- Tue Oct 16, 2007 2:24 am
. I'm sorry, but this is actually a United Kingdom
based Debt Help Forum and as such it is extremely unlikely that anyone here on this Forum is going to be able to help you in any way.
You could try re-posting your question in the Global Debt Questions Forum
. But to be honest I doubt anyone will be able to offer you any advise as Debt Advise and Consumer Law will vary between the USA
and the UK
In the UK, a 'Credit Agreement' that is not properly documented and signed
by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.
Is there a similar USA law? If so, then you would probably be in a position to challenge this "Key Derogatory
" whatever that might be. I assume it is like a *black mark* so to speak on your Credit File. In the UK if an entry appears on a Credit File that you know is incorrect, the Consumer can write to the Credit Reference Agency and ask them to remove it. But it seems that is not the same in the USA from the way I understand your enquiry.
To be totally honest, the best advise anyone on here could give you would be to *GOOGLE* for Debt Help advice / Consumer Law etc in your own country and check that it is actually aimed at Citizens of the US.
We also have CAB
's in the UK. (Citizens Advice Bereau's) that offer Free walk-in advice on Consumer related matters. Do you have something similar in the USA? If so that might be your first port of call.
However, one thing that I am sure will be the same in the USA as in the UK is *IDENTITY THEFT* and if you suspect this then you really ought to report your suspicions to your local Police Station.
I've argued the fact my name isn't on the contract, but have been told it is my debt because my name is in their computer system.
I am not 100% certain, but if a similar situation occured here in the UK I do not believe that simply because your name is held on a Computer System that you are automatically liable. Thousands of people have exactley the same Christian & Surnames, for example there are at least NINE other people in the UK who have exactley the same name as I do, therefore further proof (ie a Signature)
would be required. I am quite sure that in a Country as large as the USA that there must be at least ONE other person who shares exactly the same name as you, probably a great many more. Look up your own name in a local Telephone Directory and see.
They said the only thing I can do is file charges against her for identity theft since I claim I don't know how they received my name.
Surely it is not up to you to tell them you have no idea how they got your name, but rather for them to tell you how they have got your name on their System.
You see this is another reason why its doubtful anyone here can offer you any advise that would be of any assistance because over here we have what we call 'The Data Protection Act'
. Now I should imagine the States would have something very similar, BUT it might not work in the same way as it does over here in the UK. Over here, we are entitled to make a request to anyone holding our details on their systems to advise us of precisely what details they hold. For example we can request to see the files held by our own General Practioners. And these details must be provided to us by law, but cannot be disclosed to anyone else without our express written consent, unless it is requested by the Police.
An ex-girlfriend's name is on the contract with her signature. I've argued the fact my name isn't on the contract, but have been told it is my debt because my name is in their computer system
If your Ex-Girlfriends name appears on the Original Contract and she has signed it, then I fail to see how you can be advised that it is not her responsibility but yours. Do you you know how or why your own name is appearing on a Computer System for something you are not responsible for? The only reason I can think of is as you say, a possible attempt at Identity Theft
. In which case you really do need to seek advise from your Local Police Station.
You appear to have a valid case but as to how to solve your problem, I'm afraid I cannot help you any further and it is highly doubtful anyone on else here will be able to either.
Do Not Let Debt Collectors Get You Down. It Is NOT a Criminal Offence To Owe Money (except Council Tax & Tv License) Just Give Them As Good (or bad) As They Give You. Information & Advise given in my posts is based on personal experience and should not be taken as the norm. Each Case is different.