Capital One Credit Cards Changed owner of account to my Mother when my Father passed away Charlotte, North Carolina

"I have sent in a letter wanting the original application and they will not send it unless I give them her SS number, mothers maiden name , date of birth, and her signature."

   What's unusual about that?   The document you are asking for contains your mother's confidential information.   They're not going to give that out to anyone but her, or someone that holds a power of attorney for her.

I am very sorry about your loss, I know you are going through a hard time now, and it is wonderful that you are trying to take care of your mother's finances. However, when your father allowed her to be put on his card, she automatically became responsible for the account. He may have been paying, but if he can't, she has to. Also, they surely already have all of her identifying information, because in order to get on the card, they would have needed it. So don't be afraid to give them this info, if you really need the contract. But, personally, I wouldn't bother. I am sure that in the fine print, it will say that all signers on an account are equally responsible for said account. This is a good example of why everyone should have life insurance. Good luck.

Unless this is joint credit that both your Father and Mother has signed up for, then the debt is forgiven upon death.  If all she is an authorized signer, then she is not legally responsible for the debt nor would she no longer be able to use the account.  And since Allied Collections refuses to provide you valid proof that your Mother is liable for this debt, then she owes nothing and should pay nothing.

The next time Allied Collections calls, tell them that unless they send your Mother valid proof that she owes the debt, then you tell them that you no longer wish to have them call you about this matter and that any further harassment regarding this will be reported to the Federal Trade Commission and you will be seeking a lawsuit.  Also send them a Certified Letter - Return Receipt requested to show proof that your Mother asked for valid proof regarding the debt.

Also check with your State Attorney General to see how collection laws are governed in your state to see what her rights are in this matter.  Hope this helps you.

Sincerely,

Anonymous Individual - Three Rivers, MI

"Unless this is joint credit that both your Father and Mother has signed up for, then the debt is forgiven upon death."

  Not true.   If the father were the only debtor on the account, the debt would pass to his estate.   The debt would be paid by the executor when the estate went through probate.   The only time the debt would be forgiven is if the estate had no assets.

My husband passed away in 2008 and I was a authorised user on the account and I tried to get them to change the account over into my name and I would take responsebility for the account and I was told that they could not and would not do this becouse the credit limit was set under his credit score and income.

"Unless this is joint credit that both your Father and Mother has signed up for, then the debt is forgiven upon death."

  Not true.   If the father were the only debtor on the account, the debt would pass to his estate.   The debt would be paid by the executor when the estate went through probate.   The only time the debt would be forgiven is if the estate had no assets.

 

 

How are they going to prove that the estate had assests.  When my grandmother passed away I was the executor and I paid none of the bills, I told them that there was not estate even though there was plenty of money.  Why should they get money after my grandmothers death, we the family deserved it more than they did.  I just sent a copy of the death cerificate and said there was no money available to pay and if they wanted to collect go to cemetery and try to collect.

"How are they going to prove that the estate had assests. When my grandmother passed away I was the executor and I paid none of the bills, I told them that there was not estate even though there was plenty of money."

  So basically you lied and got away with it.   Good for you.   If they creditors had found out about it, YOU may have been personally liable for the debts.  In most states, the executor is liable if they are negligent in performing their duties.

 "Why should they get money after my grandmothers death, we the family deserved it more than they did. "

   They should get the money because your grandmother owed it to them.   Although from your post, I'm sure that such a basic issue of honesty and integrity would go right over your head.

 

When my grandmother passed away I was the executor and I paid none of the bills, I told them that there was not estate even though there was plenty of money

Yea sure Renya..that is as believable as you getting a house at a very good rate a month after you had your car repossessed. 

http://www.ripoffreport.com/car-financing/santander-consumer-u/santander-consumer-usa-drive-2888b.htm

But on the outside chance what you have posted is true I am sure that you have a lot of creditors that would love to get a hold of your financial information to see what other "games" you may be playing.

   I just like pissing peoople off, I am pretty good at it.