First Premier Bank Not validating

[RR5]

Hello!

I'm kind of new here but i have a question. My husband has some collections on his account, which one of them is First Premier CC. When he got the card, he added me as an AU on the card, which was 2009. I wrote them a letter asking to DV the account, and they send a letter back to him saying sorry for the mistake and that they will remove everything from his account. which is nice!!, BUT... They also send me a letter saying i owe them the money, and said that I OPENED the account under his name!! What?? So do i send a DV letter from me? is this even legal accusing someone like that?

Thanks for any advice in advance!!  I'm just in a little shock that they accused me of doing such a thing!!

[llecs]

If the account clearly is listed as an AU on your CR, as opposed to a joint account, then dispute it as not mine. You can do that because it isn't yours. It is your DH's.

DV letters are mentioned by the FDCPA and they are only for CAs, not OCs like First PRemier. I would do the dispute and not communicate with them further until you get the results back. Now communicating with them via your initial request would have awakened them. If the account is bad, like a charge-off, be sure to quickly save money as collection activity would increase. Per their accusation, hold onto that letter just in case you need it again.

[RR5]

Thanks for the reply, Yes i am listed as an AU on that account and it's a charge-off. So i should dispute as not mine? What if it comes back verified what should i do? Can i offer PFD to the OC or are they only for CA? Also i'm kind of new to this, so is the OC allowed to collect money from AU?

ThankS

[RobertEG]

I would take a bit different approach.

Of course, if you are an AU, the account is not yours by definition.  The fact that it is appearing in your CR is not an issue of whether the account is yours, it is an issue of whether they can hold you responsbile for the debt.  If they are agreeing to remove it from your CR because you are an AU, it is contrdictory to then assert that you have legal obligation for the debt.  I would not take the path of disputing the account as "not mine."  If it was reported as an AU, that would not be a fact under contention.

I would approach this by first documenting what has been reported to your credit file regarding the status of the account.  If it was truly reported as an AU account, then you can tell them to take a flying....

Your legal obligation on an account reported to a CRA is recorded under what is called the ECOA code/status.  It will read sole account owner, joint account owner, maker (cosigner) with legal obligation, or AU.  If they reported your status as an AU, they have asserted to the CRA no legal obligation on your part for the debt.

I would send the CRA a request under FCRA 609(a)(1) and (2), which entitles you to receive from the CRA any information reported to your credit file.  It must be accompanied by the current processing fee of $11.00, and they must respond within 15 days.

Once you have THEIR reporting of your legal responsibility for the debt in hand, you have their reporting that you have no legal obligation for the debt.

[RR5]

Thanks Robert. When i checked my Credit report  today, it does say that i am an AU on the card, and that it's a charge-off. I know that i am not responsible for the debt and they cannot legally collect it from me, but how can i get them to take it off my Credit report?

The thing is they did not answer the DV for my DH, instead said they will remove it from his credit report. So i am guessing the cannot validate it that it's his,  but why are they accusing me of fraud? Is there anything i can do with that to have it removed?

The letter they send me said that " IT HAS COME TO THEIR ATTENTION THAT I OPENED A CARD UNDER dh'S NAME AND THAT I AM RESPONSIBLE FOR THE DEBT."

Is there a letter i can send to the OC? like some kind of validation letter?

[llecs]

I'd still dispute it as not mine. If they verify, then post back and a different approach can be taken.

Now if interested in cleaning up DH's credit, you will still have to take action on the PFD, and I recommend that you do, but on your credit only, dispute as not mine.

[MarineVietVet]

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@RR5 wrote:

Thanks Robert. When i checked my Credit report  today, it does say that i am an AU on the card, and that it's a charge-off. I know that i am not responsible for the debt and they cannot legally collect it from me, but how can i get them to take it off my Credit report?

The thing is they did not answer the DV for my DH, instead said they will remove it from his credit report. So i am guessing the cannot validate it that it's his,  but why are they accusing me of fraud? Is there anything i can do with that to have it removed?

The letter they send me said that " IT HAS COME TO THEIR ATTENTION THAT I OPENED A CARD UNDER dh'S NAME AND THAT I AM RESPONSIBLE FOR THE DEBT."

Is there a letter i can send to the OC? like some kind of validation letter?

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Dispute it as "not mine". That's ALL you have to do. It works.

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

[RR5]

Thank you so much for the great advice.

I have mailed out my duspute letters to the CRA's so hoping they will delete the account.

I will come back and let you guys know what happens and if they do not delete, i will be needing some more advice!

Happy holidays!!

[RR5]

Sorry i haven't had time to update this earlier, but the account was deleted from all the credit agencies! I just had to dispute it as not mine!  Thanks!!