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How do I handle this!!!!!!

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ashdown1967
New Contributor

How do I handle this!!!!!!

Hello ,

 

My wife informed me that a creditor that has been calling none stop. talk to her and she made payment arrangements with him to make payments every month.  Her name is not on the loan. So she shouldn't have made the arrangements and the creditor knew the loan was in my name only and still made the arrangements with my wife.  I don't agree to the arrangements, she agreed to 500.00 a month until the end of the year to pay the debt. The debt is 5 years old,   I want to pay it to but we can't afford to pay 500.00 dollars a month. 

 

Should I call the creditor and speak with his supervisor, how can I handle this?

 

 

Thanks in advance

Message 1 of 7
6 REPLIES 6
guiness56
Epic Contributor

Re: How do I handle this!!!!!!

Was the loan made before you were married and do you live in a community property stat?

Message 2 of 7
ashdown1967
New Contributor

Re: How do I handle this!!!!!!

Hello,

 

It was done while we were married and I live in Georgia I don't think it is a community state.

Message 3 of 7
guiness56
Epic Contributor

Re: How do I handle this!!!!!!

No, it isn't.

 

I don't think they can.  It is your debt alone and your spouse is not responsible for it.

 

Is this an OC or a CA?

Message 4 of 7
RobertEG
Legendary Contributor

Re: How do I handle this!!!!!!

Until there is a meeting of the minds, there is no contract.

Under FDCPA 805(d), communications with a spouse are considered communications with the creditor, so their communication with her was not a violation.

However, that does not translate to agreements made by a spouse becoming a binding contract.

I would immediately inform them that you do not agree to the current negotiation position offered by your spouse.

Message 5 of 7
ashdown1967
New Contributor

Re: How do I handle this!!!!!!

Hello,

 

It is an OC.

 

Thanks

Message 6 of 7
guiness56
Epic Contributor

Re: How do I handle this!!!!!!

As an OC they may be able to communicate with your spouse but they should not be able to make arrangements with her.  It is not her debt.

Message 7 of 7
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