Hello all: Ok here's the situation. First of all I disputed with the 3 CRA's about a Charged off credit card that I know was mine. I then sent a Validation letter to the Credit Card company requesting written proof. I recieved the typical letter back from them stating that they recived my dispute from the credit reporting agencies regarding my account and would further investigate. Enclosed was the familiar "AFFIDAVIT OF FACT-FRAUDULENT CREDIT APPLICATION" the one that you sign stating that you never applied for the card on and on. Upon reciept of the information the Fraud department would contact me. As I stated before, I know this account was mine and I know that I used it for purchases that I signed for HOWEVER, enclosed in this letter from the Credit Card Company was a copy of the Application for the Credit Card. It clearly is not my signature!!! It is my ex wife's hand writing and she signed my name and added herself as an additional card holder!!!! Here is what happened, When I was younger and very stupid about my credit my Ex wife just handed me the credit card and said here this is your. So the question is what should I do???? Again I know that I made purchases with the card and signed the recipts for those purchases so there could be evidence of that in the credit card companies file--but the original application is signed by my ex wife. The signature is close to mine but I know it is her writing. Please I need help with this matter. Thank You in Advance.
What the CA is trying to do is shift the burden from them to you. FDCPA places the burden of (a) proving your legal liability for the debt - which a forged signature on the Application certainly does NOT do and (b) proving the amount claimed as owed from a Zero balance to the amount currently owed. Since you did use the card, I would think your argument would be that you believed the card was your ex-wife's and you were the AU, not the other way around. AU's have no liability for the debt.
This is not to a CA, rather an OC. I still am not sure what my course of action should be. Anyone have any step by step suggestions.
Re: Re: Need Good Advice I understand that dealing with CA and OC is similar. My question still remains, what should I do? Do I sign the affidavit stating that it is a fraudulant original Application? Do I send them a letter stating that it is not my signature? What do I do?
Re: Re: Need Good Advice Numb. Take a look at the bottom of the "affidavit" and tell me if it has the perjury line in there. Ya know, "under penalty of perjury" and all that. Also are you supposed to notarize it? ??? ?
Re: Re: Need Good Advice AFFIDAVIIT OF FACT_FRAUDULANT CREDIT APPLICATION This affidavitt concerns credit card acoount # 123456789 I __________________have never applied for a credit card,nor have I relinquished any personal information about my residency,or income,for the purpose of obtaining credit with First Bank. I certify that I have not given anyone to apply for such an account, and I further certify that I have not benifited in any way from this fraudulant application. This Affidavitt of Fact is true and correct to the best of my knowledge. Signatue_______________Date_________________ SS#___________________________ Address__________________________ Telephone_____________________ Ihave reason to believe the folowing individual is responsible and/or utilizing the credit card account described above.
Re: Re: Need Good Advice Sorry forgot to include: No statment "Under Penalty of Perjury" Nor does it ask for Notarization Thanks Butch
Re: Re: Need Good Advice I'm not necessarily recommending this Numb. It's your own personal decision. Based upon what you describe, and the fact that this is not a true affidavit, it would be profoundly difficult for them to prove an eliment of "willfulness" when they can't even prove it's not your sig. on the app. I do know Lizardking got out of about $35,000 of legit debt this way. And his WERE legal aff's. lol The real affidavits are under penalty of perjury, like what's on your tax returns. The fact that they just sent you this silly little statement makes me think they're already hardpressed to prove it anyway, so lets see if he'll sign off on it. Once you do then they'll most likely just close it out and delete the TL. They just need something for their files to show they tried, before they write it off as a debt loss in case they get audited or somethin. It would also depend to some extent on how long ago your last transaction was. Anything over about a year ago you're probably home free. On the other hand Numb, the problem might be, will you have to spend time looking over your shoulder waiting for the "other shoe to drop." If it ever came down to it you can always say "hey I really didn't think it was mine, because that's NOT my sig on the app., sorry, DUH." It's always better to beg for forgiveness than to ask for permission. If it's not too large (and doesn't sound like it is) maybe making a new deal with the OC, in exchange for deletion may be best. I don't know ole buddy, tuff call. I guess we can help ya think about it from all the different angles but here's one you gotta make. I know it's a bitch. Let us know wut yer thinkin. .
Re: Re: Need Good Advice Ok Butch thank you for your insight. Let me give you a little more info....This is for a $7,400 debt and they charged it off in 4/98. I know that this is a response from the CRA dispute and not from the validation letter I sent them. The part that bothers me is that it says the fraud department will be contacting me when they recieve the affidavitt. Should I wait to see what they send me in response to the Validation letter? Should I fire off a letter stating I recieved thier request for affidavitt with the enclosed FORGED application? Should I explain to them that the signature is not mine and my ex "Issued" the card to me with me "believing" it was her card and I was an AU?
Re: Re: Need Good Advice I had something similar happen to me with a Rhodes furniture account. My wife got this card while I was overseas serving in the first gulf war. Same deal as you, she signed my name, and gave me the card when I returned home. I thought I was the AU, until the divorce. The Judge gave the debt to her, when she admitted she had signed the card. She really did not have a choice as it was easy to prove I was overseas on the day the account was opened. I sent a copy of the divorce papers that showed she was assigned the debt to the CRA's and it was remove from all 3 in just a few days.
Re: Re: Need Good Advice I feel for you...I thought it was rough over there but this credit stuff has proved to more difficult than 120 degree weather and sand diet.
Re: Re: Re: Need Good Advice It is doubtful you could make that fly without filing fraud charges against your ex. You wanna bet they'd want to see the fraud report? Gib
Re: Re: Re: Need Good Advice So I am still al little perplexed as to what I Should do . The Account was oppened 9/1995 Paid off 5/1998 The status as of 5/1998: Payment after charge off/collection. On one of the reports ( TU) the balance is reported as $0 the other two show the $7,400 amount.
Re: Re: Re: Need Good Advice Hello everyone just anxious to reply or not reply to the OC. Loooking for everyones opinion or tips.
Re: Re: Re: Need Good Advice Sorry to be so persistant here it has beemn over a week since I got the affidavitt request from these guys. Is it everyones opinion that I should ignore thier request? How do I address the fact that they sent me a copy of the Credit card application with my name on it Including my FORGED signature by my ex wife?
