I have been going back and forth with GEMoneybank and their collection company, Encore, regarding 2 credit card accounts that my boyfriend opened, and apparently signed my name as a co-signor. He passed away over a year ago and these accounts started coming to me.
The company, GEMB, has finally said in their most recent letter, AND on the phone, that they don't have the original agreement which would show my signature. To quote the letter I received today "Unfortunately, a copy of the original application for the above referenced account is not available."
This seems to me that it is proof that I don't owe them any money. Does anyone know? They call me every day and mostly I don't answer the phone. I need good advise as to what to do. thank you.
Sub: #1 posted on Fri, 08/01/2008 - 05:00
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Sub: #2 posted on Fri, 08/01/2008 - 05:32
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Sub: #3 posted on Fri, 08/01/2008 - 06:27
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Sub: #4 posted on Fri, 08/01/2008 - 12:08
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You could also send GEMB cease and desist orders stating that the account is not yours, and for them to discontinue contact with you regarding the debt. It is your right under the Fair Debt Collections Practices Act. Their only option to then collect will be to file a civil court complaint and sue. Again, they would have to provide proof that you signed for the account.
Sub: #5 posted on Fri, 08/01/2008 - 13:24
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Sub: #6 posted on Sat, 08/02/2008 - 02:44
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But, it's my opinion that if you follow the other advice regarding disputing with the CRA's and sending letter to GEMB, with their letter attached and a copy of the police report, this will all go away.
Keep us posted.
Sub: #7 posted on Sat, 08/02/2008 - 03:58
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