Never authorized cc in my name

What is the name of your state? Tx

My husband has a credit card (delinquent), that is also being reported in my name (contractually liable). My husband and I keep our finances totally separate and do not have joint accounts, with the exception of our mortgage, because I do not want to be responsible for someone else's credit and I do not want anyone else messing with mine. My credit is excellent (or was before this) and I want to keep it that way. I wrote the company a year ago and explained that this account should not be in my name, that I had never applied for credit with this company, never authorized my name to be on the account, never requested to be joint, never signed anything, never asked for a card, and never charged anything on the account. If they had anything showing proof that I ever did, to send it to me for verification of the debt. They did write me back and said that, at the time, they were unable to provide me with the documentation that I requested and that if it became available in the future, they would forward it to me. I called them and they said that their records showed that I originally authorized my name on the account via the telephone. I told them that I never did. If my husband, without thinking, just said 'yes, put my wife on the account', when he first opened it, but I never authorized anything, does that make me liable? I know Texas is a community property state, and, if he dies, I will pay all the bills! But do I owe that bill now? I say they need to give me proof that I authorized my name on the account.

[ConnorW]

You waid that they had sent you a letter saying that they were unable to produce your signature on anything, how long ago was that? Under the Fair Debt Collections Practices Act and the Fiar Debt Reporting Act they have 30 days, with a possible extension of an additional 15 to prove the debt or remove it from yoru credit report.

Depending om when they said they could not produce a contract signed by you, and if it was in writing, I'd do one of two things:

1 - Go straight to a letter letting them know that you have asked them to validate the debt under the Fair Debt Collection Practices Act and they have failed. Since they have failed to properly validate the debt they must remove it from your credit report or you will contact your attorney and have the attorney sue them for violation of the Fair Debt Collection practices Act, the Fair Debt Reporting Act and other grounds as your attorney sees fit.

2 - Send them a letter requesting validation of the debt including a copy of any contract with your signature on it. Send Certified with Return Receipt. If they fail to repspond with a copy of the contract bearing your signature or with in 30 days you go to step 1.

If you have a letter from them that says that they can not produce a contract with your name and signature on it send a copy of that letter as proof to each of the credit reporting agencies that the account is not yours and instructing them to remove it from your credit report under the Fair Debt Reporting Act, etc.

It was last year when I first started checking into this. I do have a letter from them (dated May 2002), telling me that they were unable to supply me with the documents that I requested. I then called them and that's when they said that I had originally authorized my name on the account over the phone (they didn't have a signature). I said I hadn't and they said they would need to send me a transfer of responsibility form to take my name off the account. I never received that form, but did receive another letter, dated June 2002, stating that they were sorry to inform me that the borrowers liable on the account could not be changed, that I would continue to be billed, and that any delinquent status would be reported in my name.

Do they still need to validate the debt if it was authorized over the phone? How? I have now heard from a collection agency about the debt. I never got their name, as I hung up on them when they got rude. Do I still just send a letter to the credit card company? Do I even need to write them again, if I already have a letter stating that they were unable to produce the documents?

Thank you for your advice....would like more info if possible.

Would love more advice on this. Have read most of the posts, but could find nothing like mine. Thanks

[ConnorW]

dijones -

I would say based on the fact that you have a letter from the CC company said that they didn't have proof, they can't prove it.

Now that they have a collection agency involved it changes. You have rights under the Faid Debt Collection Practices Act, one of those is not to be treated rudely by a collection agency. I would wait until the CA contacts you again, if by phone tell them to mail you something. Be firm, but not rude. If they start to get rude ask for their supervisor. If they refuse then, still being polite, inform them that they are being abusive and are in violation of the Fair Debt Collections Practices Act. Ask them if they have your current address, if they do tell them they may contact you in writing and not to call you again. If the next contact is via mail then you have their address. What you need to do is send them a "validation request" sent Certified with Return Receipt. They have 30 calendar days to provide validation or they have to stop all collections until they can prove it. I'm nice sometimes and give them 3 days on either end for delivery for a total of 36 days. If they've really ticked me off I send it on a Friday or Saturday.

Now, you wait. After the 30 days is up you can send them another letter. Plus copy the letter you have from the CC company stating that they don't have you signature on file and send the CC company a validation letter. In that letter I would ask for proof that you authorized them to add your name over the phone. You copies of original signed contracts, proof that they issued you a card, if you were authorized you should have gotten a card right?

Check out the following web sites. I like the top one:

[url]http://consumers.creditnet.com/straighttalk/board/[/url]
[url]http://creditcourt.org/[/url]
[url]http://www.creditboards.com[/url]

[bigun]

Anyone reporting to CRA's has liability if the information is incorrect. Read the FCRA:
[url]http://www.ftc.gov/os/statutes/fcra.htm[/url]

And then this case:
[url]http://caselaw.lp.findlaw.com/data2/circs/9th/0015946p.pdf[/url]

Here's a thumbnail scketch:


Civil Liability under FCRA for Furnisher of Information
Nelson v. Chase Manhattan Mortgage Corporation
The issue in the case was whether the FCRA creates a cause of action for a consumer against a furnisher of credit information. The 9th Circuit Court of Appeals held that the FCRA is to protect consumers against inaccurate and incomplete credit reporting and Section 1681s-2(b) provides a private remedy to injured consumers. Thus, a consumer can sue a company for furnishing inaccurate and/or incomplete information. In this case, the furnisher allegedly failed to take prompt and appropriate corrective action once it was notified that it had reported inaccurate information.

THe FCRA allows you to sue in small claims court for up to a $1000 or, a higher court and recover damages and, legal fees. Start doing some reading and prehaps look for a lawyer.

No one has ever really answered my question about phone authorization. How can they show proof or validate a debt when they say there was only phone authorization? Do they have to provide a recording of the conversation? If the law says they have to show validation of the debt or the consumer is not liable, how are companies that get phone authorization only doing this? It seems that they think it's no big deal, all they have to do is tell me that they cannot provide me with the info, they are off the hook and I'm still obligated!

[bigun]

Companies pull this stuff more than people think. They back down when they get sued. Here's a link to Congressional Testimony. AT the bottom of page 5, the lawyer describes MBNA doing something similar. I'll try and find a link to a CAp 1 lawsuit.

[url]http://216.239.41.104/search?q=cache:1x8WWftggngJ:financialservices.house.gov/media/pdf/060403lb.pdf+leonard+a+bennett&hl=en&start=5&ie=UTF-8[/url]

You're choice. Do nothing or, start reading about your rights and fight back. [url]www.creditboards.com[/url] is a good place to start.

[bigun]

Let me point out something. The OC does not have to validate. The FDCPA applies to 3rd party collectors and the collection agency certainly must validate.
When dealing with the OC, never use the word validate. Tell them they are violating the FCRA by reporting false information. Dispute the heck out the account but never say validate. Send the letter CRRR. Once the green card is returned, dispute the listing with the CRA's. Again, send it CRRR. The CC company must list the trade line in dispute. If they don't. another FCRA violation. Just do some reading and ask questions here and at other sites. I also don't think it would hurt to see a lawyer.

[ConnorW]

bigun is right. The original creditor (OC) doesn't have to validate under the FDCPA.

If you're dealing with the collection agency (CA) you can make them validate. Now most credit card companies will record a phone authorization, for the simple fact of then they can prove it should it ever be necessary.

As bigun says, check out the link he gave you. He gave me some a few days ago and they're great. Do speak with an attorney.

One option is to dispute with the CA, if they violate the FDCPA and you go to court and get an award you can use that award to pay off the CC company, but negotiate with them that they will not report negatives/will remove negatives/maybe even report never past due or late, closed by consumer.

Check for an attorney, many will give a 30 minute consult over the phone. This will allow you to find out what all of your options are.

[ConnorW]

bigun - tried that url, didn't quite work. I was able to get the pdf to work : [url]http://financialservices.house.gov/media/pdf/060403lb.pdf[/url]