Results 1 to 5 of 5
  1. #1
    Join Date
    Oct 2008
    Posts
    2

    Default Legal Responsibility of a Cosigner

    My question involves the State of: Florida and Michigan

    My mother (age 80) was a cosigner or maybe a co-owner on a Capital One credit card with my brother. He had aquired over $14,000 in debt and was unable to pay it off. My mother paid his debt and cancelled the card. Unknown to her, he called Capital One and told them he lost his card and they issued him another card, with a different account number. Without my mother's knowedge, concent, or approval, Capital One placed her on his new card. Earlier this year he died and Capital One is telling my mother she is liable for his debt.

    My mother feels she is not responsible for his debt because she cancelled the card and he asked for it to be reinstated and she did not consent to her name being added to the card.

    My mother lives in Michigan and my brother lived in her winter home (trailer) in Florida. What should me mother do to resolve this issue?

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Legal Responsibility of a Cosigner

    Quote Quoting dmthornt
    View Post
    My question involves the State of: Florida and Michigan

    My mother (age 80) was a cosigner or maybe a co-owner on a Capital One credit card with my brother. He had aquired over $14,000 in debt and was unable to pay it off. My mother paid his debt and cancelled the card. Unknown to her, he called Capital One and told them he lost his card and they issued him another card, with a different account number. Without my mother's knowedge, concent, or approval, Capital One placed her on his new card. Earlier this year he died and Capital One is telling my mother she is liable for his debt.

    My mother feels she is not responsible for his debt because she cancelled the card and he asked for it to be reinstated and she did not consent to her name being added to the card.

    My mother lives in Michigan and my brother lived in her winter home (trailer) in Florida. What should me mother do to resolve this issue?

    I am sorry that you are going through this.

    Here is the problem;

    Your mom called to close the account. Your brother called Capital One within 30 days to get another card with a new number.

    Capital One has a policy that you can re open a closed credit card account within 30 days of closure.

    Since they are BOTH signers on the account Capital One did not need to contact your mother. Either signer could call and re open the account just as your brother did. Capital One did not need to contact your mom. When your mom called to close the account she should have said that she wanted her name removed from the account, at that point they would have had to re run the credit on your brother alone to re open it.

    When you call Capital One on the phone you are probably getting a call center in India. They just do as you ask and really are not very helpful in avoiding this type of problem.

    Capital One can collect from your mom. She does owe Capital One this account balance. Please be sure to talk to your mom. If she has done this for anyone else, call the banks and have the accounts closed and have her name REMOVED so history will not repeat itself.

  3. #3
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Legal Responsibility of a Cosigner

    I also suggest that you or your mother contact the 3 reporting agencies and have a ID fraud alert placed on her ss #. This will help her with any future fraud dealings. When she applies for credit, she will be required to show ID before any credit is extended to her.

    I'm very sorry that this happened to you.

    I would also find out exactly what kind of account this was. Joint or Individual with authorized user. Did your mother have a letter from CO confirming the account was closed? He should have been unable to re open the account if he was only an authorized user. The call center that is located in India is VERY frustrating. IMHO, being able to open an account after you have closed it is CRIMINAL. When I hear stories like this I lose all sympathy for the ccc's. I was a victim of ID theft myself and it's life consuming to get yourself cleared. I

  4. #4
    Join Date
    Oct 2008
    Posts
    2

    Default Re: Legal Responsibility of a Cosigner

    Thanks for the responses.

    As a follow-up I asked my mother about the types of account. She believes when whe openned the account, it was her account and my brother was an authorized user. When the account got to more than $14,00, she called Capital One and told them to close the account and she wanted to pay it off. That was in Nov. 2000.

    Some time after that, my brother call Capital One and told them he lost his card. They issued him a new card, with a new account number, added my mothers name to the account and never contacted my mother nor did they send her a new card (only my brother got a new card).

    In 2005, my brother filed for bankruptcy, then my mother started getting calls from Captial One wanting her to pay the new balance.

    My briother died in Apr 2008 and she stated getting calls again and they have added it to her credit report, driving her insurance rates up. She's tried contacting Capital One without resolution. Any thoughts on the best method to get this resolved. My brother had $6.32 cents in cash when he died and his clothes. Those were his total assest.

    Thanks for the help.

  5. #5
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Legal Responsibility of a Cosigner

    Quote Quoting dmthornt
    View Post
    Thanks for the responses.

    As a follow-up I asked my mother about the types of account. She believes when whe openned the account, it was her account and my brother was an authorized user. When the account got to more than $14,00, she called Capital One and told them to close the account and she wanted to pay it off. That was in Nov. 2000.

    Some time after that, my brother call Capital One and told them he lost his card. They issued him a new card, with a new account number, added my mothers name to the account and never contacted my mother nor did they send her a new card (only my brother got a new card).

    In 2005, my brother filed for bankruptcy, then my mother started getting calls from Captial One wanting her to pay the new balance.

    My briother died in Apr 2008 and she stated getting calls again and they have added it to her credit report, driving her insurance rates up. She's tried contacting Capital One without resolution. Any thoughts on the best method to get this resolved. My brother had $6.32 cents in cash when he died and his clothes. Those were his total assest.

    Thanks for the help.

    Ok, lets break this down as alot of what you are saying here is just NOT possible.

    1) Capital One will NOT talk to an authorized user on the phone or by any other means regarding someone elses account. All an AU can do with the account is use it.

    2) Your mother had to be a JOINT signer with your brother or the bank would not have been able to talk to your brother in the first place to open him a new account with a new number.

    3) Since your mom is being asked for the money by Capital One after your brothers bankruptcy, again, proof that they where JOINT on the account. Only your brothers debt was discharged in bankruptcy. Your mom is still on the hook to the bank.

    1. Sponsored Links
       

Similar Threads

  1. Cosigners: Cosigner's Legal Rights After Paying a Student Loan
    By bunears in forum Student Loans
    Replies: 2
    Last Post: 03-21-2011, 10:00 AM
  2. Cosigners: Legal Age of Cosigner in New Jersey
    By Psmono63 in forum Debts and Collections
    Replies: 1
    Last Post: 03-13-2011, 08:20 AM
  3. Landlord, Tenant, Cosigner Legal Advice
    By id0lized in forum Living in the Rental Unit
    Replies: 2
    Last Post: 11-05-2010, 07:41 AM
  4. Cosigners: Cosigner Responsibility
    By calinlogan in forum Student Loans
    Replies: 1
    Last Post: 02-19-2009, 11:09 AM
  5. Cosigners: Wife's Responsibility as cosigner for her Ex's Repo'ed Vehicle
    By Buynojm in forum Auto Loans and Repossession
    Replies: 1
    Last Post: 09-29-2006, 05:14 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Bankruptcy Lawyer
Recover From Your Debt. Free bankruptcy evaluation by a local attorney.




Untitled Document