The Woman Who Knew Too Little

Yeah,One more thing .This guy has the copy of the agreement which has her ss# and he knows her birthday.Contact all 3 CRAs and report she is a fraud victim, would also help back up police report.

Don't be surprised if he does this to someone else in the future.

vj

 

but you dont have HIM on ignore. I had him on ignore until i got curious about what he was saying about me when i saw reference to it on another thread.

I was wondering why the board was so slow lately. DUH. Everyone is writing to lizardking as usual.

He is back on ignore again now. Back to what I was doing before. Me and Mom.

 

That is worth a lot to me. Few take the time to say something like that. Especially out of the blue when they arent getting helped. This has been an exhausting week. Give me Strength!!! Thanks again.

 

Toothman:
Well seems Iâ??m the bearer of bad news allot lately, but if the Kingâ??s got no cloths (please donâ??t hate the messenger)â?¦ Your lady friend hasnâ??t got much of a chance in small claims, in fact none whatsoever. Foremost the amount in controversy exceeds that of most small claims courts, which is generally maxed out at about five grand. She couldnâ??t even sue for performance in small claims, again because the total amount at issue exceeds the small claims limits (generally).

And as if this werenâ??t bad enough (donâ??t clobber me), she canâ??t sue for fraud because technically sheâ??s not the victim; the lender is. She canâ??t claim ignorance because she signed the contract, and she obviously must keep making payments to protect her credit. So what to do?

I suggest she consider a municipal level action for Fraudulent Inducement as a primary count, if such is permissible within her jurisdiction. That is if, as Breeze suggested, Mr. Wonderful has any assets worth going after!!

Man, I loathe guys who take advantage of women like that (no cahonies); frankly he ought to be hammered (in the pugilistic sense)â?¦ And soundly too!

 

Anthony:

Please don't take this as an attack. It isn't, nor is it meant to be anything but constructive.

"Cahones" is the way it's pronounced, but not the way it's spelled. The proper spelling is cajones. In Spanish, the letter J is almost always pronounced as an H.

Examples:
Jota is pronounced Hota. (means a gay person)
Cajera is pronounced cahera (means a cashier)
There are exceptions, such as Juarez, pronounced Wharez,(a city just across the border from El Paso, Texas.
Tijuana (the city) is pronounced Tiawana with the J being silent.
Jaguar is not pronounced with an H but usually referred to as just Tigre anyway. (Jaguar being a large cat or tiger as well as an automobile)

Tijon is pronounced Tihon (means the animal we know as badger)

Have a nice day.

 

You have a lot of excellent replies here, and almost without exception, they are all right on point.

One thing that has not been suggested here is this:
Has she made any contact with the Student Loan authority itself about this matter?

I don't have any idea how much good it may do, but it can't hurt her to try to talk to them to see if they have any suggestions as to her best approach to the problem?

As has already been pointed out, she can't demand criminal prosecution because she isn't the primary injured party, the lender is. If any criminal charges could be filed, it would have to be the lender that did it. She might talk to the lender and see if they would be willing to pursue criminal charges. It is possible they might be willing to pursue it. If she doesn't contact them and make the suggestion, she probably needs to do so whether it gets her anywhere or not.

She is in a tight spot, but that still would not keep her from attempting to get it off her credit bureau reports.

 

On the flipside.... she should be careful. If he committed fraud in filling out the paperwork, and she signed it, that would make her a party to the fraud also, wouldn't it?
I would think, though, that co-signers must have some rights to sue in small claims. I hope that she's able to recover her money.
If I were her...I would take over the payments, attempt to sue him, and try to get it off the CRA's. My initial thought was police report, etc, but that concerns me that her signature is on it. It could back-fire.
I sure hate to hear about someone getting taken advantage of like that. You are a very good friend to help her!

 

Thank you for your advice and I promise not to shoot the messenger. I totally understand about the limits of small claims, but I have one idea for you. Please let me know what you think of this one. On the loan document, it states that 5000 of the total must be used to purchase a computer. One wasn't purchased. Could she conceivably take him to small claims for that amount because she signed the application in good faith believing he would use that amount for its proper purpose?

I would like to take the liberty of commenting on the above first of all. In my personal opinion, I seriously doubt that she would have much luck with the above angle, again for the simple reason that she is not the victim.
Anthony has a idea in an earlier post where he stated that a claim or suit or complaint might be filed on grounds of something he calls "fraudulent inducement" and seeing that he is an officer of the court and a consumer advocate, he should have no problem coming up with and quoting some case cites where others have successfully pursued that approach in court so that she would have something solid to go on. One cannot simply take some wild-eyed theory of what one believes might or ought to work and go to court with that. One needs solid case law upon which to build a case. A Neanderthal comes up with ideas but has nothing to back him up whereas a professional player in the courtroom arena will know where to find case law and published legal opinion of judges to back up his every courtroom statement. Professionals do not rely upon theories, nor do knowledgeable pro se litigants. Only Neanderthals come up with ideas for which they have no backing, so surely Anthony can be so kind as to give us some legal backing for his ideas.

To Bill:

Thank you, Bill. My question would be, since the student loan company now has two people to chase for their money, why would it be in their best interest to offload the offending applicant 1? I like your idea but want to explore this further.

The Student Loan Company would not be interested in offloading the offending applicant nor any other applicant whose signature they had on the dotted line.

But the Student Loan Authority is not the Student Loan Company. They are a governmental agency and they do have consumer advocates on their staff whose job it is to help those requesting their help if at all possible. They are two different "animals" and while I seriously doubt that she can get any ideas or relief from the Student Loan Authority, what would it cost her to at least call them up toll free and ask for their opinion and or best advice????

She is in a real problem situation here, no doubt about it.
I know of no real or quick "cures" for her problem, although there well may be. If she attempts to go to an attorney, she is likely to spend a considerable sum of money with little prospect of relief. She may very well be able to do some internet searches in the online law libraries and she might stumble onto some similiar cases and thereby come up with some reasonable answers if she is lucky. There may also be some usenet groups which she can use to advantage. Some of them are moderated by and well attended by outstanding attorneys who might be able to give her advice and direction without it costing her anything. I have used the newsgroups to good advantage before.

My son-in-law, a Mexican citizen who had been raised in the U.S. since he was a tiny baby got himself into a drug deal and spent 2 years in Federal Prison. When he got out, they immediately wanted to deport him and arrested him at the prison door and took him to the Federal Detention Center in McAllen, Texas for deportation. I checked with the local "expert" immigration lawyers here in town. You know, the real professionals. They all told me that there was absolutely nothing that could be done and that he was a gone gosling and would never be able to return to the U.S. under any conditions. Since I know all about these "real professionals" and their supposed knowledge and expertise, I got onto one of the newsgroups and spoke with an attorney in Phoenix who referred me to a Head Professor of Law at the University of Texas, a lady who referred me to an attorney in McAllen, Texas. She said he was probably the best in the business. That attorney immediately told me that unless bond could be arranged, my son-in-law was a dead duck. He told me about a bonding company in Dallas who made the bond for $1200.00 and the attorney immediately went to court and got him bonded out and got him his travel permission to come to Oklahoma City for hearing. Before the hearing could take place, he was contacted by the FBI and asked to testify against those who had gotten him into trouble and both he and my daughter were placed in the witness protection program, given totally new identities and sent to Michigan to await the trial where he would testify. As a result, he is still here in the U.S., he is a protected citizen and cannot be deported unless he messes up again.

Time and time again, I have listened to these so-called, self-styled "professionals" and got nowhere at all, but when I did my own research into the problems, asked opinions of others and relied on what common sense told me to do, I come out winner whereas if I listen to these nut-cases who think they know it all, I would have come out the little end of the horn every time.

So I would advise her to simply keep looking at all the possible avenues and keep poking to see what she can find out. What has she got to lose?

 

She will have to be the one to contact the Student Loan Authority because she will have to give them her social and maybe other personal information before they will discuss the matter.

I have a number (1-800-456-6752) which may only be for the state of Oklahoma.

I would suggest that you have her call the number and if it is only for the state of Oklahoma Student Loan Authority ask them for the proper number for your state.

I think the main office is in Florida somewhere.
That is probably where you would have to end up.

Sorry I can't be of more help, but I really don't know much about the student loan thing except that my wife has one and I used to have one that went delinquent on me and I had to fight to get that quashed. But how I got mine quashed was because I became 100% disabled and my loans were therefore forgiven due to the fact that I would end up using government pension money to pay off a government loan. I finally convinced them that doing such didn't make much sense and they had to agree with me and so they forgave my loans. That won't help her any.

Have a nice day and a better one tomorrow and enjoy the both of them in the best of health.

 

Toothman:
Sure one could breakup a claim and sue for only a specific part of a contract, but to do so in small claims has some limits. Firstly, sheâ??d be waiving any right to adjudicate on the balance now or in the future. Secondly, no issue stemming from the remaining portion could be brought into evidence. Bear in mind this is a general concept because differing courts have different rules.

All in all, I donâ??t particularly suggest small claims as her primary option. Not only are there the limits I mentioned; but in many such courts she has no right of appeal, discovery is limited, and commissioners (lawyers who fill in as a Judge) preside over the hearing. Nonetheless, small claims is a viable option to limit costs of prosecution as (again generally) no lawyers are involved.

If she were to engage small claims (which you and I both know she probably will), citing Fraudulent Inducement could be a cause of action. This concept is one where the plaintiff (your lady friend) alleges that Mr. Idiot induced, tricked, her into executing the contract using false and deceptive means. It could also be claimed with other counts, strict fraud being one since no computer was purchased. To prevail she would naturally be required to show damages as a result of the fraud and wrongful inducement, and certainly monetary responsibility for the loan qualifies.

 

All these lengthy posts and all this advice!

If I were this woman, I'd do one thing: get advice from an excellent, reputable lawyer with lots of credit experience.

 

JB:
While I certainly donâ??t disagree with your suggestion, this IS after all a â??discussionâ? board? Whereas being an agent of the court, Iâ??ve often found that when consumers come to me to handle a case after visiting one of these. They are more times than not better aware of the possibilities and options, and are more understanding of possible outcomes.

Now if you find something thatâ??s been stated objectionable, thatâ??s another matter altogether. Perhaps then youâ??d enlighten us with your thoughts?

 

Certainly nothing was objectionable, and I doubt if I can enlighten anyone with my thoughts. But $12,000.00 is a VERY serious amount and it just seems to me that expert legal advice would be the best course of action. Only my opinion.