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#1
07-22-2003, 08:46 PM
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 is joint user the same as.....secondary userWhat is the name of your state? ca my mom was helping me establish credit...she added me to her account. i used it twice and paid it 4 times. she passed away, they removed her and want me to pay. i sent certified letters to validate the debt they say i owe and send the original application of me asking to be a "joint user". they sent an application with "secondary user" and no debt validation. i have her original instant advantage check from 2000 opening the account and statements for the last 3 years it has been open. what are my rights and should i go to small claims? or am i obligated? Last edited by celitag; 07-22-2003 at 08:54 PM. |
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#2
07-23-2003, 09:46 AM
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| If you are an authorized user only, then in most cases you are not liable for the debt. However, you *may* be liable for the charges you DID make. You would NOT be liable for the entire debt of a deceased person. They removed her name from the account ?? On what grounds and on who's request ???
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#3
07-23-2003, 10:07 AM
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| Has this been listed on your credit report. |
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#4
07-23-2003, 02:21 PM
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| yes it is on my credit and shows 60 days late now, my mom passed on march 10, 2003. fleet removed her name because she passed away and put everything in mine, but i called a few times and they have her birthday instead of mine and my grandma's maiden name, instead of hers. all they're info is messed up, all her old statements before march have her name on them, after march they are in my name. i will be more than happy to pay what i charged but not all of it. i have the receipts of what i charged under 100$, BUT HER BALANCE NOW IS 4200. MOSTLY FINANCE. THANKS you guys are great... Last edited by celitag; 07-23-2003 at 08:22 PM. |
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#5
07-23-2003, 02:27 PM
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| Force them to validate and produce something on it with your signature. CA has some pretty restrictive consumer laws and the CA version of the FDCPA is not only more restrictive, but it also applies to original creditors where the FDCPA does not. If you were not added as a JOINT account holder, I don't think they can even get away with putting the account in your name after your mother's death.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#6
07-23-2003, 02:31 PM
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| OK, an authorized user is not liable. A couple of credit card companies have been caought pulling this stuff when the primary files BK. MBNA lost a lawsuit this year and it's my understanding that a large lawsuit seeking class action status is going to be filed soon in a midwestern city against another bank. Let me cast around and see if I can get some more info. |
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#7
07-23-2003, 02:35 PM
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| so as far as secondary, i have a case??? |
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#8
07-23-2003, 02:40 PM
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| thanks i'll b checking in later.... i did a little home work and "secondary user" is the same, but i know they can't validate the debts, cause i only charged twice. can i still fight this in small claims???? Last edited by celitag; 07-23-2003 at 08:57 PM. |
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