FFIL REALLY stepped over the line!!

[MandyMaloo]

Hello everyone!

I apologize as I don't know anyone here, and I want to introduce myself before venting about my FFIL.

My name is Mandy. I'm 21, live in NC, and am engaged to my very best friend. We will be getting married in July of 2006. Sorry it's a short introduction--there isn't much else to know about me :).

Anyway--on to the vent! Today I checked my mail, and I saw something for my FI's Student Loan information, but it had my name on it too. I called and asked if he would mind if I opened it- since he took out the student loans before we ever met, and I was concerned my credit was going to be effected. He told me to open it, and my name and informaiton was on all of the payment slips! I was soooooo angry! I asked him what was going on, since in no way, shape or form should I be on the account, NOR should I have access to confidential information for my FI. He had no idea what was going on, and asked me to call the Loan place and start asking some questions.

I called and they asked for my name, the account #, etc. I told them and the guy asked "And your husband is Chad XXXXXXX". I went on to tell him that we were only engaged, and the guy sounded shocked. He said "I need to delete your information immediatly." I agreed and asked him who the heck gave my information and told them we were married. He looked back into the files and told me that my FFIL told them were were married and put me as the "cosigner" bascially getting himself off the hook. I WAS LIVID! I responded by telling the guy that that was not the case, and that something should've been done since I had never authroized any of this crap. The guy apologized over and over again and assured me that this would be cleared up.

I called FI and told him the news, almost crying I am so angry. He was soooo pissed! He's talking to his father, becuase at this point I am so angry, I cannot speak to him. How dare he lie to a credit agency and risk harming my credit (luckily it didn't)!!!!!!! They'll be having a long chat I'm sure.

Has this happened to anyone? Do cosigners have certain rights that I am unaware of that could authorize this kind of action? Can FI sue the loan place for giving out his personal financial information without his consent/knowledge?! If anyone has any words that could help, or any ideas on how to confront wedding plans/family harmony after something like this--please help!! Thank you in advance!

[ktsb]

Wow, I can understand why you'd be pretty upset.

First let me say there is no way the loan company should have let your FFIL give them your information that easily and I bet that's why the rep. was so apologetic. Definitley call them on it!

Is it possible your FFIL was just assuming you guys would be getting married so why not get his name off of everything? Are you sure his intent was to "get himself off the hook?" I mean has he done other things to led you to believe he was doing this for the WRONG reasons??

[Zelda Von Yitz]

I am not even sure this is legal -- why didn't that loan company ask for proof?

YOu've got every right to be upset: your FFIL is in the wrong and so is the loan company.

I sure hope your FI sets your dad straight and lets the dad know that the buck stops here and that he won't tolerate any other kind of bullsh!t he might decide to pull.

[ejs]

How did he get your information to give them? Didn't he have to give them info such as your Social Security number? I just don't see how he was able to do this. What did he say to your FH?

[Delaney21]

How can your name be listed as a cosigner, if you never signed for anything? It doesn't make sense that they can just switch a cosigner. Even if you were married, I think you would have to sign something over saying that you are willing to take on the debt.

My understanding, which could be way off, but I thought that should something happen to your marriage (divorce) your husband is still liable for his debts incurred prior to the marriage, and you are liable for yours. But they don't combine them and split them like they would with debts you incur after the marriage. If this is true, I'd be hesitant to take over that cosigner responsiblity. Leave it with FFIL, he signed them in the first place, he knew what he was getting in to.

[MandyMaloo]

Thanks for the replys!

I had no idea if I am just clueless or if I can actually take legal action (we're actually considering it!).

I never signed anything having to do with my FI's loans. I am close to being done on paying mine off. I don't know how FI's dad could've gotton ahold of personal information such as SSN and the like, but I don't know if that stuff was even used. It doesn't show up on any of the information we recieved today.

I don't know...I'd like to believe that his dad wouldn't do this, but things have been rather tense lately since his awful wife has said some things about both FI and myself. She's a total jerk and treats her step children as extra luggage, and her own as if they were the greatest things since sliced bread (VERY far from the truth!). I wouldn't put something like this past her. I am starting to wonder if she put him up to this somehow. Maybe she convinced him that if my name went on there, that he wouldn't need to worry about it anymore. I have no idea.

FI wont be off of work for a few more hours, so I'm not sure how the conversation with his dad went. He's just as livid as I am, and I am sure this will end up dragging on. I am just in shock.

I really appreciate you responding...I wanted to make sure I wasn't flying off the deep end and just didn't understand the co-signer responsabilities. Thanks again!

[pacificbliss]

That is really odd...and scary. How can someone designate you a co-signer without you signing something?! They say you should check your credit report periodically because things can happen...I guess it is a good idea. I hope it's all straightened out quickly.

[Zelda Von Yitz]

Is there anyway you can go to that place in person and ask to see the paperwork? This incident indeed merits a visit - or perhaps they can fax it to you or email you electronic copies of it.

[keska]

What are your damages? I mean, what are you going to sue them for? As far as I can tell, you haven't suffered any harm yet. It took you 10 minutes to fix the problem and, so far, you haven't mentioned that it hurt your credit. I'm not saying they didn't break some regulations that might get them fined by some regulatory agency, but so far, I don't see what you're going to recover for.

That said, it was a really crummy thing for your FFIL to do and I hope your FH tells him so.

[ejs]

Keska, I completely agree. I don't see what the point of suing would be.

[KaliLily]

Mandy -

I agree with the others here that a lawsuit against the loan company would be difficult as there are apparently no damages. You could, however, write to the company's legal department and demand an explanation. You could also file a complaint against the loan company with the appropriate regulatory agency. Up until recently, I made my living dealing with regulatory agencies for a telecom company. I can look up which agency you would contact for this for you if you'd like.

[lml41981]

I think suing them for a mistake (albeit a mistake that probably never should have happened) is jumping the gun. Your credit is fine and even if it had been damaged, it could have been reversed. If you sue, it will just make you look like you're money hungry...

As for how someone can cosign a loan without physically signing it...I'll tell you how. You have someone at the office willing to turn their back because they understand the situation (or who thinks they do). Without going into details, I know this happens.

I do think you have reason to be upset...but not reason to sue.

[ktsb]

I agree suing will probably yield nothing but a headache and lots of legal fees.

However I also think this company must be taught a lesson. Who regulates this company? They need a huge slap on the wrist or worse so they discontinue this practice.

[PG-rated]

I strongly encourage you to report this to the appropriate regulatory body. Several years ago, the loan company that had my undergraduate loans merged my records with another woman with the same name. My information ended up on her credit report, and vice versa. Unfortunately, she's apparently never paid a bill in her life, and since I was easier to locate, I got to have all the fun of dealing with collection agencies, credit reporting agencies, and even the IRS to get my record cleared. I couldn't report the loan company because I have no proof that they caused this, but considering that the problems started when she defaulted on her student loan, I'm 99% sure it was them. It's very important to make these companies understand that our credit information isn't something they can just play around with. I agree with everyone else that suing isn't the way to go, but reporting them could make a difference.

[MandyMaloo]

Hey everyone!

Sorry I hadn't responded in awhile- I was away all weekend. FI talked to his dad who denied the entire thing. FI is incredibly angry!!! Either his dad really DIDN'T do it and his messed up wife was the one who did, or he's lying.

Either way, I agree with everyone here. It would do me absolutly no good to sue. Nothing was damaged, and luckily I caught it in time so that nothing was put onto my credit report. I was just so angry that a company could do somehting that could've potentially damaged my credit without ANY authorization.

I really apppreciate everyone's help here. I plan on calling the loan company back this afternoon and talking to someone about what happened. I want an explination, and I want to make sure nothing like this happens again. FI also plans on calling for his own good since he is worried that they may have given out some more of his personal information. Scarey stuff....but all is well now, and a crisis was averted :)

Thank you again for the suggestions and support, it helped!!

[keska]

That sounds like a good plan. The company should apologize to you and reassure your DH that no one else will have access to change his loan information. I have no idea how someone could have done that by phone, though. It would seem to me that someone would have had to sign to get you on the loan. That's pretty sneaky.

[ktsb]

Glad you are feeling better about it.

I'm sorry that someone is obviously lying though. You may want to be cautious about the IL situation. Keep your eyes and ears open. I don't like the fact that they could be this sneaky.