Thank you all for the real life information. I hope to start contributing my input to the board based on my results. My wife is disputing being added to my BankOne Visa with the CRA. The account balance is large and very near the credit limit but has not been late for 3 years. The account is current and I am not disputing the balance; only that BO showing up on her credit report. I received a letter from BO indicating all charges will be denied on my card until this matter is resolved. They also sent a letter for her to sign that she has never used my card. Does anyone know if this is legal or normal. Based on your form letters and my excel spread sheet skills I proved to Bell Atlantic that I was over charged by MCI for long distance international call. Yesterday I got a letter stating that I was right on some of the disputed call but not all of them. Bell Atlantic reduced the disputed amount by $511. Should that automatically take the account out of collections and remove the negative information from my credit report. Also should I ask to be reimbursed for my 6 hours of research time. If it does take it out of collections and remove negative information, should I just pay them $1K and call it a day.
I don't know if this helps but I do know that in a state where there's community property (CP), there may be a claim that the debt is partially attributable to your wife's if the debt was (1) both incurred during the marriage AND (2) used to benefit the community. If you're not in a CP state (most western states such as CA, NV and WI do have CP laws) I can't imagine what legal basis exists to hang her on the large balance. As far as the document they want her to sign stating whether or not she's charged on your card, IF she signs it she is basically stating that (1) not only is she not responsible for any of the charges but maybe they want her to say (2) YOU are (unless you contest them). Be aware of your laws in your state on evidentiary privileges; that statement may be useless against you if you have a favorable law. Use your internet to read your state's laws on that, it should be online as a public record anywhere (such as findlaw.com). I can't give an opinion on whether you wife should sign, but it would help her to sign it UNLESS it's a CP state anyway. The likelihood that they will be able to prove that the charges benefited her are pretty small though. I cannot imagine their actively putting her as a debtor on the card unless there is some contractual basis to do that, unless there is some statutory basis that I don't know about (varies with state and federal law). I would want to know the legal basis for their doing that...you shouln't have to guess as to why... and to do that you may have to draft a cease and desist letter or something to indicate that UNLESS there is a legal basis that it could be actionable against the debtor and the CRA, then they should change her as a user on the card. Basically, you are wanting to know, "Show me what I (she) signed making her responsible or else show me the legal basis on which you claim this is lawful OR ELSE I will bring a suit based on any applicable claims." Since I don't know what claims you need to make, "any applicable claims" would be subject to your attorney's interpretation. Hope I understood your note and hope that helps some.
.1* Should that automatically take the account out of collections and remove the negative information from my credit report. 2*should I just pay them $1K and call it a day. dcj120 ================= 1*About the only thing automatic is the screwing one gets from scoring and reporting. 2*Never never ever just pay anything.Good way to get railroaded! """"```--~~~~~~~~~--```'""''' Gotta Love Sheriff Joe. [color=dark blue]In Arizona they are having a heat wave now.... hot enough to melt candles, cause dogs to get heat stroke from the pavement.... well the inmates are griping how hot and inhumane it is there.... they live in tents there since the sheriff.... my hero Joe Araphio makes them live in tents and wear pink prison suits.... they gripe how hot and inhumane it is....and his response???? Joe Arphaio, the tough-guy sheriff who created the tent city and long ago started making his prisoners wear pink, is not sympathetic. He said Wednesday that he told the inmates: "It's 120 degrees in Iraq and the soldiers are living in tents and they didn't commit any crimes, so shut your mouths."[/color] THE END ** *** ** LB 59
tolstoy THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' .1* Should that automatically take the account out of collections and remove the negative information from my credit report. 2*should I just pay them $1K and call it a day. dcj120 ================= 1*About the only thing automatic is the screwing one gets from scoring and reporting. 2*Never never ever just pay anything.Good way to get railroaded! """"```--~~~~~~~~~--```'""''' Gotta Love Sheriff Joe. [color=dark blue]In Arizona they are having a heat wave now.... hot enough to melt candles, cause dogs to get heat stroke from the pavement.... well the inmates are griping how hot and inhumane it is there.... they live in tents there since the sheriff.... my hero Joe Araphio makes them live in tents and wear pink prison suits.... they gripe how hot and inhumane it is....and his response???? Joe Arphaio, the tough-guy sheriff who created the tent city and long ago started making his prisoners wear pink, is not sympathetic. He said Wednesday that he told the inmates: "It's 120 degrees in Iraq and the soldiers are living in tents and they didn't commit any crimes, so shut your mouths."[/color] THE END ** *** ** LB 59
