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Posted
William B Harrison, CEO

270 Park Avenue

New York, NY 10017

 

 

 

Re: Mnemonic v. Chase Bank

 

NOTICE OF INTENT TO SUE

 

 

 

Dear William:

 

During a standard review of my credit files from the three major credit reporting agencies I was dismayed to find an account still posted by Chase. I sent you a letter asking you to remove this account due to myself being a “Authorized User” on February 6, 2004.

 

Equifax has verified on December 15th, 2003 and on February 26th, 2004 that I am an “Authorized User”. I am not responsible for any financial activity on this account.

 

On February 11th, 2004, I received a reply from Chase noting that they are no longer handling the account, and that Collins Financial Services is. Chase is the company who is reporting incorrect information on my credit report, not Collins Financial Services.

 

Chase Bank is incorrectly reporting to the national credit reporting agencies for an account that does not belong to me and is refusing to complete an accurate investigation, which are multiple violations of the Fair Credit Reporting Act.

 

 

From the FTC’s Website: http://www.ftc.gov/bcp/conline/pubs/credit/divorce.htm

 

Account "Users"

If you open an individual account, you may authorize another person to use it. If you name your spouse as the authorized user, a creditor who reports the credit history to a credit bureau must report it in your spouse's name as well as in your's (if the account was opened after June 1, 1977). A creditor also may report the credit history in the name of any other authorized user.

 

Advantages/Disadvantages: User accounts often are opened for convenience. They benefit people who might not qualify for credit on their own, such as students or homemakers. While these people may use the account, you - not they - are contractually liable for paying the debt.

 

Also, From Jhonson v MBNA Bank, NY (02/11/04)

 

On 2/11/04, the 4th Circuit Court of Appeals handed down its decision in this appeal, affirming a judgment entered against MBNA following a jury verdict in favor of plaintiff Johnson on a claim that MBNA violated the Fair Credit Reporting Act by failing to conduct a reasonable investigation of plaintiff's dispute concerning an MBNA account appearing on her credit report. MBNA's first contention was that the district court made an error when it ruled furnishers of credit information must perform a "reasonable" investigation of consumer disputes. MBNA, in essence, says there isn't a qualitiative component to the investigation provision that would allow a court or jury to assess whether the creditor's investigation was reasonable. The Court went back to the plain meaning of the term "investigation" and concluded it would make little sense to believe that Congress would use the term "investigation" to include superficial, unreasonable inquiries. The court therefore held that creditors must indeed conduct a "reasonable" investigation of their records after receiving notice of a consumer dispute from a credit reporting agency. The next issue, then, was whether the jury's determination that MBNA did not conduct a reasonable investigation was supported by the evidence. The Court looks at the steps MBNA took and finds that a jury could reasonably conclude that MBNA acted unreasonably. Although the disputed credit account was for $17,000, the jury found that Johnson's actual damages stemming from the incorrect information furnished by MBNA totaled $90,300. After finding that MBNA had negligently failed to comply with the FCRA, the jury awarded Johnson $90,300 and that verdict was upheld on appeal.

 

 

You are hereby instructed to remove this trade line from my credit report.

 

I shall withhold any action until Friday, March 26, 2004, on which date I shall commence suit without any further notice to you.

 

 

Sincerely,

Mnemonic


Posted

Should I include all the letters from EQ showing they verified me as a AU and also the green cards from the disputes i sent to chase in this letter to the CEO?

Posted

yes.... EQ verified this twice, but when i call chase or write to them they say that i am the individual on the account and there were no AU"s..but they removed their tradeline from my mothers report... she was the original applicant.

Posted

Just added this statement in the letter to show this.

 

I have called and written Chase about this account and they claim I was an individual applicant. This is not true because at the time you say the account was opened, I had just turned 18 and was unemployed and was not eligible for a credit card.
Posted
From the FTC’s Website: http://www.ftc.gov/bcp/conline/pubs/credit/divorce.htm

 

Account "Users"

If you open an individual account, you may authorize another person to use it. If you name your spouse as the authorized user, a creditor who reports the credit history to a credit bureau must report it in your spouse's name as well as in your's (if the account was opened after June 1, 1977). A creditor also may report the credit history in the name of any other authorized user.

 

You are kind of shooting yourself in the foot by quoting this -- it says right here that they can report it in your name.

 

Am I missing something?

 

I think the best way to get it off your report is to have your mother take you off the account as an authorized user, then dispute it.

Posted

Have you considered taking this to a lawyer? If this truely is not your account, it would appear the facts in the case are identical to the ones in Johnson vs MBNA.

Prehaps contact the lawyer in that case. His name is Leonard Bennett.

 

Leonard A Bennett

12515 Warwick Blvd

Newport News, VA

Posted
From the FTC’s Website: http://www.ftc.gov/bcp/conline/pubs/credit/divorce.htm

 

Account "Users"

If you open an individual account, you may authorize another person to use it. If you name your spouse as the authorized user, a creditor who reports the credit history to a credit bureau must report it in your spouse's name as well as in your's (if the account was opened after June 1, 1977). A creditor also may report the credit history in the name of any other authorized user.

 

You are kind of shooting yourself in the foot by quoting this -- it says right here that they can report it in your name.

 

Am I missing something?

 

I think the best way to get it off your report is to have your mother take you off the account as an authorized user, then dispute it.

 

My mother doesnt have this on her credit report and chase is denying her ever being on "my account"....

Posted
Have you considered taking this to a lawyer? If this truely is not your account, it would appear the facts in the case are identical to the ones in Johnson vs MBNA.

Prehaps contact the lawyer in that case. His name is Leonard Bennett.

 

Leonard A Bennett

12515 Warwick Blvd

Newport News, VA

 

Ya know what... im going to.

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