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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1 (permalink)  
Old 07-27-2016, 07:52 AM
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Default Affecting my credit and using credit cards in different last name?

My ex went back to her maiden name in 2015. (requested I write all cheques in that last name)

Now She just forwarded me proof of a receipt for section 7 purposes.
The receipt shows that she paid with a master card in my last name.

Is she obligated to inform the credit card companies of her name change?

I also checked my credit report and saw that there was a JOINT credit card that went to collections. I never knew anything about this card, never had it in my possession. Apparently it was opened in 2006-07 and active until 2012. (I have never been contacted by any collection agencies regarding it-----I believe the ex paid it off after being contacted by collection agency herself)------but it affects my credit negatively because she wasn't paying it properly/it went to collections. (She should have never had it in the first place/as I didn't know about it....nor should have she been using it until 2012!)

We separated/had separation agreement signed in 2009. That agreement stated that she was solely responsible for any joint debt. It stated that we would not pledge the others credit. If one of us became liable for the debt, the party who assumed the debt would fully indemnify the other.

Obviously there is no money owing for it anymore. So I am not having to pay towards it/ there is no dollar amount for her to reimburse me in that regard. But she's affecting my credit?

Can something like this even be rectified? Do I contact the credit bureau?
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Old 07-27-2016, 09:04 AM
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She can choose to use her maiden or married name for whatever she wants. It has zero effect on you and you shouldn't be concerned about it. That's between her and the bank.

As for the joint card, if the matter is settled there is unlikely anything you can do about it. The banks don't get involved in marital discussions that may or may not happen so her having the joint card during your marriage is really irrelevant to them. Especially now that itsclosed for a few years.

Very unlikely that contacting the credit bureau would be of any use at this point. The fact remains there was a joint card in your names, even if you didn't know about it. That's a communication issue between spouses, not with the banks or credit bureau.
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Old 07-27-2016, 02:25 PM
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"having the joint card during your marriage is really irrelevant to them."

My point was that she continued using the card when we were not married.

We had a big section on this covered in our separation agreement, which reads:

Neither ex or I will pledge the credit of the other or bind the other for any debts he or she may incur after the signing of this agreement. Ex and I acknowledge that we have not pledged the credit of the other since separation.

A party who is under an obligation in this agreement to reimburse or indemnify the other will:

Pay the other's expenses, damages, or loss, including costs arising from the party's obligation to reimburse or indemnify and

indemnify the other from

any amounts paid by him or her with respect to the liability, plus interest on the amount at 5% a year compounded annually and

actual legal fees and disbursements incurred by him or her





(So in reality had a creditor called me and made me aware of this debt, I would have been able to pay it and than gone after her for the cost? But because it went to collections and somehow hidden from me/only dealt with her......my credit suffers from it??)
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Old 07-27-2016, 02:58 PM
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Quote:
Originally Posted by Laughingstock View Post
"having the joint card during your marriage is really irrelevant to them."

My point was that she continued using the card when we were not married.
The card was used by her, paid for by her and the account now closed. It is irrelevant.

Quote:
We had a big section on this covered in our separation agreement, which reads:

Neither ex or I will pledge the credit of the other or bind the other for any debts he or she may incur after the signing of this agreement. Ex and I acknowledge that we have not pledged the credit of the other since separation.
It happened, and it's been taken care of and is a non issue.

Quote:
A party who is under an obligation in this agreement to reimburse or indemnify the other will:

Pay the other's expenses, damages, or loss, including costs arising from the party's obligation to reimburse or indemnify and

indemnify the other from

any amounts paid by him or her with respect to the liability, plus interest on the amount at 5% a year compounded annually and

actual legal fees and disbursements incurred by him or her
You incurred no expenses, damages, loss or costs as she paid it and the account is now closed preventing any further expenditures. You paid nothing towards any liabilities, interest, legal fees or disbursements. You paid nothing, there is nothing to gain by attempting to pursue this. You'll spend money you will never get back just to prove she spent what ended up being her own money and it cost you nothing.

Quote:
(So in reality had a creditor called me and made me aware of this debt, I would have been able to pay it and than gone after her for the cost? But because it went to collections and somehow hidden from me/only dealt with her......my credit suffers from it??)
So you're looking for what, exactly, out of pursuing this? You can call the credit bureau if you want and tell them your story and that you had nothing to do with it. And they will smile and nod and tell you there isn't anything that can be done. All they know is there is some guy calling to say it wasn't his fault, just like hundreds of others have before you with marital issues.

It happened when you were married, thus you are equally responsible whether you knew about it or not. She could have gotten a card in her name only and ran up debts during the marriage and you would have still been responsible as it is marital debt accumulated during the marriage - whether you knew about it or not. Just like if someone ran up debts, refinanced the home etc to feed a gambling addiction in secret, the fact remains it's marital debt whether it's in her name, yours or joint.

You got off lucky if she never disclosed it and you didn't have to pay a dime during equalization. But the credit bureau is not going to change anything because you and your ex kept secrets from each other while you were married.
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Old 07-27-2016, 10:30 PM
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Quote:
Originally Posted by blinkandimgone View Post
The card was used by her, paid for by her and the account now closed. It is irrelevant.



It happened, and it's been taken care of and is a non issue.



You incurred no expenses, damages, loss or costs as she paid it and the account is now closed preventing any further expenditures. You paid nothing towards any liabilities, interest, legal fees or disbursements. You paid nothing, there is nothing to gain by attempting to pursue this. You'll spend money you will never get back just to prove she spent what ended up being her own money and it cost you nothing.



So you're looking for what, exactly, out of pursuing this? You can call the credit bureau if you want and tell them your story and that you had nothing to do with it. And they will smile and nod and tell you there isn't anything that can be done. All they know is there is some guy calling to say it wasn't his fault, just like hundreds of others have before you with marital issues.

It happened when you were married, thus you are equally responsible whether you knew about it or not. She could have gotten a card in her name only and ran up debts during the marriage and you would have still been responsible as it is marital debt accumulated during the marriage - whether you knew about it or not. Just like if someone ran up debts, refinanced the home etc to feed a gambling addiction in secret, the fact remains it's marital debt whether it's in her name, yours or joint.

You got off lucky if she never disclosed it and you didn't have to pay a dime during equalization. But the credit bureau is not going to change anything because you and your ex kept secrets from each other while you were married.
This is the reality. Your ex could say that you knew full-well that she had the account. Then it becomes a he-said she-said situation. Motion would be dismissed IMO.

Move on. Be grateful you are no longer living with this person. Must have been shocking for you. I guess for those who are in new relationships you might advise people to do a credit check on themselves from time to time? If you have other advice I'm sure people would appreciate it.
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Old 07-28-2016, 07:30 AM
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Yes I getcha on it all! it sucks! Had I knew about it/had the company contact me, I would have paid it off. It wouldn't have affected my credit to this extent, and I would have been able to legally go after the ex for reimbursement.

I am now signing up for one of those monthly credit sites!
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