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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.




The letter was from GEMB on their letterhead? Is it listed as a joint account on your credit reports? Have you disputed the GEMB tradeline with the CRA's?

Sub: #1 posted on Fri, 08/01/2008 - 17:30

NASCAR_Devil NASCAR_Devil
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It is on GEMB letterhead. They are now showing it in my name only. I asked them to send me copies of statements, which they did but just for the last year. The older statements show both names, mailing address is one where I never lived, and they misspelled my name! I don't get another free credit report until later this month, so I haven't been able to check it there. Is that what you mean by "disputed the GEMB tradeline with the CRA's" ?

Sub: #2 posted on Fri, 08/01/2008 - 18:02

linpat62 linpat62

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If it is inaccurate, you can dispute it. But, if your boyfriend opened the accounts without your knowledge, it is ID Theft. File the appropriate paperwork with the CRA's from the FTC website. Send copies to GEMB as well, they may not like it but if he did it without your knowledge, they have no recourse. www.ftc.gov

Sub: #3 posted on Fri, 08/01/2008 - 18:57

NASCAR_Devil NASCAR_Devil
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Get a current copy of your credit report and go to your local police department and file a case of Identity Theft. You don't even need to tell them that you think your deceased boyfriend did it. Just tell them that it is on your CR and you know it is not yours and the company is requiring a police report before they will investigate further. Between that and them not having a signed contract you are set I think. I would send them a letter with the police report attached and a copy of them stating they don't have a signed contract and tell them to immediately remove this account from your name or you will sue. I would carbon copy all of that to each CRA along with a dispute of the line item on your CR. I think not only do they need to remove this but if they don't you can make some extra cash off them for violations.

Sub: #4 posted on Sat, 08/02/2008 - 00:38

DOLLARSandSINCE DOLLARSandSINCE
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If the account is showing up on your credit report send dispute letters to the three credit reporting agencies claiming the account is not yours, along with copies of the GEMB letter stating, "Unfortunately, a copy of the original application for the above referenced account is not available." The CRAs will investigate and GEMB will have 30 days to provide proof.

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 Sat, 08/02/2008 - 01:54

amiller2 amiller2

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Unfortunately the fdcpa does not apply to the Original Creditor.

Sub: #6 posted on Sat, 08/02/2008 - 15:14

NASCAR_Devil NASCAR_Devil
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The fdcpa does not apply to OC's; however, check and see if your state has any laws on the books to protect you from OC harassment.

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 - 16:28

FloridaRon FloridaRon

(Posts: 1190 | Credits: 74.85)

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