topic Re: Vacated Judgment-Now what, go after the OC? Please Help in Rebuilding Your Credit

Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Tue, 19 Aug 2008 12:30:36 GMT

New member, first time poster, any assistance would be great.

Quick version (will try my best):

Domestic partner (DP) signs up for a credit card, puts me down for a second one without my knowledge or permission (written or verbal)
Card goes to CA
DP hides the letters from me (used to get home before me)
Summons received in the mail in June to appear in court on this matter for July 11, 2008
I have it out with DP, problem solved
I contact CA, state that this is not my debt, I never knew of this card nor gave permission for it to be issued in my name
CA states I have burden of proof, I turn this around on them stating that their client has burden of proof and that I will file a complaint against them and their client if this is not resolved
CA goes behind my back 1.5 weeks prior to court date, contacts DP, states that if he sets up a payment plan he can avoid court for both of us
Under the pressure, DP agrees
I find out, rip my partner a new one, then contact CA
They state they will call me back within one business day with a resolution to the issue (it's Monday morning)
I knew they wouldn't call back like they said, and sure enough, the next Monday comes around (July 14) I have to contact them again
CA states, oops, lawyer already went to court, judge already ruled in favor of CA and OC, must not have received correspondence stating to terminate court date and civil action against me and my DP
I inform the CA that I am now going to sue them for various violations (some of which occured during discussions with them...threats, etc.) and tell them I am recording this call and for them to not contact me or my DP by phone any more and that all correspondence needs to be in writting
The CA frantically tries to call over the next few days, leaves messages ranging from threats to apologies
I call the CA back a few days later and let them know that I provided digital audio files of their voicemails to my lawyer and that they just sealed the deal in this matter for me
Two weeks ago, the letter from the District Court below arrives at my house:

"Upon the ex parte application of (CA's lawyer's name), Attorney for Plaintiff, GE Money Bank, and upon all the files, records, and proceedings herin and it appearing to the Court that vacation of judgment against Defendant herein, is in the best interests of the parties, pursuant to the agreement of the parties, it is hereby ordered that said judgment entered in favor of GE Money Bank and against (my name), Defendant, on July 15, 2008 in the amount of $1,068.46 is hereby vacated of record and the Clerk of (county name) County District Court is hereby directed to vacate, discharge and dismiss without prejudice said judgment forthwith."

Notice how the letter above states the judgment was made on July 15, 2008, yet the summons said the court date was July 11 and on July 14 the CA told me it was too late. Funny that they went to court the day after they told me it was too late, this means they filed for a new court date at some point during this process. Mute point now.

So, bottom line, does this mean that I am no longer responsible for the debt and now I can send letters to the OC (copying the CA?) stating that I am requesting this debt be removed from my CRs?

Does this really mean what I think it does? How long do I give them to do this? Do I have to deal with the CA any longer?

Any help would be greatly appreciated.

Best regards;

Kawika K. K. (I hate when they lie, it's makes it too easy!)

Message Edited by kawika77 on 08-18-2008 08:02 PM

Message Edited by kawika77 on 08-18-2008 08:04 PM

Message Edited by kawika77 on 08-19-2008 05:30 AM

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Tue, 19 Aug 2008 03:38:36 GMT

BUMP

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Wed, 20 Aug 2008 02:47:40 GMT

BUMP, please held, still no suggestions and going into the second day soon seeking guidance.

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Wed, 20 Aug 2008 04:10:47 GMT

You don't have to worry about evet being sued again- and could consider taking your own legal action.

The start of this post was not clear if theis was a "Joint" account- or you were an Authorized user.

How to handle to OC might be tough- I say disputing directly with the OC prior to doing anythng with the CRA's.

Get an affidavit of fraud http://www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf and send it allong with the dispute letter. Send it CMRRR.

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Wed, 20 Aug 2008 04:18:26 GMT

Timothy:

Thank you for responding, sorry I sent you a personal message on this, I just didn't know who to turn to and how to proceed.

This was an account opened by my domestic partner. The OC offered to have a second CC issued in someone else's name as an authorized user of the account. When my partner asked them if my credit would factor into their decision making process they said yes. Being that I had; and still do, better credit than him, he went for it. The problem, he never asked me, I never gave permission in any form, the OC never contacted me to verify my compliance with this request and my domestic partner hid the letters the OC sent to me for quite some time.

Will filling out and filing the affidavit of fraud with the OC cause my partner to get in trouble? I feel that while he did have this card issued in my name without my permission, he was going along with and trusting the OC who in turn should not have issued a card in my name without my permission.

Message Edited by kawika77 on 08-19-2008 09:18 PM

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Wed, 20 Aug 2008 12:24:30 GMT

Filling out the AoF won't do anything to him-

If this was an AU account and you never used the card- a simple "not mine" should remove the OC.

I still say go directly to the OC prior to disputing with the CRA-

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Wed, 20 Aug 2008 12:27:39 GMT

Adding someone as an AU is VERY easy.

It s the account holders responsiblity to get permission- not the banks, as the account holder is the one that is suposed to be on the hook for the charges.

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Wed, 20 Aug 2008 13:32:12 GMT

Thanks again for the insight.

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Wed, 20 Aug 2008 13:32:54 GMT

Makes sense, but you think the bank would just double check sometimes, but I guess one lesson I have learned through my years of dealing with these organizations, they don't care.

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Wed, 20 Aug 2008 14:37:37 GMT

Sounds like a joint account to me.

Is this reporting on your CR? How does it show, joint or AU?

Have you seen any statements from the OC, does it show your name?

kawika77 wrote:

Timothy:

Thank you for responding, sorry I sent you a personal message on this, I just didn't know who to turn to and how to proceed.

This was an account opened by my domestic partner. The OC offered to have a second CC issued in someone else's name as an authorized user of the account. When my partner asked them if my credit would factor into their decision making process they said yes. Being that I had; and still do, better credit than him, he went for it. The problem, he never asked me, I never gave permission in any form, the OC never contacted me to verify my compliance with this request and my domestic partner hid the letters the OC sent to me for quite some time.

Will filling out and filing the affidavit of fraud with the OC cause my partner to get in trouble? I feel that while he did have this card issued in my name without my permission, he was going along with and trusting the OC who in turn should not have issued a card in my name without my permission.

Message Edited by kawika77 on 08-19-2008 09:18 PM

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Wed, 20 Aug 2008 16:47:02 GMT

sidewinder:

Yes it is reporting on my CR, I don't have it in front of me right now, but I will look at it when I get home to see how it is reporting. I have not received anything directly from the OC. The correspondence were sent to my domestic partner, I finally did receive a few letters from the CA which he hid from me, then finally the sumons from the court which he couldn't hide because I just happened to be home when it arrived.

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Wed, 20 Aug 2008 17:03:19 GMT

sidewinder:

Happened to remember I had my CR's with me in my bag.

EX, EQ, and TU are all reporting the same as below:

GEMB/Care Credit

Status:

Account charged off/Past due 150 days

$1,010.00 written off

$535 past due as of July 2008

This account is scheduled to continue on record until November 2013

Type: Revolving

Date Opened: September 2006

Date Closed: July 2007

Credit Limit: $500

This is listed as joint with my partner.

I argued with the CA successfully enough that the judgment against me was vacated. Now, I want to go after the OC for putting this on my credit report when I never authorized this to be done. This is hurting my credit and is pretty new considering.

Re: Vacated Judgment-Now what, go after the OC? Please Help

fused — Wed, 20 Aug 2008 18:13:53 GMT

This is FRAUD! Your DP used your siggy to establish this account. Joint accounts always require a siggy...this is awful. Unless you file a report with the police, you'll have a tough time getting this removed.

Re: Vacated Judgment-Now what, go after the OC? Please Help

Anonymous — Wed, 20 Aug 2008 20:29:41 GMT

See that's what I thought. But, when speaking with the CA I asked them to produce proof that I asked for this card, anything with my signature, anything with my voice recorded...of course, they couldn't. They said that this was applied for over the phone and that verbal acknowledgement of the terms and conditions were required by the OC and that my DP knew what he was getting into.

This is just strange.

Message Edited by kawika77 on 08-20-2008 01:29 PM