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Delinquent Debt

Date: Tue, 02/15/2011 - 12:56

Submitted by anonymous
on Tue, 02/15/2011 - 12:56

Posts: 202330 Credits: [Donate]

Total Replies: 4


My spouse was the primary of an MBNA account that is now FIA CSNA. I was not on this contract or knew of this account until the death of my husband in October 2010 which I reported to them of his death. FIA CSNA now reported me to the credit bureau as a primary on his account and delinquent. How do I fight this company? I have written to them along with the credit bureau and my credit remains ruined. I asked for them to show where I agreed to contract with them or my signature and they reported they do not have to maintain records. Can a company just arbitrarily place you as a primary on a card that was not yours. I live in a non-community state. I thank you in advance.


THE SAME THING happened to me YEARS ago, with a card. It was taken out by my EX husband, after we divorced. It showed up on my credit and I got a letter from MBNA after I was adamant with them that I DID NOT sign anything. My ex did NOT put me on that account either. They had me as an authorized user....I do not know how that happened, he did not know how that happened either and I do believe that he did not do it. I think that it may have had something to do with him responding to one of those canned pre-aaprovals that we get in the mail.

If I were you, I would IMMEDIATELY send them a debt verification letter demanding that they take you off that account and that they report that to the credit bureaus as well. DO NOT JUST LET THAT RIDE...DO IT NOW!! Get it in writing. If they cannot prove to you that it is yours, which you know it is not, then they are legally obiligated to remove it.


lrhall41

Submitted by anonymous on Wed, 02/16/2011 - 11:09

( Posts: 202330 | Credits: )


If you were not part of the contract then they are not allowed to report on your credit. That does not make the debt go away though. You are not obligated to make good on the debt but his estate is obligated which drags you into it. If you had a large estate then you should make good on the debt. If all you inherited was a bunch of debt then you need to work to protect your interests. The trick is will they bother suing his estate which is rather difficult I believe. If you had any joint assets (bank accounts, cars, home) then you need to systematically remove his attachment from those assets to protect your interests while you fight to protect your credit rating. You will need to dispute the debts with each bureau while you demand debt validation from each of the collectors. They will not be able to validate but to force them to quit reporting you will probably have to sue them. They should lose because they will not be able to provide a signed contract but they may counter sue the estate. It would be a separate case.


lrhall41

Submitted by DOLLARSandSINCE on Wed, 02/16/2011 - 11:45

( Posts: 1078 | Credits: )