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  1. #1
    Join Date
    Oct 2013
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    3

    Default Can You Avoid Paying a Loan By Claiming You Were Tricked Into Borrowing the Money

    My question involves collection proceedings in the State of: CA

    Kind of crazy one here.
    My girlfriend had a loan taken out under her name that was opened by her ex-boyfriend. The ex-BF had her sign documents, without her knowing what it was for. From what I am told, the bank did not follow the rules properly either to take this loan out. Her ex-BF had friends that work in the bank.
    The ex-BF has been supposedly paying the monthly payments for 5 years. He has now missed several payments.
    Wells Fargo has now sold this debt to an investment group. This investment group has hired a debt collection agency.
    My girlfriend received a call from the collection agency, saying she owes $25K for this loan.
    We are going to check if this shows up on her credit report tonight.

    1. If this does show up on the credit report, can we have it removed?
    2. OR, if it does show up, how can we have it transfer over to her ex-BF?

    Its essentially fraud, but she doesn't want to take this to court with her ex...it would just be too big of a mess.
    Any suggestions would be greatly appreciated.

  2. #2
    Join Date
    Apr 2009
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    Default Re: Debt Agency Collecting and Fraud

    It's not fraud. She signed the documents - that she didn't really look at them really only comes back on her.

    Legally she owes the debt, as does the ex-boyfriend.

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default Re: Debt Agency Collecting and Fraud

    Quote Quoting Dogmatique
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    It's not fraud. She signed the documents - that she didn't really look at them really only comes back on her.

    Legally she owes the debt, as does the ex-boyfriend.
    Assuming that the ex boyfriend is also on the loan.

  4. #4
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    Apr 2009
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    Inland Empire
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    Default Re: Debt Agency Collecting and Fraud

    Quote Quoting llworking
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    Assuming that the ex boyfriend is also on the loan.
    Why do you say that? She could have signed loan docs that only commit her to the loan and if she didn't pay attention to that it is still on her.

    In fact, the new BF only knows what the "victim" is stating now. Certainly this is now what happened when she was in love with #1.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Debt Agency Collecting and Fraud

    She's saying that if the ex-boyfriend is not on the loan, the bank would consider girlfriend to be the only debtor - in which case the operative statement would begin and end, "Legally she owes the debt."

  6. #6
    Join Date
    Oct 2013
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    3

    Default Re: Debt Agency Collecting and Fraud

    So what I'm told, the signing of the loan docs was done illegally. My GF worked at a bank before, and she said the procedure was completely incorrect. Besides that, she was just plain fooled by her ex-BF. He told her the docs were nothing important...and she just plain trusted him. So thats her fault.
    I don't believe his name is on the loan either.

  7. #7
    Join Date
    Apr 2009
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    Default Re: Debt Agency Collecting and Fraud

    Okay, please explain why the signing was illegal.

    Lack of due diligence does not equate to illegal.

    And I have a feeling you're not being given the whole story to begin with.

  8. #8
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    Apr 2009
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    Inland Empire
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    Default Re: Debt Agency Collecting and Fraud

    Quote Quoting rfsandiego
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    So what I'm told, the signing of the loan docs was done illegally. My GF worked at a bank before, and she said the procedure was completely incorrect. Besides that, she was just plain fooled by her ex-BF. He told her the docs were nothing important...and she just plain trusted him. So thats her fault.
    I don't believe his name is on the loan either.
    You just made your GF look so totally stupid. In the light of new information, I am going to say: She should have known better if she worked for a bank. Simply not signing on the dotted line would have been the right thing to do. Tell her to pay her debt and to not be so love blind and stupid.

  9. #9
    Join Date
    Dec 2009
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    Default Re: Debt Agency Collecting and Fraud

    I have been with my hubbie for 25+ years and I can say unequivocably that this sort of exchange seldom, if ever, occurs during the normal course of a relationship. In 25 years my hubbie has never had a reason to hand me a legal-looking document and say to me "just sign it, don't worry about it, it means nothing." Had he given me such a document and said such a thing, I would have, at the very least, read the document before even considering signing it.

    But then, that may be because I am of normal intelligence.

  10. #10
    Join Date
    Sep 2013
    Posts
    244

    Default Re: Debt Agency Collecting and Fraud

    Quote Quoting rfsandiego
    View Post
    So what I'm told, the signing of the loan docs was done illegally. My GF worked at a bank before, and she said the procedure was completely incorrect. Besides that, she was just plain fooled by her ex-BF. He told her the docs were nothing important...and she just plain trusted him. So thats her fault.
    I don't believe his name is on the loan either.
    like radar in mash huh....just sign here col.

    she should read what she signs ... hardly "being fooled" ; certainly foolish but thats on her.

    run away from this girl is my advice

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