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  1. #1
    Join Date
    Feb 2006
    Location
    Arizona
    Posts
    2

    Default Contract Fraud

    I had purchased a kirby vacumm and in the end a salesmen had told us a person from their finance department will call to confirm that i bought a vacumm and pick the first date of payment. A couple weeks passed and I did receive that call and that was all that was discussed. A month passed and me and my fiance split up. Without my knowledge he had called the finance company to remove his name. I found this out when I had called them to pay the first bill and wanted to speak to them about possible splitting the bill with my fiance ( I didn't state his name). I found kirby had turned over the contract to the finance company and showed that there were two people on it. The finance company only showed me on the contract. They said that when they called to talk to me that it that I was agreeing to a new contract (which i never agreed to a new contract). I told them how can they change the original contract without my knowledge or without informing me about my fiance removing himself. Their only response was you are not getting out of it. They are uncooperative and unresponsive to me requesting a copy of this new contract along with a copy of the audio conversation. Are they right or is what they are doing illegal. Please help, I am not certain of the contract laws

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Defaulting on a Contract

    Your problem is what? That you want to keep the vacuum but not pay for it? If both you and your boyfriend signed the contract, typical terms would permit them to collect against you, your boyfriend, or both of you - their choice.

  3. #3
    Join Date
    Feb 2006
    Location
    Arizona
    Posts
    2

    Default

    No, my problem is that I am soley responsible in their eyes. I wanted my ex to be liable for half of the cost. He did sign the contract, I have the copy. For some reason the finance company took him off of it without my knowledge and is holding me financially liable for the cost. I just wanted to know if they have the right to remove him from the contract without my knowledge or consent.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    It doesn't make any difference whether they 'take him off' the agreement, or simply promise him that they won't pursue him for the debt, or promise him nothing at all. They are entitled to direct all of their collection efforts at you, and you are contractually liable for the entire debt. You may have an indemnification claim against him for his half, if it goes to court.

    You have the vacuum, right?

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