clearing a credit report of false information

[kamelio]

What is the name of your state? California. My husband and I have been married 3 years. About a year and a half ago we decided to apply for a mastercard only to be turned down for poor credit. WE applied for a credit report and found out that his ex wife kept one of their joint cards- that, according to the divorce, was supposed to be payed off (He can prove he payed it off) and destroyed. She had the address changed so the bills would go to her apartment and never told my husband that she started using the card again. She ran it up to $3400 and quit paying on it- if she ever did. Since his name is on the card, Discovery insists he is responsible for the debt- even though all of the purchasses were made after the divorce. Hubby has contested this, has written a letter and it should be in his file but so far he has not been able to get anything but a $300 credit card (which the company will not increase even though he has paid on time or paid off early for 2 years now) We did what we were told to do but it has not resolved the problem. This is the only mark on his credit and we want if completely gone. How do we do it?

 

[MommieDearest]

Did your husband actually take his name off the account or just change the address? If he only changed the address I would imagine he is liable for the debt his ex accrued. If he did take his name off the account and the credit card people screwed up - then I would say call the credit card and try to clear it up with them.

You can file a dispute the credit reporting agency and they investigate, and get back to you within 30 days - but as I am discovering, that doesn't stop the credit card people from hounding you and possibly sending you to collections and/or court.

In the meantime, put together all the paperwork you have that proves you paid your balance and changed it over to the ex - if you don't have any, contact the credit card and see if they can send you anything you are missing. Prepare for the worst, and hope for the best.

Good luck - I hope it all works out smoothly and painlessly!

 

[kamelio]

As far as my husband knew, when they were divorced, he had payed off all of the credit debts and the cards had been torn up and thrown away. He moved to a new place and she moved into an apartment and she kept just one of the cards with out telling him. If he had known, he would have either taken it from her or removed his name. In the divorce it states that all cards must be paid off and destroyed so she broke a court order. He never even suspected that she kept a card until 3 years after the divorce and we were married trying to reestablish credit. He has already contested....and contested. Discovery sent all the bills and notices to her home so he never got wind of it. But, even after he contacted them with his address and told them when he moved and that the charges started after they were no longer together, they have not hassled him for the bill- she has still not paid it off. We are thinking of getting a lawyer to make it all go away- and it wouldn't hurt my feelings if she got in more than a little hot water over it.

 

[Ladynred]

In the divorce it states that all cards must be paid off and destroyed so she broke a court order

Creditors are NOT bound by your DH's divorce decree. All that matters to them is that HIS name is still on that account as JOINT card holder and HE is responsible for payment if she doesn't pay it.

Since she is in contempt of the court order (divorce decree), then your DH can drag her back into divorce court for it. If he can pay off the bill, then do it, then sue her butt for the money he paid out.

You're going to have a rough time dissuading Discover that he's not liable for the debt and they WILL sue him if it doesn't get paid.