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Citibank is driving me NUTS!

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    Citibank is driving me NUTS!

    Arggh!! So I'm in the planning stage; probably going to file next week. I was divorced a year ago, and I took on the marital debt (about 11k) after the divorce. The 11k was on credit cards in both my ex's and my name, so he of course wanted me to put it all in my sole name so he wouldn't get stuck with it.

    I couldn't get new credit in my own name, but in my search for a balance transfer an old Citibank cc account came to my attention. The account was opened by my ex and me, but I wrote and talked with them to take his name OFF the account and put my name in as the SOLE account holder. They said it was done, and all of the bills, etc., have come in my name only.

    Just because I'm anal I wrote to them for confirmation that I am the ONLY name on the account, there are NO other authorized users, and NO ONE ELSE is responsible for paying the balance.

    In two separate emails, I get: I am A (not THE) primary cardholder. I am the sole authorized user.

    So I write back saying, in essence, yeah okay, but am the ONLY cardholder and am I the ONLY one liable for the balance.

    No response. I fear that somewhere, somehow, my Ex is still considered a "cardholder" and liable for the balance when I declare bk.

    #2
    Originally posted by wonkettegirl View Post
    ANo response. I fear that somewhere, somehow, my Ex is still considered a "cardholder" and liable for the balance when I declare bk.
    There is no way to remove any person who jointly applied for, or initially applied for (singularly) from an account.

    If you executed the card application in both names or he did so in his name alone, there's no way the Bank is going to remove his name. The account was basically "guaranteed" by the person or persons signing the application.

    This is probably not what you wanted to hear. Sure, they'll change the "billing" information (what gets printed on Statements and mailings) for you. However, the liability is that of those who completed the application.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by wonkettegirl View Post
      Arggh!! So I'm in the planning stage; probably going to file next week. I was divorced a year ago, and I took on the marital debt (about 11k) after the divorce. The 11k was on credit cards in both my ex's and my name, so he of course wanted me to put it all in my sole name so he wouldn't get stuck with it.

      I couldn't get new credit in my own name, but in my search for a balance transfer an old Citibank cc account came to my attention. The account was opened by my ex and me, but I wrote and talked with them to take his name OFF the account and put my name in as the SOLE account holder. They said it was done, and all of the bills, etc., have come in my name only.

      Just because I'm anal I wrote to them for confirmation that I am the ONLY name on the account, there are NO other authorized users, and NO ONE ELSE is responsible for paying the balance.

      In two separate emails, I get: I am A (not THE) primary cardholder. I am the sole authorized user.

      So I write back saying, in essence, yeah okay, but am the ONLY cardholder and am I the ONLY one liable for the balance.

      No response. I fear that somewhere, somehow, my Ex is still considered a "cardholder" and liable for the balance when I declare bk.

      When you spoke to Citibank and they told you they had taken your ex husband off of the account, did you receive a new card with a new account #?

      Comment


        #4
        JustBroke is right. If you originally opened the account jointly, then both of you are on the account. In order to not have him on the account you would have had to pay off the account, close it entirely and then open a new one in your name only.

        The divorce does nothing about taking names off of the account. If you BK this account, they will probably (more likely than not) go after your ex for payment
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #5
          Originally posted by StartingOver08 View Post
          JThe divorce does nothing about taking names off of the account. If you BK this account, they will probably (more likely than not) go after your ex for payment
          I'm only adding to this.

          If it's a Chapter 13, then the co-debtor stay would protect the co-debtor for up to 5 years (until discharge). (That is unless the creditor files a motion for relief from co-debtor stay, but they'd only do this if it was a significant amount of money and worth the Adversarial Proceeding and other fees to litigate. I haven't personally witnessed many of these motions... however Ford Motor is notorious for doing these in my District.)

          Depending on which State you're in, bankruptcy may or may not toll the Statute of Limitations.

          So if you were in Florida and in a five year plan, then the co-debtor is basically saved because the collection of the debt would be time-barred after 4 years. (Again, unless teh co-debtor stay is lifted by motion. Also, I see that Honda Finance also likes to do these...)
          Last edited by justbroke; 10-20-2008, 02:37 PM.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            If you are now bk, ex is going to have to assume some liability. It is too late if you have filed. You need to talk to ex, and get on his good side. I wish you good fortune on that. 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

            Comment


              #7
              Update:

              Citibank FINALLY answered the question I was asking with this: "The only name on the account is "wonkettegirl." No one else is responsible for or may use this account."

              That is a relief.

              Comment


                #8
                Originally posted by wonkettegirl View Post
                Citibank FINALLY answered the question I was asking with this: "The only name on the account is "wonkettegirl." No one else is responsible for or may use this account.
                I am very pleased to hear this. I'm glad that it worked out for you.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment


                  #9
                  Originally posted by wonkettegirl View Post
                  Citibank FINALLY answered the question I was asking with this: "The only name on the account is "wonkettegirl." No one else is responsible for or may use this account."

                  That is a relief.
                  Good news!
                  May 2008 Hired 1st Attorney/Stopped paying CCs
                  May 21, 2009 Retained 2nd Attorney
                  May 28th - Filed for Ch 7 (FINALLY!)
                  9/11/09 - DISCHARGED!!!!

                  Comment

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