I was simply listed as authorized to use the account. Accoring to the issuing bank, the card holder has to write a letter to remove me from the account, which he never did, and now I'm being sued for the debt. Can I dispute this?
Would that be American Express? If you are truly an authorized user, rather than a joint account holder, you have no contractural liability to pay the debt. Are you getting collection letters from CA's? Need some more details.
It's Chase Manahattan Bank and I have a letter from an attorney. I never received any other information from the bank regarding the debt. They never contacted me about it until I received this letter the other day. That's why I'm dumbfounded. I couldn't get a card on my own and asked my boyfriend to add my name to his account. I'll swear on my grandmother's grave that I didn't sign the application. I didn't give them any credit information about my person at all. Any help is appreciated!
Well, believe it or not, its a good thing you got a letter from an attorney! He is a CA. Proceed with validation, and make them prove you are joint vs. AU. Good luck!
How hard is that? I'm going to meet with my attorney next week for him to respond to the letter. or should I? Thanks for your help!
Save your money on the attorney for right now. You can do it yourself! Thats what we all do every day. I would start by reading the post "What is Validation" by Butch, I think today it is somewhere on the 1st page. Also, take a look at the INTRO threads stuck to the top of the page. Read them, then read them again, then read them a 3rd time LOL. It takes a while for it all to sink in.
BTW - what exactly did the letter say? Was there something like "Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid"....
What's the story here? Have you been sued or not? If they have filed against you and, you've a lawyer then by all means see the lawyer. You've no liability as an AU.
Keepmine, thanks for pointing that out...I dropped the ball. jlynn ============= It fell in your coffee cup! LOL THE END ** ***
jlynn, The letter is exactly as you say. However, it starts out with "You have promised to make payment on the above claim, but it appears that you have failed to do so." In the first place, they contact me 2 years ago regarding this and I told them I was an AU. They told me how to get my name taken off and I gave them the contact info for the a$$ that I was dating who did this to me. I haven't heard a word from them since. So I don't see where they get off saying I promised to pay them anything. Getting a little self-riteous, I know. The rest is basic, I assume. "Unless you, the consuemr, within thirty days after receipt of this notice, dispute the validity of the debt, or any portion thereof, this office will assume this debt is valid. If you, the consumer, notify us in writing within the thirt-day period that if the debt, or any portiong thereos, is disputed, we will obtain verifiaction of the debt or a copy of a judgement against you, the consumer, and a copy of such verification or judgement will be mailed to you by our office. Upon your written request within the thiry-day perdio, we will provide you with the name and address of the original creditor, if differnt from the current creditor. If you notify our office inwriting to cease cotnact by telephone at your place of employment, no further such contact will be made. Please call our office immediately." I love the ALL CAPS! The creditor is CACV of Colorado, LLC and the original creditor si Chase Manhattan Bank. I think I will still see tha atty. It may just be the already pounding headache I have, but I know when I'm WAY over my head! I know enough to request the original contract, or copy, because I know I didn't sign anything, unless the schmuck I was dating forged it, that that would be pretty impossible. My signature is hard to copy. This is an excellent site and I wish I had stumbled on it a long time ago. I would have battled this on my terms and not theirs, but you all have been a great help and I will let EVERYONE know about your site. Thanks a bunch!
Well, I can understand you want to talk to an attorney. I will encourage you that you can do this yourself, but if its past your comfort level, then by all means seek out outside assistance. I would still search this site over the weekend, that way, if what the attorney says doesn't make sense, or it just doesn't sound right, you will be armed with some knowledge. Finally, read over the FDCPA, especially Secs. 805-810. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm You need to know CACV is a bottom feeder, and if they can, they will break every rule in the book.
Say I do do this on my own. How does it work? I send the letter to the CA and then what? Does the CA have to research it or do they give me the information for the Original Creditor (OC) and I send my validation letter to them? (I think I'm figuring out these acronyms.) Do I fill out part of the Creditor Discosure Statement or leave it all to them? I tried finding the answers to these Qs in the library, but I didn't see the section regarding CA disputes, just CRA disputes. Do I send the Debt Validation letter, Dispute Debt 02, or Prove it or remove it? The more I read, the more confused I get. Do I have to dispute with the CRA, too? or is that up to CA to tell the OC I'm disputing and the OC has to tell the CRA and that's where I want to trap them? Y'know that part in the movie Good Morning, Vietnam where Robin Williams is spouting out all those acronyms to that officer in the lounge and he's cracking everyone up? I feel like I'm that lounge. Sorry if I seem whiney or a little dependant, but I don't want to screw this up and owe 15K. If there was a manual I would read it. I'm reading all that I think applies, but like I said, most of it says CRA and not CA and I don't know if they're interchangeable. Thank you enomously for all your help!!
Re: Re: Authorized Signee Pays Debt? CA = Collection Agency (which can be an attorney) CRA= Credit Reporting Agency Yes, send the debt validation letter to the CA. Send it certified mail. The CA has to advise the OC of the dispute. They in turn have to send copies of the original paperwork to the CA to be forwarded to you. No, do not fill out any part of the Creditor Disclosure Statement. Who is reporting the tradeline (TL)? The OC or is it under the CA's name? Almost everyone is whiney in the beginning. Once you get it straight in your head, you will be flying solo! BTW - Did you read this thread?http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=343640#post343640 Inside the thread, in the first post, there are several excellent links to other posts. Might help you understand.
FlowerFrog, I'm working on exactly the same case and may prove to be a Million Dollar suit, also against Chase. We have already filed in Federal District Court, in demand of a jury trial. IT IS IMPERATIVE THAT YOU EMAIL ME AT ONCE: (Click on my name (blue name at the top left of this post) and when you get to the profile window click "Click here to email Butch"). TIME IS OF THE ESSENCE!!!!
Re: Re: Authorized Signee Pays Debt jlynn, Yes, I did stumble upon that thread and read it. That's where some of the more intelligent questions came from. But, I guess it's a whole different ballgame now that Butch is working on the same thing against the same OC. Now I don't know if I should be more relieved or more freaked. We'll see.
