Hi all! I have an account with CapOne that is 3yrs deliquent. It's been charged off for quite awhile and been shopped around to a lot of CAs. In Jan. another CA sent a letter with the usual stuff and I decided to send DV (yes CRRR) I received letter back from them telling me that it may take awhile to received verification and just to wait. Well they sent me a copy of my sig on original contract and 2 statements from 2003 this past Saturday (4/22) and said that OC has taken account back. Today received letter from Weltman,Weinberg & Reis that they now have account and want to settle for 75% of balance. Here's my dilemma: DH is an authorized user only and account is listed as joint account on CR. They can't get a judgment on me because I have no assets and no job. If I send copy of my sig on original contract to the CRAs do you think they will take it off before it goes any further with the fake lawyers? Should I DV the lawyers? Also the lawyers sent same letter under DH's name. Any suggestion? Thanks
If you don't appear in a possible court action, they can get a default judgment and while they may have trouble collecting, it'll sit on your CR. If you and DH have a joint checking or savings account, that's one of the first items targeted.
Are the lawyers CA's? Or are they in-house? If they're in-house, then I believe there's case law that says they aren't CA's, and thus DV under FDCPA is worthless. You may not have the assets to pay a judgment, but a judgment can still be ordered against you. And the SOLs on those can be LOOOONG.
>>If you don't appear in a possible court action, they can get a default judgment and while they may have trouble collecting, it'll sit on your CR. >> >>If you and DH have a joint checking or savings account, that's one of the first items targeted.>>> This account is only mine so in Pa the SOL is 4 yrs to sue and they can't touch anything joint if they plan on suing on an account that is only mine. He is not responsible as an AU. I don't think these guys are in-house. I saw them at budd hibbs website and these clowns are definite bottom feeders. My question to the forums had to do with my DH credit report showing that this is a joint account when I have proof that it isn't. Please read my original post carefully and advise. Thanks again.
"DH is an authorized user only and account is listed as joint account on CR." His & yours? If it's being erroneously reported on his CR, he should dispute with the CRA that he is not and never has been a joint owner of the TL. "He's not responsible as the AU." No, he isn't. He knows he's an AU, the CA doesn't or doesn't care. Since DH also received an identical CA letter, *DH* should send a DV letter to the current CA disputing the account and include a statement that he has never "owned" this alleged account. DH should put it on the record that the CA's false claim was challenged in a timely and lawful manner. If they do it once, they'll do it twice and DH would have evidence if he ever needed to bring this matter before a judge.
Perhaps we should remain quiet, for now, on the misreporting, until the account can be resolved. THEN use the misreporting to force a deletion. : )~
