Can collection agency look at credit report

[alironz]

I have not filed yet. I am having disagreement with Amex as to whether I am responsible for debt incurred as an additional user on my dad's account. All charges were made for my Dad's expenses at his direction. West Asset has ben calling starting at 5:30 am and I wrote them to cease calling. I see yesterday they have requested my credit report. They list themselves as a collection agency. Is this legal for them to do.

[GreenInkOnPaper]

If you are NOT the cardholder, but merely an authorized user, you are NOT responsible for that debt. However, even if your Dad said, Hey run down to Wal-Mart and grab me this and that, and YOU signed for the purchase(s), the Amex DOES have the right to pull your credit for "account review".

[StartingOver08]

You said "additional user" on the AMEX acct, do you mean Authorized User or Joint Card Holder? As an authorized user, you have no responsibility for payment - as a joint card holder you do.

It is typical for a CA to tell you that you have to pay. They really don't care who pays - they just want $$$$. Most CA's will lie to you just to get you to pay.

I have a very close friend of mine whose father passed away. When he passed he owed a little on his credit cards. There were no assets in the estate - only the debt. The CA's hounded her for more than a year to pay his debt although she had nothing to do with the debt other than being his daughter.

So, just don't fold. If it is not your debt, do not pay. Don't even talk with them.

[Tbornetun]

Yes, CAs and original creditors can access your credit report at any time to either update it or find out more information on you such as a new address, phone, etc. Some access it every once and a while to determine whether they should

If you are filing Ch. 7, include the AMEX debt and you will not be liable for it your dad will. If it is his charges anyway, this shouldn't be a problem for him.

[alironz]

I am sorry I should have said my Dad died in May. My father opened the account in 1960 and at some time added me as an additional user. Amex says "additional". It was not joint account. Amex has never looked at my credit report and never spoken to me re any questions about the account. When they did review they always spoke to my Dad.

[Tbornetun]

First tell them to go away because it is not your debt. Then if that doesn't work, include it in the BK and they will have to go away.

[Nicollette]

West Asset has ben calling starting at 5:30 am and I wrote them to cease calling.

According to the FDCPA, collection agencies are only allowed to call between the hours of 8am and 9pm.

[GreenInkOnPaper]

According to the FDCPA, collection agencies are only allowed to call between the hours of 8am and 9pm.

Yep~ $1000 fine if they call at other times, unless you told them to call you at that time. Take a picture of your caller ID, if you have it, and inform them that you have no problem coming after them for FDCP violations.

[GreenInkOnPaper]

Oh, gee. I'm really sorry about your dad.
With that information, I say tell them to fry, send a cease and desist letter, which includes a line stating that you have checked with an attorney, and you know that you are not responsible for this debt. Really, they can't touch you. I would also notify the credit reprting agencies that the collector has no right to inquiry and to remove them.
Good luck!

[Tbornetun]

I missed that part about 5:30 am!!! Whoa, report their ass. It is probably an overseas call center mixed up on the time zones.
I am dead to the world at 5:30am, I pitty the fool that would attempt to call me at that time. I am a real ***** without my morning coffee.

[justbroke]

Let's go back to the heart of the original poster's (OPs) question. That is, is he responsible?

Unfortunately, the short answer is YES.

In the Additional Cardholder Agreement, you'll find that...

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.

You are bound by that Agreement and they can technically pull a credit report. Now, I'm wondering if they can do a "hard" pull or must the do a soft pull. I never had any answer on that.

What they are doing, is looking for assets. Seeing if you're paying a mortgage, cars, etc.

Again, if you have a case as to why the charges you made, should not be your charges, then keep stating it. You may end up in court over this. Sounds like they are preparing to sue you. Is it a significant amunt?

[yorkin]

Wow, that kinda freaks me out...I got my babysitter her own AmEx card on my account so she would have a CC when she took my kids out to eat or to the movies or shopping for me, etc... I would die if her credit was affected by my BK...so far I haven't heard anything like that from her and I know her charges were minimal...I guess I'll just have to see what happens...fingers crossed! My debt with AmEx is huge, hers almost negligible...we'll see