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 Posted: Fri Jul 11, 2008 8:19 am Subject: Validation on Possibly Fraudulent Account |
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I posted about this earlier but couldn't find it until today...
My deceased ex-girlfriend may have opened a couple of joint credit card accounts using my name as a co-signer. GEMoneyBank is now trying to collect from me. I vaguely remember signing something for her a couple of years ago, we split up, and about a year later she passed away.
I sent GEMB a letter asking for copies of the statements and the signed contract so I could tell if it was my responsibility. I received a packet of statements yesterday for ONE of the two accounts in question. The first statement they sent was dated six months after the "original purchase date", so I don't even know what was purchased! For a year and a half the statements were mailed to her address. I never saw them, was out of her life, plus she died about 6 months after the account was opened! To top it off my name is misspelled. Then they found me and started sending the bills to me, still misspelling my name. I have told them repeatedly that this is not my account, etc.
When they initially called me, about 6 months ago, they did not have any of my personal information (address, birth date, etc. - it was all hers) I have told them I don't think this is my problem. I have asked for a copy of the signed agreement - something with my signature on it but so far they haven't sent that. I have not paid anything and don't intend to, however it is growing and growing! Any suggestions?
Someone posted that if this is a fraudulent account that it is a matter for her estate. She definitely had NO estate. She left only bills! How do I get them to send me a copy of what they believe I signed so I can see if it even looks like my signature?
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bobsterbob62
Joined: 22 Dec 2006
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| Posted: Fri Jul 11, 2008 9:02 am Subject: |
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You would have to DV them again stating the info they sent is insufficient. Don't give them any of your personal info other than what they already know. You will have to stay on top of them and catch them in violations of the fdcpa and the FCRA probably to make this go away. I really doubt you are responsible for any of this though unless you signed that contract also but make them show it.
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DOLLARSandSINCE
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| Posted: Fri Jul 11, 2008 9:51 am Subject: |
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Thanks for that input. I have another GE Moneybank account that is legit, so they probably have my information. However, with the misspelling in my name, I'm not sure if they know it!!
Fair Credit Reporting Act? What is fdcpa?
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DOLLARSandSINCE
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| Posted: Sat Jul 12, 2008 5:37 pm Subject: FDCPA Does Not Apply To Original Creditors |
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If they have your new address, send them a dispute letter indicating that the account is not yours. Ask for the original loan application. If they cannot provide it you can file a "declaratory action" is state court asking a court to determine your rights.
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cajunbulldog
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