cc charge-off,not mine

Discussion in 'Credit Talk' started by jcr, Aug 11, 2003.

  1. jcr

    jcr Well-Known Member

    Re: Re: cc charge-off,not mine

    When my mother applied for this account,she had no need to put me down as co-app to obtain the card,her credit at the time she applied for the card was great.So it is'nt a case of where she used my name so she could obtain the card.

    thank's JCR
     
  2. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: cc charge-off,not mine

     
  3. jcr

    jcr Well-Known Member

    Re: Re: Re: cc charge-off,not mine

    She said she wanted my name on the account in case I ever needed some emergency money I could use the card,kind of ironic is'nt it,she fraudulently put's my name down on the credit app. so if I ever need to use the card,I can do so without committing CC fraud.Her reasoning on this kind of confuses me too.But it's water under the bridge.

    thank's JCR
     
  4. jcr

    jcr Well-Known Member

    Re: Re: Re: cc charge-off,not mine

    She said she wanted my name on the account in case I ever needed some emergency money I could use the card,kind of ironic is'nt it,she fraudulently put's my name down on the credit app. so if I ever need to use the card,I can do so without committing CC fraud.Her reasoning on this kind of confuses me too.But it's water under the bridge.

    thank's JCR
     
  5. jcr

    jcr Well-Known Member

    Re: Re: Re: cc charge-off,not mine

    Oops,a little trigger happy.
     
  6. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: cc charge-off,not mine

    She should have made you an AU then instead.
    PS
    This would have avoided the mess both of you are in now.
     
  7. bizwiz41

    bizwiz41 Well-Known Member

    Re: Re: cc charge-off,not mine

    Glad to hear from you JCR,

    Hope you've made some progress with this issue. I too suggest you send the sample letter above for validation, to cover yourself. It is a well written letter, and do not worry, it can't do any harm.

    Please update us as to progress and status; have you found out anything else?

    I think this can be handled w/o initiating "fraud" charges. BUT...a payment plan will have to be worked out. I would try to go back to the CC Co. for that.

    Again, Good Luck
     
  8. jcr

    jcr Well-Known Member

    Re: Re: Re: Re: cc charge-off,not mine

    I agree completely,as I said earlier I don't follow her reasoning on this,but the fact remain's,she did what she did.Now I don't want this to sound like this is all about me and screw mom,but the way I see it is she really does'nt have a mess.As I mentioned earlier,she is elderly,not in good health,home was repo'd,has doctor bill's she struggles to pay,I help her with these,she has nothing of any value.Her credit is obviously screwed anyway,and to be honest, at this point in her life she does'nt need any.So for somebody to file a lawsuit against her is pissing in the wind,they have nothing to gain monetarily.Now keeping in mind I don't want to do anything to hurt my mom,do I have anything to lose from sending the CA a letter of validation,as you suggested lbrown59.

    thank you JCR
     
  9. jcr

    jcr Well-Known Member

    Re: Re: Re: Re: cc charge-off,not mine

    Thank's bizwiz,you must have posted your last post just before I posted my last post,so don't think I'm not paying attention,LOL,and no I hav'nt found out anything new ,but I am still researching.You know I am just trying to find out what all of my option's are,and from there find out what my first step should be.And I want to thank everybody for all of their replie's and suggestion's,I don't feel quite so alone in this now.

    thank you JCR
     
  10. jcr

    jcr Well-Known Member

    Re: Re: Re: Re: cc charge-off,not mine

    This may be a little off of the subject, but I went down to the local credit bureau to get a current copy of my credit report,and they no longer do this.So where is a good place online to get my credit report.

    thank you JCR
     
  11. bizwiz41

    bizwiz41 Well-Known Member

    Re: Re: Re: Re: cc charge-off,not mine

    JCR

    For a copy of your report, go to http://www.myfico.com/. You'll be able to pull all your reports, or just the ones you want. This site will also give you your credit score along w/the report...Good info.

    Put in rep110 under promotional code to get 10% off!!
     
  12. jshimmer

    jshimmer Well-Known Member

    Re: Re: Re: cc charge-off,not mine

    "Great" is a completely subjective and relative term. If she didn't need you on there to GET IT (which you can't say for 100% certain that she WOULD have gotten THAT card without you on there), then she should NOT have put you on as "CO-APPLICANT" and, by nature of the application form itself, forged your signature.

    "Really, Your Honor. I didn't mean to forge my son's signature on that car loan. But in case something happened and I couldn't drive anymore, I wanted him to be able to take care of the car. Oh, yea, BTW -- I never TOLD him that I put him on as Co-Applicant, used his info or signed his name."

    That wouldn't go very far ...

    Keep us up to date. I'm curious to find out how all this works out with the CC company, the legal end of it and such.
     
  13. jcr

    jcr Well-Known Member

    Re: Re: Re: cc charge-off,not mine

    Allright jshimmer,great is a subjective term,you are going to have to take me for my word on this,at the time my mother applied for this card,she had nothing
    negative on her credit report,she gained nothing from using my name as co-app.Not trying to come across as a smart-ass.I genuinely appreciate your point of view,and your taking time to post.I want to see the big picture,which include's the good with the bad.

    thank's JCR
     
  14. bizwiz41

    bizwiz41 Well-Known Member

    Re: Re: Re: cc charge-off,not mine

    JCR,

    Hope all is going well, and have you found out anything new yet?

    Upon further thought, I think you need to "divide and conquer this situation. You really have two issues here:

    1) The charge off on your credit report/any responsibility for the debt

    2) Your Mom's debt(s) and situation

    So, again, Lbrown59 wrote an excellent sample of a dispute letter to send CERTIFIED to the Collection Agency. THIS WILL ALL COME DOWN TO THE SIGNATURE CARD AND THE CC Co.'s ABILITY TO FURNISH IT!

    You will need to verify that you are STILL on the account.


    Regarding your Mom, once you have straightened out the item with YOUR CREDIT...You may want to discuss the possibility of filing bankruptcy for your Mom. If the situation is as you described, then she cqan only gain. If she will not need credit, she will be able to protect her house, and remove the stress of dealing with other situations such as this one. I would have to assume that there are other debts out there that will soon be an issue, if they're not already.

    The "Debt Validation" is key, REMEMBER, the CA or CC Co. is claiming you owe them, the INITIAL BURDEN OF PROOF IS ON THEM. Once they have PROVEN your are "legally responsible", then the issue of "Fraud" may enter. But I agree with you, in "reality", I cannot see a judge, (or especially a jury), construing this as intentional fraud. No one would submit that your mother so many years ago, INTENDED to get into financial trouble and place the responsibility on you.

    Hang In There, You're Not Alone....
     
  15. Gersh

    Gersh Well-Known Member

    Re: Re: Re: cc charge-off,not mine

    JCR!!!

    This is very very important!!

    There is a world of difference between a co-applicant and a authorized user.

    As an authorized user, you would still be able to use the card. I believe that the credit application would not have required your signature. As an authorized user you may not be liable for the bad credit or the past due debts on the account.

    As a co-applicant, your signature would have been required for the application (or it's rough equivalent in this electronic age). As a co-applicant you are responsible for the bills.

    Again .. the question is authorized user or co-applicant?

    very very very important!!

    If your mom put in your name as a authorized user, she did nothing wrong. This is something that could be done without your knowledge.

    If she did this, the CC and the CA need to get off your case ASAP.

     
  16. jcr

    jcr Well-Known Member

    Re: Re: Re: cc charge-off,not mine

    I asked my mother about the AU vs. co-app,and she cannot remember the detail's.I viewed my credit report yesterday,and two of the CRA's are reporting it as joint,and the other as co-app.Don't know if that mean's anything. Sound's to me like I need to get a copy of the original credit app. BY the way ,thank's for the info on the website bizwiz.

    thank's JCR
     
  17. Gersh

    Gersh Well-Known Member

    Re: Re: Re: cc charge-off,not mine

    You need to find out in detail!!!

    It sounds like she had authorized user in mind when she filled out the app.
     
  18. jcr

    jcr Well-Known Member

    Re: Re: Re: cc charge-off,not mine

    If she did this, the CC and the CA need to get off your case ASAP


    Gersh,to clear this up a little bit,I have never been contacted by the CC company,I received 1 phone call from a CA,he started out with the scare tactic's,five day's to pay the account off before he served me with paper's,etc..I told him I wanted to see a copy of the credit app ,when I told him this his attitude changed completely.From the moment I started talking to him,I could'nt get a word in edgewise,but when I told him that he was quiet for a few second's,when he started talking again ,he was talking slower and trying to sound friendly,and this is what really PO'd me,he tell's me that he thought I was an honest person who would like to pay my bill's.He had obviously looked at my credit report,because he told me the only bad mark on my credit was this account.I stopped him and said,two minute's ago you were telling me what a deadbeat piece of crap I am for not paying my bill's,now you're telling me I am an honest person who would like to pay my bill's.I told him until he could show me a credit-app with MY name on it,THAT I HAD SIGNED,to FO.That's the only person I have talked to,and this was back in march of 2002,since then nothing,no phone call's,no letter's nothing.MY mother will receive a phone call rarely,one every six month's or so.

    Thank's JCR
     
  19. jcr

    jcr Well-Known Member

    Re: Re: Re: cc charge-off,not mine

    Couple of question's here,I was looking at my credit report yesterday,and where it list's the iquirie's that have been made,it show's a CA made an inquiry in march of 2002.
    Is it legal for them to do this?

    Second question,in the creditor section it list's this same CA.
    Does this mean that they have purchased the debt in hope's of recovering something?
    Once again I really appreciate EVERYBODY taking the time to respond.

    Thank's JCR
     
  20. Gersh

    Gersh Well-Known Member

    Re: Re: Re: Re: cc charge-off,not mine

    This stuff is still on your credit reports, correct? When I said "back off" I meant that the bad notations on your file need to be removed.

    Most of the replies that you have received here seem to indicate that they (the folks that replied) think you were a co-applicant.

    If your mother didn't list you as co-applicant and did list you as authorized user than there is no fraud issue. In this case, you don't need to trash your mother to clear up your credit.
     

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