My joint credit card debt in my wife’s consumer proposal
My wife filed a proposal in 2012. One of the credit card companies included in this proposal is paid through the proposal. In turn, they are bound by the proposal. Now they are implying the debt is mine. Is this debt not written off through that proposal? The credit card company was never able to definitely show me liable for the account. They have gone through three separate collection agencies and it has finally landed on my Equifax / Transunion reports.
Are they allowed to double dip like this?
My wife called the credit card company before entering into the proposal asking if I was a co-applicant or an authorized user… To determine if the debt should be included or not. They could not answer a definite yes or no as the card was hers all along and I was added sometime later, maybe 10 years later. When the replacement cards were sent to us, the postage was in her name only, no mention of me what so ever, with the two cards in the envelope. Statements were sent in both names when I did use the card. My question is if the cards were sent in her name, and not mine, I am most likely not the primary cardholder. She has dates and names to substantiate all documentation. I was contacted by the credit card company, only to be told I am now responsible for her debt. I asked how am I liable when the card agreement came in her name and not mine. Their response was, I’ve used the card so I assume her debt. The final fact to this entire scenario would be, I have not used the card after my original card expired in 2007. She was actively using hers until 2012. I suppose they’re in for one hell of a fight. I’ll let you know how I fair out. Thanks again
If the debt in question is because of a joint credit card then you are both responsible for the debt.
The proposal does not bind the credit card company, in the case of your debt, unless they voted to accept the proposal.
If they did not vote to accept the proposal then you will be responsible for the remaining debt after considering the payment made under the proposal.