I would like to know if any BK laws or bank fraud laws were broken.... If a person files for BK and right after that.. one of the accounts who were part of that BK.. then decides to takes that person (owner of the account) name off the account and now is saying that the AU (not married to the owner of the account and never used the account) of that account is the owner of that account and has been the owner of that account and the real owner of that account name just disappeared off that account. Any thoughts of what laws were broken here??? Lady
I don't know what laws may have been broken, but, an AU is not responsible for the debt as a cardholder or JOINT user would be. Talk to a lawyer.
Whoaaaa, Lady...wouldn't happen to be JC Penney would it? They did that to me. They ignored each letter I sent to them until I told them on the phone I had tried everything and gotten nothing but the run around and if this nice lady couldn't help me then I didn't feel like I had any options but to file suit. First and only time a threat to sue on the phone ever worked for me, but the lady told me a supervisor would call me back in 20 minutes and he actually did. He mailed me a letter apologizing profusely and it was deleted right away. If it turns out to be JCP, let me know and I'll try to dig out all my old notes and find this guy's name and phone number. L
I'm closely following Lady's case. A major CC company had her on as an AU on BF's (they are not married) account. BF files BK and absolves the debt. Later, creditor "slips" account owners (BF's) name off the account and "slips" Lady in as contractually responsible, begins aggressive collection activity. In the meantime they did a LOT of damage. Loss of opportunity, higher rates, destruction of otherwise good credit, declination for other offers, etc., etc. Question, 1) What specific BK laws can you see violated? I see contempt of court for one. 2) AU's are NOT contractually liable for the debt, correct? 3) How will they measure damage? 4) AU's are NOT required to sign anything? Sounds like a clear case of fraud to me. Lady justifiably wants gallons of blood.
I know there's co-debtor protections under the BK provisions itself, wonder if that extends to domestic partners. Other laws have changed for domestic partners, why not? Wasn't the chase case based on this very same thing? Sassy
You said you never used the card or the account. If you had, I would have to point out the little slip we all sign saying we will be responsible for the charges incurred. While AU's aren't responsible for the account, they can try to get you there. But since you never signed the card...I don't see how they could possibly dump this on you. I would file a complaint. At that point, you will get to someone who actually can assist you with the problem. Just my opinion. L
From Experian's on website: https://scorecard.experian.com/creditexpert/creditmanager/019_3_am_glossary.html Authorized user: Person permitted by a credit cardholder to charge goods and services on the cardholder's account. The card holder is responsible for charges made by an authorized user.
From Experian's on website: https://scorecard.experian.com/creditexpert/creditmanager/019_3_am_glossary.html Authorized user: Person permitted by a credit cardholder to charge goods and services on the cardholder's account. The card holder is responsible for charges made by an authorized user.
From Experian's on website: https://scorecard.experian.com/creditexpert/creditmanager/019_3_am_glossary.html Authorized user: Person permitted by a credit cardholder to charge goods and services on the cardholder's account. The card holder is responsible for charges made by an authorized user.
I wouldn't dispute anymore. I would go straight to a major lawsuit. These people are deliberately poisoning her credit. Gib
gib, She's not said if she's disputed at all or whether she has anything beyond the verbal saying they consider her the owner. I was thinking perhaps the tradeline for the BF was deleted for whatever reason and the AU entered on her reports remained instead of falling off with it. Not that I doubt the OC would take the time when deleting an account to make sure everything else is cleaned up as well ;-) Not! lol I was at one time listed as an AU on my mother's account, she closed it and had the tradeline subsequently removed. The AU listing is still on mine today, not a derog, just sitting there. Sassy
I would take one last stab at it and then sue. send a letter to oc/ca (certified return receipt) requesting verification that this is your account and dispute with them that it is your account. wait until they've had time to absorb that (15 days maybe) and send a dispute in to the cra(s) again certified return receipt disputing as 'not mine'. If it comes back verified then sue their asses off... but that's just my opinion...
