Relative is sticking me with the bill
Date: Wed, 08/12/2009 - 15:47
I wouldnt file small claims court at all--I would demand validat
I wouldnt file small claims court at all--I would demand validation from them ASAP. Send the debt collector a certified letter requesting validation and informing them that you hereby dispute this debt in accordance with the FDCPA.
The way it looks from your post, it would seem that you had no responsibility whatsoever when it comes to HER account--you had a separate account number, and you paid yours and closed it 14 years ago, so you have no legal obligation whatsoever to pay this money on her account. Two account numbers means that your account was yours, and you are not responsible for hers. It is not at all the same as if you had a joint account with someone and you both were equally responsible regardless of who charged what.
Dispute the debt with the debt collector and let them prove that you signed a contract on that specific account.
Yeah, I don't think they have a leg to stand on. Definitely dema
Yeah, I don't think they have a leg to stand on. Definitely demand validation. I wouldn't pay one penny on it unless forced to by a judge, and I honestly feel that that won't happen.
They are grasping at straws hoping to scare you into paying a debt that you have no legal obligation for. If the shoe was on the other foot, i.e. YOU didn't pay then they could go after *her*, because she is the account holder. I am assuming that you were an Authorized User on her account, and that this was not a joint account.
Check out the following:
"http://www.mtgprofessor.com/a%20-%20credit%20issues/are_authorized_users_at_risk.htm" (remove any added spaces)
Especially:
Thanks Chrys and Guest for getting back to me. I forgot to say t
Thanks Chrys and Guest for getting back to me. I forgot to say that her account does appear of my credit report. So I don't know if that means it was a joint account or I was an authorized user or what. Does that make a difference. Also, her addresses have appeared on my credit report as well, I noticed recently which makes it very, very, very difficult for me to even obtain a credit report because of their verification requirements i.e. verify prior addresses and zip codes. It's just been a general pain in the butt. Thanks for the information. I'm feeling better
So if they don't produce anything that I've signed then do I need to do anything else?
Thanks.
Another thing. It's made it virtually impossible to get credit.
Another thing. It's made it virtually impossible to get credit. I even tried to refinance my car and was denied because of this current delinquency.
Quote:So if they don't produce anything that I've signed then do
Quote:
So if they don't produce anything that I've signed then do I need to do anything else? |
I believe this is a joint account as she is saying it still show
I believe this is a joint account as she is saying it still shows on her CR and she never mentioned it saying Authorized User on the CR. The problem under a joint account is they will try to stick you with bill :(. Unfortunately a small claims court case may be your only recourse but considering this is family......these things can be difficult. You can try having her work out a payment plan first but it sounds like a dead end road. Sorry to hear this and we all hope you can come to an agreement with your family member.
It is a moot point, Guest. *IF* it was a joint account, when
It is a moot point, Guest.
*IF* it was a joint account, when she closed her part, the creditor had the choice of continuing to grant credit to the 1 person on the account or to close it. They chose to keep it open.
She closed her account 14 years ago. It is very highly unlikely that they have *any* legal leg to stand on.
Follow up to above. So I sent the letters via registered and ce
Follow up to above.
So I sent the letters via registered and certified mail to the the 3 credit reporting agencies, the the creditor and the lawyer to which they had handed over the case. I got responses from Equifax and Transunion. The items is still reported on my credit report but is listed as a dispute. I have yet to hear from the other credit reporting agency and I haven't even heard from the creditor or the lawyer. I know that the letters were received because the delivery confirmation but I have not received the verification of signature via certified mail. It has been over 30 days.
So do I need to send the letters out again?
Thanks.