"fraudulent credit card"?

Question

In Dec 2003 my husband's ex wife opened a credit card with Capital One in his name while he was stationed in Korea, she had the mailing address listed as a PO Box in her hometown. He did not find out anything about this credit card until we were trying to purchase a house and it was on his credit report. She charged about $150 on the card between the time it was opened and Feb 2004, and now we are told he has to pay $1000.00 in order to get it off his credit report. Are there any legal avenues we can take because we knew nothing of this card? We cannot afford to pay, as we should not because it was fraudulent, but we really need to get his credit score higher so we can qualify for a home loan. We have informed the credit card company, and the refuse to do anything and want payment in full. Anybody have any answers?

Answer 1

Your husband should file a police report for ID theft against his ex.

I realize that it may be difficult to file something like that on a person that you know, but that person had no problems in trashing your husband credit. What goes around, comes around.

Then your husband should file a dispute with the CRA's and include a copy of the police report.
He should also file a dispute with Cap One and include the police report, with his dispute to Cap One he should request that they provide anything that contains "his" signature. (though it may be possible she could have forged it a time or two)

If he has documentation that he was overseas at the time the card was opened and used, that may help somewhat.

Then he should take a copy of the police report, a copy of his CRA disputes and a copy of the Cap One dispute to your mortgage company.

If you run into any problems with either the CRA's or Cap One, file complaints with the BBB, FTC, the AG in your state, and the AG in Cap Ones state if you still have problems with them. Then redispute with the CRA's and/or Cap One and include copies of your complaints.

Answer 2

If he did not open that credit card, he cannot be held legally responsible for the debt. I would contact the credit card company again and request a copy of the credit application with his "signature" on it in order to start a dispute. If people are not cooperating, ask for their supervisor. If that person isn't cooperating, ask for their supervisor and keep going up the chain.
As far as the credit bureau is concerned, put your dispute in writing. They have 30 days to investigate the issue. After the 30 days, they need to do one of two things: a) tell you that it is accurate and show you proof or b) confrim that you are correct, update your credit report and send you a copy as proof.
Good luck!

Answer 3

ultimate the account will decrease your familiar obtainable credit decrease. in case you're wearing balances on any of your credit enjoying cards, this might boost the share of debt. If this makes your balances over 30%, this is going to diminish your score. additionally, if this might nicely be a an older account, ultimate this is going to close the history and ought to harm your score as nicely. however the fraud declare won't have any result on your credit report.

Answer 4

well, if you start a fraud investigation....you wont be clear to buy a house for a very long time, even if it does come to light that she did it. i would make a deal with the credit card company and pay them say...300 bucks. get it in writing first before you pay it. cap one is smart enough to get something rather than nothing. you could also try talking to your loan officer and writing a letter of reason to the board. it shouldnt be hitting your credit score, since its over 2 years old.