OC and Third Party

[torikid]

I have an original creditor that listed my boyfriend as my co signer on my new car. HE DID NOT sign the papers. This was a mistake.

1. They are on his credit report. Verified and ignoring CMRRR correspondence to be removed and fix it.

2. It is listed as a joint account on my Big 3 and it is mine alone with no cosigner. This info has been verified.

3. By phone through the Dealership they acknowledge the mistake and will fix it. Not done.

4. They had not sent me a statement so through the dealership, they waived fees and sent a statement so I could send money. In the meantime, two months after trying to fix it, they sent HIM a letter stating that I was late on my payment. 2 weeks late, but this is 3rd party communication.

I clearly need to sue the OC for both him and I to get this fixed.

My question... after the background info...

What part of the law do I have the right to sue for third party communication with an OC. I know it for the DC and DA, but is a consumer covered when it comes to the OC? Thank you.

[swirlgirl]

I guess my first question is how did the car dealer get your boyfriend's info if he wasn't part of the deal? I think it would take more than his accompanying you to the dealership for him to get invloved. Did he provide any indication that he was part of the deal?

Since the dealership is telling you on the phone that they acknowledge the mistake, why not send them a letter so that they can respond in writing. Then when you have it in writing, you can use this as evidence with the CA/CRA.

[torikid]

We originally applied to trade in his truck and my suv for one. We were denied due to declining value in cars. Weeks later, I had them try just me, just my suv for the car. When we worked through this deal from beginning to close, he was not in town and I refused to have him on my car alone. They approved it just me. The contract is just me. The title is just me. The credit reports show otherwise. Does that clarify?

[swirlgirl]

Oh, it sounds like they never "closed" that first application. Again, just see if you can get the dealership to admit the mistake and agreement to fix the mistake in writing.

[torikid]

Thank you. Let me clarify. The dealership's paperwork is correct. They called and asked the finance company how this happened. I have a contact for the lady at the finance company, yet she will not return my calls. The dealership made the call to help me, but has made it clear that there is nothing they can do about the paperwork of the finance company. I obviously have paperwork from the dealership and his name is not on any of the papers that I signed. This is preventing him from refinancing his home because of the additional debt. I feel badly about it and want to figure it out for him.

[Recovering Attorney]

it is your bf who has standing to sue, as it affects his credit. I'd see if the item has affected his score negatively. That would be good damages.

[torikid]

it is your bf who has standing to sue, as it affects his credit. I'd see if the item has affected his score negatively. That would be good damages.

I figured he would. I just want to draw up the papers for him so we can get this started asap. Under what rights would he have to sue. It did drop his scores to have a new account.

I appreciate it RA. As always, you are helpful.

[torikid]

Well, I spoke with an attorney referred through NACA. My BF has a good case for a lawsuit as you can imagine. We meet with him in a week. He gave me advice to go ahead and have my BF respond to the letter they sent him. Of course, I recently had made a file with the AG and disputed again with the BIG 3, so hopefully we can get this all resolved.

For those who read this and do not know. There are companies out there like Rapid rescore that some brokers use. For a fee, they can recalculate your scores minus an item on your report if it is in dispute. He suggested that if this lawsuit takes a long time, to find broker that uses a company like this. I thought that was kind of cool.