This site has helped me so much in the past few weeks I thought I would post this here rather than waste time doing an internet search. I have two accounts on my CR's from a CA. I knew nothing about these accounts so I sent a letter, The CA responded with a copy of a computer printout from a doctors office, all it shows is account info no contract. And the account is in my wife's name! Is it legal for this CA to place my wife's accounts on my CR? I have nothing to do with the accounts, they are from a freakin gynocologist!! If this is not legal PLEASE let me know ASAP! It's 2:30 Alaska time and this company is open until 5:00pm today. please let me know a statute or law (I can't find anything in the FDCPA) so I can print it out and shove it down their throats. this company has done far worse to me but I could never prove their actions, if this is illegal I have them! Please respond ASAP. You people have no idea how much you have helped me in the last few weeks, I really appreciate it. Thanks, Susitna
I could be wrong but I don't think there's any way that your wife's info should be on your credit report. Hopefully someone else here would know, but I'm sure they have no right to have that on your report. Problem is, once you get it off of yours it will most likely appear on your wife's. I'd call the company and demand that they show how your info appeared on there (Including signature)... GT
Personally, I would use the following statutes from the FCDPA. § 807. False or misleading representations [15 USC 1962e] (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. § 809. Validation of debts [15 USC 1692g] a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. They have to have some knowledge that the debt is not yours and I am sure you have communicated this to them, hopefully, in writing. Also, I would dispute the debt with the CRA's and I would send a validation letter. There is no way that they can validate the debt, unless she was under your Insurance, and you did not pay. Then the debt would fall squarely on your shoulders as the primary holder of the account. Good Luck, I hope this helps
Thanks for the response. If I can get some info from the board I going to do alot more than call, I'm going down there and make them delete it immediately. These scumbags have tried to put the screws to me and I am really out to get them. They sued my wife for some old accounts, including some that were in my name. She kept it from me because she thought I would go postal on the CA. They ended up getting a default judgment because she didn't show up at court. I am trying to get the judgment set aside since they sued her for one of my accounts. Anyways, I would love to get some info and go down there today.
Go down there? Thats a little too much emotion if you ask me. (however, you are not asking) If you really want to screw them, do everything via mail, so that you form a paper trail. That way, when they validate the debt incorrectly, you may have recourse for filing a suit in small claims court. So keep a paper trail. Them stick it to them!!!!!!
Reshod, thanks (the earlier post was for dfwgt) this debt is all hers, no insurance at the time. I have disputed this with the CA and thats when I found out it wasn't even mine. the FDCPA helps but these idiots are dense, I need to find something that specifically states that it has to be in my name. I am going to check the Equal Credit Opportunity Act, I thought there was something about a husband and wife's debt being separate. Thanks for your response
In the past I have received bills from my wifeâ??s doctor addressed to me with no mention of her at all. When I complained they told me that as far as the law is concerned we are both equally responsible so it did not matter. I would be interested in hearing what you learn. Did they sue just her, or did they sue you both jointly? Since you are married does it matter which one of you they sue?
Mike 101 I am trying to find out some laws regarding this, but as far as the lawsuit is concerned, they only sued my wife, what stinks is she thought with all the trouble we have had with this and another CA that I would lose it and delclare open season on them. The lawsuit was in small claims and was a joke, I really wish she would have told me about it, When I reveiwed the paperwork it was full of holes, the CA was suing her for debts that were beyond the SOA and debts which were my responsibilty to pay she had nothing to do with them. These debts are all past the SOL now and our situation has changed, I pay my bills ontime now, have insurance and can afford to hire an attorney to litigate. I just would like to avoid that if at all possible I like to handle my own problems and these bill collectors are so stupid it doesn't take a genuis to fight them. If I can find some info from the Equal Credit Opportunity Act, I will post it here for future reference. Thanks Susitna
Hey Susitna, Email me and let me know who you are dealing with. Just in case I have to deal with the same people. I'm in Ak as well.
I hate to keep bumping this but I can only find a vague mention of this being illegal in the Equal Credit Opportunity Act and I'm not sure if the Act even related to credit reporting. I need some expert advice.(that doesn't charge $125.00 an hour)
The way I understsnd it individual accounts in Husb.name go on husbs. report.Idv.Accts. in wifes name go on wifes report.Joint accounts go on both reports. Putting a Husband or Wifes Indv.account on the spouses report is a no no.and is inaccurate.
