CA left a message and I am wondering what to do

Anonymous · ‎08-30-2009

I got a voice message from a CBSC CA. I do have a few baddies of MD on my CR but I am really kind of freaking out that it is a bought out old CC debt in which I was a AU. I "think" I was a AU and not a joint user but I am not completely sure. I just pulled my free credit reports and see that this debt is on my CR and I am listed as an AU. It is supposed to fall of next year so I was going to just leave it alone. My ex filed bankruptcy over this debt that started out at $1500 and was at $4800 when he filed. The CA were extremely aggressive and would not settle for anything. My ex's lawyer even sent them a letter saying that they settle or it was going in bankruptcy and they still pushed it all the way. I know from research that CBSC is one of those CA that buys old debt. I am not sure if it is the same CA that pursued my ex but I really don't want to call them back. BUT...unless I call them I have no idea what they are calling for. What would you suggest I do? I have not received anything in the mail.

Anonymous · ‎08-30-2009

What is the DOFD and SOL?

Most of the time if you are just an AU, you are not financially responsible for the debt. However, it looks like it is your exes CC. Depending on whether or not the state you are in or were in when the credit was obtained is a community property state will make a difference.

If this is coming off of your CR next year, I would just leave it alone. If they tried to sue you and SOL has expired you would use that as a defense. Also the fact that you are just an AU.

If you are sure the SOL has expired you can send them a C and D letter.

Anonymous · ‎08-30-2009

@Anonymous wrote:
What is the DOFD and SOL?

Most of the time if you are just an AU, you are not financially responsible for the debt. However, it looks like it is your exes CC. Depending on whether or not the state you are in or were in when the credit was obtained is a community property state will make a difference.

If this is coming off of your CR next year, I would just leave it alone. If they tried to sue you and SOL has expired you would use that as a defense. Also the fact that you are just an AU.

If you are sure the SOL has expired you can send them a C and D letter.

I'm a little confused about the DOFD but Experian shows it was 30 days late on Feb 1 2003. The account was opened in 1996 and last activity was Oct. 2002. I am not sure what the SOL is. It's in Ohio and I believe it is 6 years for oral and 15 years for written. I have read that they can say that a CC debt is a written contract. The only CBR that has it listed is Experian. I am nervous that the CA that called has something to do with this account. I just am not sure what to do about it. I don't know if I should wait to see if I get something in the mail from them or what.

Message Edited by Diva12 on 08-30-2009 10:30 AM

Anonymous · ‎08-30-2009

Welcome to the fourms!

You did say this is reporting as an open CA on your CBR, right? It sounds like this CA will age off your CBR relatively soon so it might be best just to ignore it. If you were only an AU on the account it is highly unlikely that you are responsible for the debt. Do not communicate with the JDB/CA by telephone. It is up to you whether you want to send them a letter directing them to cease efforts or not. If this ever goes to another CA and they write you a letter, be certain to DV them within the 30-day period.

AndySoCal · ‎08-30-2009

An authorized user does NOT have any responsibilty for making payments on the account. It is the card holder that put you on the account that has that responsibilty.

FIC Scores XPN v8 808 V2 831 (SDFCU) TUC V 8 803 03/25 EFX Bankcard v8 822 EFX FIC0 v8 800 Vantage score 4.0 817 via JC Penney )
JC Penney 10/2008 4700, US Bank Cash 08/2010 12,000 Citibank Custom Cash 5/2015 11,100 State Dept. FCU 20,000 06/2023 , 02/2024 Redstone FCU Signature VISA 10,000 08/23/2024 Langley FCU Signature Cash Back Visa 10000
Banking: Langley FCU Credit Unions: Lafayette FCU Fortera FCU State Department FCU Pelican State CU Red-stone FCU Hughes FCU
My personal blacklist Axos Bank, Bank of America, Synchrony Bank Capital One TD Bank Comerica Bank BMO

Anonymous · ‎08-31-2009

@AndySoCal wrote:
An authorized user does NOT have any responsibilty for making payments on the account. It is the card holder that put you on the account that has that responsibilty.

If you live in a community property state that is not always true. I would look up the statutes for your state if you are in one of the community property states.

I know this to be true, it happened to my daughter. They came after her for a card her husband had before they were married and he added her to the account as an AU.

The laws in my state allow for them to go after the spouse for the debt.

Anonymous · ‎08-31-2009

@Anonymous wrote:
@AndySoCal wrote:
An authorized user does NOT have any responsibilty for making payments on the account. It is the card holder that put you on the account that has that responsibilty.

If you live in a community property state that is not always true. I would look up the statutes for your state if you are in one of the community property states.

I know this to be true, it happened to my daughter. They came after her for a card her husband had before they were married and he added her to the account as an AU.

The laws in my state allow for them to go after the spouse for the debt.

No, I don't live in a community property state. Is there any hope in the fact that CBR is recording it as an AU account? Does the CB put on the report what the CA reports to them? I've only had the one voice message so far.

What is very strange is that I have had a few calls (voice messages) from CA's for other people. I don't remember who the CA were though. Do you think there is any connection? Could CBSC possibly be trying to see if I would call them to tell them that no one lives here by that name to try and verify that it is my number?

Anonymous · ‎08-31-2009

@Anonymous wrote:
@Anonymous wrote:
@AndySoCal wrote:
An authorized user does NOT have any responsibilty for making payments on the account. It is the card holder that put you on the account that has that responsibilty.

If you live in a community property state that is not always true. I would look up the statutes for your state if you are in one of the community property states.

I know this to be true, it happened to my daughter. They came after her for a card her husband had before they were married and he added her to the account as an AU.

The laws in my state allow for them to go after the spouse for the debt.

No, I don't live in a community property state. Is there any hope in the fact that CBR is recording it as an AU account? Does the CB put on the report what the CA reports to them? I've only had the one voice message so far.

What is very strange is that I have had a few calls (voice messages) from CA's for other people. I don't remember who the CA were though. Do you think there is any connection? Could CBSC possibly be trying to see if I would call them to tell them that no one lives here by that name to try and verify that it is my number?

1) If you have received calls for other people in the past they most lilkely are individuals who had that number issued to them in the past. I would not want to be the person who was next assigned my former phone number in NJ. I also get calls from time to time here in FL for other people and they are exactly that and nothing more, I usually call them back, let them know they are wasting their time and they gratefully remove the number from their systems.

2) Are you sure you were an AU and not a joint owner? Is this account showing on your CBR as a collection account? On CA's CBR's list what they are presented by the agency. You don't think they spend any time looking into these matters, do you? They are clearing houses, not intelligence agencies!

3) Have you ever received any type of letter from the collection agency regarding this account. They must send you a collection letter and you have 30 days to demand DV. If they have not sent you such a letter and are attempting to contact you to collect the debt they are violating the FDCPA.

RobertEG · ‎08-31-2009

Keep that voice mail. It is an initial commumication with you that triggers their requirement under FDCPA 809(a) to provide you dunning notice within 5 days.

Anonymous · ‎09-01-2009

1) If you have received calls for other people in the past they most lilkely are individuals who had that number issued to them in the past. I would not want to be the person who was next assigned my former phone number in NJ. I also get calls from time to time here in FL for other people and they are exactly that and nothing more, I usually call them back, let them know they are wasting their time and they gratefully remove the number from their systems.

2) Are you sure you were an AU and not a joint owner? Is this account showing on your CBR as a collection account? On CA's CBR's list what they are presented by the agency. You don't think they spend any time looking into these matters, do you? They are clearing houses, not intelligence agencies!

3) Have you ever received any type of letter from the collection agency regarding this account. They must send you a collection letter and you have 30 days to demand DV. If they have not sent you such a letter and are attempting to contact you to collect the debt they are violating the FDCPA.

I did call the CA that was calling my number about someone else on one occasion. I called to let them know it was the wrong number and no one lives here by that name. I remember them asking me what my name was. That's why I was a bit suspicious.

I am not sure whether I was an AU or a joint user. It was from a previous marriage and the card was opened over 11 years ago. If I remember correctly it started out being a Fingerhut account. My ex was suppose to pay it off. He told me he did make payments on it. The next thing I know he told me he was filing BK (two years ago) and that they had him owing $4800 on the account.

It is not listed in collections, it is listed under accounts. It is showing it as being 120 days late. The last activity that was reported was 2003.

I have never received anything regarding this account. I am just a bit concerned that the call I received from the CA was about this account. From my research on this CA, they buy old accounts and pursue them.

I think for now I am just going to wait and do nothing. I am not going to call the CA and just wait to see if I receive somethingin the mail. Thank you for your response.