Secondary Card holder / Authorized Users Credit Card Debt Liability

[alironz]

As additional amex card holder to deceased primary am I responsible for charges I made while primary living. I never signed to be joint user but collection agency says I am responsible to pay them for everything I charged. I thought I was authorized user.

[justbroke]

As additional amex card holder to deceased primary am I responsible for charges I made while primary living. I never signed to be joint user but collection agency says I am responsible to pay them for everything I charged. I thought I was authorized user.

Short Answer: Yes. (I responded to your question in the thread titled "Amex Collections". If you made charges, YOU ARE LIABLE unless you can prove that you paid for the charge YOU made.)

Read the Additional Cardholder Terms for American Express Cards. In short, it reads,

An Additional Cardmember is not liable for Charges incurred by the Basic Cardmember or by other Additional Cardmembers. However, by each use of the Additional Card to incur Charges, the Additional Cardmember indicates his or her agreement to pay us for the Charge if you fail to or refuse to pay it, and we may, at our discretion, pursue Additional Cardmembers for payment of Charges they incur or authorize. You authorize us to provide Account Information to Additional Cardmembers and to discuss the Account with them.

[alironz]

I was the one that wrote the check to Amex every month. There is a sign and travel balance. Do you know how far back they go in determining what charges are to be paid by additional card holder. Also I do not see where the additional member agreement is.

[justbroke]

I was the one that wrote the check to Amex every month. There is a sign and travel balance. Do you know how far back they go in determining what charges are to be paid by additional card holder. Also I do not see where the additional member agreement is.

I'll answer your second part first. On the back of the AMEX Card it reads (at the top or under the Signature line)... Use of this card is subject to the Cardmember Agreement.. In the Cardmember Agreement, which is a separate document provided to Additional Cardholders, it basically reads that the Primary Cardholder is responsible for all charges on the account, including authorized cardmembers. However, the Additional Cardmember section reads that Additional Cardholders are responsible for their individual charges, that that AMEX can collect from them directly.

For your first part... was the sign and travel balance yours? Was it charged with YOUR card (card ending in XXXXX)? If so, you're liable. If you can show that the remaining balance was charged to the primary cardholder's card, and that you in fact paid all your charges, then you can get from under this. Otherwise, AMEX probably has an enforceable Agreement.

AMEX has a very good computer system. They can go way back! However, the balance fluctuates, so they'd probably only go back to the last time the balance was at $0.00 (CURRENT). Since you're carrying a Sign & Travel balance, they'd go back to when that purchase was made, I would think.

[GoingDown]

should I say i was working for this person and yes i did charge to this card since i was buying inventory for his business? I basically built computers for him which he sold and he paid me on the side for my work. Should I tell them any of that? or should I just stick it to them by asking show me the application I signed and nothing else?

And what do I do then after I get their collection agency name and address?

thanks a bunch! hope my problem helps someone else too.

No, NEVER admit to buying inventory for his business.

The next time they call ask for the name of their collection agency, and their mailing address. Once you get the name, and hopefully the address, hang up the phone and never speak to them on the phone again.

Then send them a letter by certified mail which states:

"I dispute the validity of this debt and I demand written verification of it. I demand that you send me a copy of the application for this credit card account. I never co-signed for this account. This is not my debt. I am not responsible for this debt. And in accordance with the Fair Debt Collection Practices Act, I demand that you cease and desist from any further communication with me by telephone."

Make sure you don't sign the letter in your own handwriting. Get a friend or relative to sign your name for you, or just leave it unsigned. Some corrupt collection agencies have been known to copy your handwriting onto a fake application and use that against you.

Chances are after they receive this letter you will never hear from this particular collection agency ever again. But they will probably eventually pass it along to another collection agency and the whole process will start all over again.

You might want to contact the original creditor and demand to see the application. They will probably ignore your request, but it's worth a try. If this actually does go to court-- which is highly unlikely-- you can subpoena the application from the original creditor to prove that you never signed the application during the discovery period.

[Energ jobs]