Joint Credit Card with Ex-girlfriend

[hapadc5]

Hello,

I received a credit card in the mail, little did I know my ex was still on the account and it was not canceled. She is the primary acct. holder. We have not been on speaking terms in over 2 years.

I charged school tuition and a laptop along with misc. items. I called AMEX to inquire as to why I didn't receive a bill and they told me I wasn't the primary acct. holder and the bill was going to her.

So as much as I hated to, I text my ex regarding the charges. Long story short she's threatening legal action and has filed a police report.

I currently do not have the means to transfer funds (different card, personal loan, etc) or else I would have. Financial aid is coming by the beginning of December which would eliminate most if not all of the debt. That is not good enough for her. AMEX will let me apply for an individual card, but will not allow me to transfer the funds.

Is there any legal recourse she can take? I told her I would pay it saved the correspondence (by text).

Thanks in advance.

 

[latigo]

That’ the craziest credit card story I’ve heard yet.

AMEX mails you an unsolicited credit card with your name only on the plastic. You make charges against the card with good intention of paying and then learn that it is a joint account with your ex girlfriend and she as the primary account holder.

Under those circumstances, I don’t think she has any claim against you. None whatsoever. At least not until she pays those charges giving her the right of contribution because you are each jointly and severally liable. But that would be one hell of an accounting mess with a card that has been active this long.

But what I would have you do is to get hold of AMEX and demand that they issue you a separate card account transferring over your charges and crediting back hers. And then cancel the joint account and issue a new account number in her name.

If they won’t do it promptly, then I would get in touch with your state’s
Department of Finance and get them iand her in the mix. Because I think AMEX has some serious issues with their primary account holder.

What the heck were you thinking in the first place when you opened a joint credit card account? And on top of it not seeing that the account was closed when the relationship went sour. Are you sure you are ready for college?

You’re lucky that she didn’t bury you in debt to AMEX with a summer in Europe.

 

[JETX]

And now for some legally ACCURATE advice....
Yes, you put yourself in some deep crap.

It is beyond belief that your story holds any water. You get an 'unsolicited' Amex credit card and innocently use it to purchase things you couldn't afford otherwise. Only to find out later that it was your someone you have haven't seen or contacted in TWO YEARS!!!

Simply, your ex only has to file an 'unauthorized use - fraud' identity theft complaint with Amex... and the police department and your legal woes will start. Oh, and she can also file a civil suit against you to recover the money you 'stole' from her. I doubt the judge would believe your ****-a-mamy story either.

 

[latigo]

If the Obama Basher’s position were legally sound, that is to say that you can be held directly liable to the ex girl friend for charges that you added to a credit card account that was under your joint names --

The natural extension of that argument would be that she is likewise directly liable to you for any charges that she placed to the account.

All of which seems to ignore the creditor’s rights of AMEX in this mix.

Following that line of reasoning and considering the rights of the card company that honored the charges, let’s say hypothetically that you momentarily calm the girl down by delivering to her a cashiers check for the full amount of the charges that you placed on the account (plus interest).

She then cashes the check and blows the money at Macy’s. Does that release either of you as to AMEX? Of course not!

Or take it another hypothetical step. She sues you in small claims, cites JETX, and an ignorant layperson judge gives her a judgement. You are forced to pay the judgment and she likewise blows the money.

The theory proffered ignores that fact that when you used the card to purchase the laptop, etc., you were not agreeing to reimburse the ex girl friend!

You were agreeing to reimburse the credit card company that honored those charges. And the only real party interest that would have standing in court to bring an action for restitution is the credit card company. Not someone else named on the account!
_________________

Furthermore, for all intents and purposes from your perspective:

With two years passing - and to your knowledge no activity on the original credit card account – it would not be unreasonable for you to assume that the account had been closed. And the card that you received in the mail was one of the millions sent out daily to entice new account customers.

And even if you were aware that it was under the same account number you still are not directly liable to her. And how were you to know that her name had not been deleted and yours retained on the account.

Fini! End of discussion.

 

[JETX]

If the Obama Basher’s position were legally sound, that is to say that you can be held directly liable to the ex girl friend for charges that you added to a credit card account that was under your joint names --

More crap from the IMAGINARY world of La-Tired.

Your entire response is based on your ASSUMPTION that the credit card was somehow a JOINT account. If that were the case, the OP wouldn't have a problem as he would also be on the account, making it a JOINT account.

However, this was NOT a joint account as it was his ex girlfriends card (two years previous) card he somehow 'received'... 'unsolicited'. Sorry, but Amex doesn't just send out 'replacement' cards to long 'dead' accounts.

The OP's entire story smells of fraud and/or identity theft... and your IMAGINARY world doesn't make it smell any better.

And as further PROOF that this idiot (LA-Tired) doesn't understand English... is his inability to recognize a simple legal question and think that it is somehow 'bashing'??

 

[hapadc5]

Well it was a joint account. The account was opened back in 2003. We have paid any balance applied in full and on time. The original card expired, therefore I received my replacement.

I completely forgot that she was ever on the account due to it being almost 7 years old. That was my mistake which I completely admit to. It isn't identity theft or fraud when I admit to making the charges and a card is issued in my name. No where on the card was her name listed nor was it listed on any correspondence from AMEX.

By me not paying bill she has as much to lose as I do. This account shows up on my credit report. She is disputing charges that was made by an authorized user of the account.

I'm not trying to get over on anyone, I'm just trying to pay for school. Financial aid take about 15 days to process which is "too long" for her. The account is not in default nor do I plan it to be.

 

[Zigner]

Pay for the purchases in 15 days. Make payment to the card, not to her.

 

[hapadc5]

JETX where do you practice? Please don't tell me you obtain clients in this manner?

I'm not here to bicker and banter with anyone. If you don't believe me, so be it. I won't lose any sleep at night. However, I do appreciate your response as it is another perspective on the matter albeit an angry and pessimistic one.

 

[JETX]

Well it was a joint account. The account was opened back in 2003. We have paid any balance applied in full and on time. The original card expired, therefore I received my replacement.

Okay, so with that missing CRITICAL information... simply make the payment on the card (to the card company, not her) as you normally would.
NO laws were broken, no problem.... though I wish you had admitted that LONG ago and saved a lot of 'ordeal' on this forum. (Note: Responses on this forum are based SOLELY on what YOU tell us. We don't KNOW anything other that that. As such, the quality and accuracy of ANY response is contingent on YOUR telling us the full truth in your post).

Since this is now a JOINT card, two applicants both equally responsible for the debt, why did you even have ANY concerns.

So as much as I hated to, I text my ex regarding the charges. Long story short she's threatening legal action and has filed a police report.

Under what premise?? If this is truly a JOINT account (now), with both of you signing the agreement, then she can 'threaten' legal action until the cows come home... there is nothing illegal about your making charges on a JOINT account.

 

[hapadc5]

Okay, so with that missing CRITICAL information... simply make the payment on the card (to the card company, not her) as you normally would.
NO laws were broken, no problem.... though I wish you had admitted that LONG ago and saved a lot of 'ordeal' on this forum. (Note: Responses on this forum are based SOLELY on what YOU tell us. We don't KNOW anything other that that. As such, the quality and accuracy of ANY response is contingent on YOUR telling us the full truth in your post).

Since this is now a JOINT card, two applicants both equally responsible for the debt, why did you even have ANY concerns.


Under what premise?? If this is truly a JOINT account (now), with both of you signing the agreement, then she can 'threaten' legal action until the cows come home... there is nothing illegal about your making charges on a JOINT account.

I apologize. I assumed the thread title would suffice. Only reason I worried is that I am going through criminal background screening for reserve firefighting in California and I am going through the process of becoming a volunteer the county juvenile hall.

I do not want her extreme hate of me to hinder any of this.

She did dispute the charges, but she did not make them? Ugh.

 

[JETX]

I apologize. I assumed the thread title would suffice.

Normally, it would have. However, there are lots of people on this forum who don't understand what 'joint card' means... and then when your text didn't provide ANY support for a joint account and made reference to ex and two years old, I felt you were confusing the type of account.

She did dispute the charges, but she did not make them? Ugh.

Based on your post, I would assume that the merchant will re-install the charges.