Susan
This City,#2Consumer Comment
Mon, July 18, 2011
When he requested a card for you in 2009, and you didn't cancel the card then, you became co-owner of the debt.
If you are paying, and want this gone, why are you mad that they closed the account and you cant charge anymore?
MsT
Las Vegas,#3Consumer Comment
Mon, July 18, 2011
If this posts twice, my apologies, the website hung.
HSBC did not magically get your SSN, it was provided to them. While I'm no fan of Orchard Bank or HSBC, it is not their fault you are being held responsible for your husband's debt. Further, depending on your state's laws, a spouse can most definitely be held responsible for the other's debt, even after bankruptcy. The only one that got you into this mess was hubby.
Robert
Irvine,#4Consumer Comment
Mon, July 18, 2011
You are trying to have it both ways where you get the card but are not responsible for the debt, sorry but that does not work. You on one hand can not say that you are not responsible for the account, but on the other hand tell them to reopen the account or you are not going to pay.
First a creditor has the right to close an account for any reason. There is NOTHING you can do that would force them to reopen the account if they no longer want to take the risk on you. If they close the account YOU are still responsible to pay off the balance.
The next is the actual account. If you are 100% certain that you were only added as an authorized card holder and not a joint account, and there is nothing like any Community Property laws that come into effect. Then you are correct, you are not responsible for the debt. But the question then has to be asked is how did they get your SSN?
In a joint account if one party declares Bankruptcy the bank will go after the other party. So this is where you may have really "shot yourself in the foot". If the card is in his name only..it would have been closed in the BK unless he reaffirmed that debt. If he reaffirmed the debt then this entire report is a mute point and he owes the debt. But if you truly thought that it was in his name only, making payments is stupid on a discharged debt because you DON'T legally owe the money, and it does nothing to help your credit.
This means one of a couple of things. Either he got really bad advise from his Attorney, or you knew it was in YOUR name as well and you were trying to keep the credit line open. This is something your BK attorney possibly should have helped you with, especially if they are trying to collect on a "Discharged" debt.