Sigh, OK, let me phrase my question another way. The OC said they can't find the original application. (I disputed it being joint, I was supposed to be AU, its an unpaid c/o belonging to ex bf). They put in a request for 'tickets' (receipts?) July 5 (the same time they put in the request for the original app.) but haven't received them yet and put in another request for tickets yesterday. They said that they will only hold me responsible for what I owe on the card, I pay them and, THEN they will send me a letter saying no original application, delete...blah blah. Can I insist on a letter saying not joint now, not when/if they find the tickets?? Can they hold this letter like this? Pretty please, someone respond. Thank you... Melissa
If they cannot prove you were a joint cardholder, you owe them ZERO. An authorized user has no responsibilities for the card. They can charge, yes, but it is not their responsibility to pay for the charges. You said they put in the initial request for receipts or tickets on July 5. If they have not located them by now, they never will. If you want to be nice, give them until August 4, a full 30 days, at that point either call or fax them requiring that remove their tradeline from your report NOW. They're simply trying to trick you into paying for a debt that is not legally your responsibility to pay on. No orginal application, no proof of joint user = violation of the FCRA if they don't delete.
Think I could nicely request a letter be faxed to me now? Should I nicely bring up to them that they never marked my credit report as 'disputed'? With my luck, they'll magically find the original application, signed (As I said previously, this was 1995, I don't recall signing anything) with the 'tickets'. Paranoid Melissa
They're not going to find that application. Even if they did (which I highly doubt) you most likely didn't sign it anyway. I'm not quite sure what they're looking for in these 'tickets'. Even if this ticket/receipt shows that your card was used to make the purchase, you, being an AU are not responsible for it. You can be nice if you want, but the cold hard facts are: They have no application with your signature on it. They have no proof you were anything more than just an AU. They have violated the FCRA by not notifying the CRA's that you dispute the account. THEY are now liable to YOU for violating the FCRA. Like I said, you can be nice, but be firm as well. They don't care about you, they just want their money. They'll tell you 'what you want to hear' in order to get that money.
If you want EXTRA proof for the FUTURE...get a letter from them saying you are an AU (no contractual responsibility)...and the account will be removed... The account MAY come back to HAUNT YOU...
§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. http://www.ftc.gov/os/statutes/fcra.htm#623
Update Well, I guess they got sick of me calling because the CSR said that they were just going to delete me from the account since they still hadn't found the tickets (receipts) they requested and they faxed me a letter saying that I wasn't responsible for that account... =) So, I call EXP and say "Should I fax this or dispute it online?" & the CSR said that they DO NOT dispute the same way twice (a lie!! They've done it before) and that they WILL NOT accept any faxes, it has to be mailed......Geez they're difficult!
Re: Update purrkitty, Congratulations on your victory Here's a fax number for EX, it worked very recently. Fax the UDF, and attach a typed letter with your name, address, social securirty number, and date of birth. No need to explain, they'll know what to do. 972-390-3838
