primary...my dad is still paying off cards that my mom opened when she was married to him. She just put his name on for the income part. Does that matter?
Posts: 6367 | Registered: Aug 2003
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posted
Yes, but they were both consenting adults when she opened them and their finances were legally linked due to marriage. She was allowed to act "on his behalf" in most cases.
It is different when you are a minor. Yes she can "on your behalf" open the account, but you weren't responsible for it, she was. And if the account was never physically transferred to you as an adult. She's still responsible.
posted
I don't believe a minor can be the primary holder. Ask someone who knows the legal requirement there, and if that's true, send a copy of your birth certificate and a copy of when the credit agency says the card was issued to the credit agency and demand it be removed because it clearly could not legally be done by you.
Posts: 15770 | Registered: Dec 2001
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posted
I am 17 and I cannot be the primary cardholder on my card. It does not effect my credit either. I do not know if that will change at 18, but i am guessing it only would if I became the primary cardholder.
Posts: 1015 | Registered: Aug 2004
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quote:5. If you believe information in your file results from identity theft, you have the right to ask that a consumer reporting agency block that information from your file. An identity thief may run up bills in your name and not pay them. Information about the unpaid bills may appear on your consumer report. Should you decide to ask a consumer reporting agency to block the reporting of this information, you must identify the information to block, and provide the consumer reporting agency with proof of your identity and a copy of your identity theft report. The consumer reporting agency can refuse or cancel your request for a block if, for example, you don’t provide the necessary documentation, or where the block results from an error or a material misrepresentation of fact made by you. If the agency declines or rescinds the block, it must notify you. Once a debt resulting from identity theft has been blocked, a person or business with notice of the block may not sell, transfer, or place the debt for collection. 6. You also may prevent businesses from reporting information about you to consumer reporting agencies if you believe the information is a result of identity theft. To do so, you must send your request to the address specified by the business that reports the information to the consumer reporting agency. The business will expect you to identify what information you do not want reported and to provide an identity theft rep
posted
That's not very cool, PSI. I agree with all of thee above that this should be somewhat easy to resolve. Good luck with this and keep us posted on how it goes.
Posts: 701 | Registered: Jul 1999
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posted
Do you think it's possible that she opened the account when I was a minor, but then used my info to add me on as a primary later, when I was an adult?
Posts: 6367 | Registered: Aug 2003
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posted
Either way, I think the fact the the account was opened when you were a minor, is pretty convincing proof so long as you have your birth certificate.
posted
Possible. Or it might have happened automatically? In any case, if you didn't know about it, it's not your responsibility.
Posts: 21182 | Registered: Sep 2004
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posted
You can find out when the account was open:
quote: You have the right to obtain documents relating to fraudulent transactions made or accounts opened using your personal information. A creditor or other business must give you copies of applications and other business records relating to transactions and accounts that resulted from the theft of your identity, if you ask for them in writing. A business may ask you for proof of your identity, a police report, and an affidavit before giving you the documents. It also may specify an address for you to send your request. Under certain circumstances, a business can refuse to provide you with these documents.
posted
PSI, stuff gets reported all the time that shouldn't be on credit reports. That's why we're encouraged to check. It isn't a perfect system, but the credit card companies have an interest in having a correct and accurate picture of your credit risk, so they have a vested interest in getting the facts straight.
Remember that your credit report is separate from the actual issue of who is responsible for paying which debt. Related, but separate. The credit report is supposed to be a barometer for companies that issue credit to find out how reliable you are. If you are reliable, they want to know it, so that they can safely lend you money and collect interest off the debt.
You may or may not be financially liable for the money she charged in your name. Regardless, the credit report companies would want to have an accurate picture of how you handle money.
posted
*hug PSI* Thats awful I can't believe your mother would do something like that... sounds like my grandma Though slightly worse o_O I don't know a thing about credit cards so I can only say good luck!
Posts: 3295 | Registered: Jun 2004
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quote:I think what's going on is that she opened an account when I was a minor and put my name on it as a user.
If you were a minor, there may be an automatic out for you. You may not have even signed for it. Contact the credit card company and ask for all documentation on that card - statements, application, etc. See if you can work something out.
If not, go see a lawyer. You'll want to not only get out of paying but force the credit bureaus to remove the bad info.
posted
Definitely sounds like it's time to contact the credit card company. I don't know if it's possible, but you could ask them to provide you verification of the signature on all those charges. Anything that was ordered via phone or internet should have a shipping address and name. So those can be verified too.
I'm sorry this has happened. It must just be so terrible to know your own parent could purposefully screw you up like this and not even be concerned. Sadly, you do have to take steps to protect yourself and it might ultimately require that you file a complaint against her. Maybe Dag could fill us in on what the implications are. I can at least imagine where the credit card company might not just take your word for it unless you are willing to file charges or back them up in filing a complaint with the police.
Mom could be in serious trouble, regardless.
But, then, it sounds like she's already in serious trouble if she's willing to do this kind of thing.
posted
By the way, even if you get your credit card company to clear this up with you, MAKE SURE it gets cleared up on the credit report. And make sure it stays cleared up.
Seriously. These agencies work from automated updates to their files. Stuff has a way of being purged one month and back on there the next.
Posts: 22497 | Registered: Sep 2000
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quote: Also, I'm not sure bankruptcy protects you from fraudulent debt, and your mother did commit fraud by opening an account in your name without informing you.
When you file for bankruptcy they say that if there is something you obtained by fraud then it cannot be bankrupted.
Posts: 747 | Registered: Aug 2004
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posted
I hate to be a pessimist, but when I was 18 - 21, I checked my credit and discovered all kids of stuff that was not right. My reports said I defaulted on a Burdine's charge card when I was nine and an American Express card when I was fifteen. I disputed the charge. All that involved was me filling out paperwork explaining why the charge was wrong. I pointed out my birthdate and my SSN. The credit bureaus basically just called Burdines and asked them if the charge was legit. They said "yup," and so it stayed. When I was a few years older, I went through the effort one more time. I went in to their offices to speak with a person instead of filling out forms. I spent a day each at Equifax and TRW waiting around and talking to people. In both cases, they agreed that the claims were absurd and wiped them off of my credit report. Within six months, they were back on in both reports. (And this despite me having paid to join one of those credit monitor rackets.)
Perhaps this explains why I stood and cheered at the end of Fight Club . . .
Anyway, the good news is that I could still get credit just fine. My credit wasn't sterling, but plenty of people were willing to see sense and compare my birthdate to the dates on the charges.
Credit bureaus suck.
I'm sorry you're dealing with this.
Posts: 13680 | Registered: Mar 2002
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posted
Icarus, that kind of experience is all too common. And, basically, even though the credit reporting bureau is the one selling flawed information to potential creditors, employers, etc., they bear very little responsibility for the quality of the information they sell.
If it's wrong, it's the fault of the company that sent them the data (Burdines, Sears, Visa, etc.). I have had things fixed and then show up again in error. I wrote to the Presidents of the credit reporting agencies -- they basically said "screw you" in more polite terms. I wrote to the presidents of the companies reporting the bad data (that helped more but not 100%). Finally, I copied ALL the correspondence to my representatives in Congress. That actually seemed to help.
posted
There is another way of dealing with it...just keep protesting, as often as you can. Eventually they get tired of hearing from you and wipe it...it has happened to me. By law you are allowed to protedst as many times as you like, adn if the crediters don;t reply with "a reasonable time frame", usually 1 month, then if can be wiped from your reports. If the company insists that you are to blame, as for documentation. If they fail to provide it, you win again....even if you are at fault.
The CB only care about reporting things that are not being disputed...they aren't babysitters, so if the companied miss even one deadline they will expunge it. I fyou continually dispite the same charge over and over, eventually it works...most of the time.
Posts: 15082 | Registered: Jul 2001
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Though slightly worse o_O I don't know a thing about credit cards so I can only say good luck!
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When I was a few years older, I went through the effort one more time. I went in to their offices to speak with a person instead of filling out forms. I spent a day each at Equifax and TRW waiting around and talking to people. In both cases, they agreed that the claims were absurd and wiped them off of my credit report. Within six months, they were back on in both reports. (And this despite me having paid to join one of those credit monitor rackets.)
