In 12-98, I purchased a appliance item that cost $1604. I signed a credit application and agreement to include a finance charge of $336 and was supposed to start 24 payments in Feb of 1999. I put my and my husbands info and signed for both of us. It is clearly my signature not his, and the sales person encouraged and witnessed me doing this. I never made a payment. The account was originally listed by the OC and I disputed that about 9 months ago and it dropped. I tried to validate with the OC and the letter came back for a bad address. October 21 I sent out a validation for a CA on my and DH report. They responded in Nov with a copy of the application and agreement including a signed and dated (10-28) form by the OC stating "Dispute is unfounded, please continue collection efforts". The only $ amount is from the original agreement for $1940 total.It states the 19% interest totals $336 and that the late fee is 5%. (I am in Calif. and CA is in Utah)There is no statement or accounting as to why CA is listing it at $1000 over the original amount. On DHs report it is listing twice with EQ, same account number, one amount of $2970 and one amount of $2539. TU is at $2970. No EX listing. On my reports, it lists on EQ as $2917, TU as $2972. All entries show as an open account and date open of Feb 2002. My main concerns.... 1) Can I get it off DHs report since he didn't sign the original? DH even said he'd send a copy to CRAs with DL to show sig doesn't match. But didn't want to "kill" me. 2) Duplicate acct came back verified on his from EQ. 3) Shouldn't validation include a statement accounting for all charges to equal whats on my reports even if no payment was ever made? My agreement says late payments are 5%. I think it is legal to charge interest in Calif by a CA but how do I find out for sure? Can that accumulate forever? I am not going to pay since this is 5 years old...but want to nail them or use the "rules" get it removed in anyway possible. The CA has not sent anything since we recieved the copies. Actually they never have contacted me. Thanks in advance for educating me!
I don't see how unless he swears you committed a fraud by signing his name. Start with a procedures request. I like to be "insulted" when I write them. How in the world did you verify the exact same accounts are both accurate. Please provide me with blah blah Statements should account for all amounts they are trying to collect from you. If you read your agreement, even though it sounds like its closed end there is probably a default interest rate inclusion. Can they accumulate forever? They can attempt to collect forever (in most states), just if they sue you SOL is an affirmative defense - one you must raise, then they can't collect anything! Maybe this will get some others talking.
You wrote" 1) Can I get it off DHs report since he didn't sign the original? DH even said he'd send a copy to CRAs with DL to show sig doesn't match. But didn't want to "kill" me. --YES, see below--But DO NOT UNDER ANY CIRCUMSTANCES SEND A CRA ANYTHING THAT CAN ADMIT YOU OR SPOUSE OWES A DEBT! NEVER EVER EVER!!!!! They keep things on file! 2) Duplicate acct came back verified on his from EQ. --He needs to request validation in his own letter, not on yours. Let this CA send the application copy with his signiture on it, along with the account information and full accounting in his name. When they realize they have nothing legal on him, they will either delete his TL's or you will sue them for fraud. 3) Shouldn't validation include a statement accounting for all charges to equal whats on my reports even if no payment was ever made? --YES. It has to be a COMPLETE accounting. My agreement says late payments are 5%. I think it is legal to charge interest in Calif by a CA but how do I find out for sure? Can that accumulate forever? --I am not sure about this one. Sorry! I am not going to pay since this is 5 years old...but want to nail them or use the "rules" get it removed in anyway possible. --What is the state of California's SOL on this type of debt? The CA has not sent anything since we recieved the copies. Actually they never have contacted me. --Is the TL still on your CR? Maybe they are ceasing collection activty. I doubt it though. Follow this thread to my cross validation process that I think might work for you, even though your debt is over $1000. Read thru it and you'll see what I mean. This method will walk these jokers into a couple of violations: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=394192#post394192 Good luck and keep us posted.
Refor experts in some states you can legally sign for spouse. is it past the SOL - sorry long posts, didn't see if that was mentioned. why don't you want to pay? did you return the appliances or something?
