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I have a credit card issue with Chase on an account that I

 

Customer Question

I have a credit card issue with Chase on an account that I am 200% sure that is not mine. Back in June of 2010 I was added to this credit card as an authorized user by Mr. Herman Perez and his wife Gladys Perez in order to improve my credit score. Nevertheless, I never received a card in the mail, neither a telephone call from Chase to verify my personal profile, even when I had put a security alert on my personal Credit Report thru the credit bureau effective on April 10, 2010. I advised the Perez family to withdraw my name from that credit card because they never send me one in the mail. They called Chase & was told by their employees that I was no longer on the card. Eventually, on November of 2011 I found out that my name was added to the account as principal with an outstanding balance debt in the amount of $15K. When I spoke to the Perez family again they told me that they had filed for a chapter 13 bankrupt & the credit card was included as well. Now Chase is after me for the $15K, and the debt has already damaged my credit. The debt is now in the 90 days delinquency level, and I need to know if I can get any legal help on this issue. Thanks!

 

Optional Information:
Country relating to Question: United States
State (if USA): Florida

Already Tried:
I've put a complaint thru the Consumer Financial Protection Bureau, a credit repair agency, disputed account thru the credit bureau but the account still remains as a negative item on my credit report. I spoke to the original card holders, the Perez for them to pay off that account, or to do something about it but they claim they have no money to pay

Submitted: 297 days and 6 hours ago.
Category: Legal
Value: $59
Status: CLOSED
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Expert:  Law Pro replied 297 days and 5 hours ago.

You never signed anything from Chase?

Customer replied 297 days and 5 hours ago.

I did sign a piece of paper written on spanish that was given to me by the Perez family in order to be added as an authorised user. That account was originated by the Perez since back in 1999. I 've met this family in 2009 at the church. Chase is saying now that I'm the principal on that debt, and they are harrasing me with telephone calls all the time.

Accepted Answer

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Expert:  Law Pro replied 297 days and 5 hours ago.

I would send Chase a " request for validation" letter and have them provide you proof that you guaranteed the Perez account.

The following is a sample letter requesting a collection agency or original creditor to validate that you owe the debt.


Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.

Date

Your Name
Your Address
City, State Zip

Collection Agency
Collection Agency Address
City, State Zip

Re: Acct # XXXXX

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from you on (date of letter). Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully XXXXX XXXXX your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

  • What the money you say I owe is for;
  • Explain and show me how you calculated what you say I owe;
  • Provide me with copies of any papers that show I agreed to pay what you say I owe;
  • Provide a verification or copy of any judgment if applicable;
  • Identify the original creditor;
  • Prove the Statute of Limitations has not expired on this account;
  • Show me that you are licensed to collect in my state; and
  • Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute Fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

  • Violation of the Fair Credit Reporting Act
  • Violation of the Fair Debt Collection Practices Act
  • Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered Harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature
Your Name

 

 

[Credit Info Center]

 

 

You should send that letter by certified mail to Chase. Once they receive it they are not allowed to contact you again until they validate the alleged debt or they are in violation of the federal Fair Debt Collections Practices Act.

 

However, they can file a civil suit which would not be a violation of the Act - but then you could request the same information through discovery from them.

 

 

 

 

If you would like any additional information or have more questions please don’t hesitate to ask!

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Thank you,

Law Pro

 

 

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.6 %
Accepts: 5691
Answered: 6/27/2012

Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

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