Help with loan thats not mine!

Submitted by dfritz001 on Tue, 06/10/2008 - 18:15
Forums

My daughter got a Dell account in her business name. I was used as a cosigner but I just found out today when the CA called. I do not want to press charges against her because of my grandchildren. Can they still hold me responsible since I never signed any papers? Nothing was signed in my name at all. Thanks so much for your help.

I would send a written request asking for proof that you signed a contract agreeing to pay any defaulted loans. IF they cannot provide it they are violating the FCRA and they must remove it or leave themselves open to a lawsuit.

Tue, 06/10/2008 - 18:36 Permalink

Hi dfritz001
Since you have no signatures on the loan agreement, you are not at risk. If they at all call you for the debt, you can ask for a copy of the loan agreement papers to find out whether you have your signature on it or not. If you don't find any signatures on the documents, you can challenge them and even threaten them to complain to the FTC if they hold you responsible for the debt.

Wed, 06/11/2008 - 06:38 Permalink

I wonder if you are just a reference, and not a co-signer...and the CA is trying to manipulate you into paying.

Thu, 06/12/2008 - 12:04 Permalink
Anonymous (not verified)

Thank you all for your help! Your answers made me feel so much better. RMS(Receivable Management) said that I was listed as a personal gurantee so I am assuming that is like a cosigner. Someone named Gary from RMS called me last night. I asked if he could send me copies of the original loan papers that had my signature on it.....and he HUNG UP on me!! Maybe that's a good sign?!! Thanks again everyone for your help and advice. I appreciate it!

Thu, 06/12/2008 - 21:36 Permalink

WOW, thats rude. I would def send that request in writing.

Fri, 06/13/2008 - 06:55 Permalink

Hi
In such a situation I would have sent a certified mail asking them to send me a copy of the loan agreement papers which has my signatures that would validate my accountability towards the loan. If they cannot, you can threaten to take them to the FTC if they disturb you again.

Fri, 06/13/2008 - 09:15 Permalink