Belmont v. Associates National Bank (Delaware)

In September of 1987, Plaintiff cosigned for a credit card account with his son but does not recall doing so with Boatmen’s Bank of St. Louis or Defendant. On April 6, 1992 Plaintiff sent a letter entitled “Notice of Revocation of Co_Signor_Ship” stating that he wished to be removed as cosignor on his son’s account. Plaintiff enclosed a check for the balance of the account with an account number written on it. On the canceled check the account number was crossed out and replaced by Defendant’s account number held by Plaintiff’s son. Defendant denies receiving the letter, using the address on the letter, and does not explain how its account number came to be placed on the canceled check. After Plaintiff’s son filed for bankruptcy, Defendant sent Plaintiff a statement showing that the account had been assessed finance charges in addition to its outstanding balance and requesting a minimum payment of $413.49. Plaintiff sent Defendant a six page letter within 10 days stating that the bill was in error because he had no contractual obligation to pay any amount on the account and demanded proof of such an obligation. When Defendant finally responded 62 days later, it denied any obligation to provide Plaintiff with a copy of his original application and threatened his credit. Plaintiff’s credit report did reflect the delinquency. Plaintiff then filed this action.