Debt collection consolidation? without signature?

What is the name of your state? Virginia

A while back i had some financial issues, and my now current wife, applied on the paperwork at a credit union to be the co-signer on a "Debt collection consolidation" as they call it.

The issue was is i had a car, that got towed, and without notifiying me or the co-signer on the car, they (the credit union) gave permission to demolish the car. then the next week, saying i owed them 8000 dollars and it was going to default, but the car i had no idea where it went, since i moved and it got towed during that time....

Anyway. we both applied to get the co-signer for the car loan off of it. but then during that time, i decided you know what i'm gonna file bankruptcy because i was in over my head....

Now they are trying to say she is legally responsibile, for the loan, even though there is no signature on file, and she never "agreed" to any terms.

They keep asking her to file a "fruadulent claim" or whatever, trying to say i applied fo her as the co-signer without her knowledge.

Is the bank correct in this? what are the legalities here?

[JETX]

Your post is simply too confusing and jumbled to be understood (though, I think she signed SOMETHING and a credit union somehow 'authorized' a vehicle to be crushed.... and a bankruptcy is in there somewhere!!).
Care to try to edit your post into a legible, concise, brief summary of the FACTS??

hehe sorry about that..

Can a credit union attempt to collect any type of loan, if they don't have a signature?

[JETX]

Originally Posted by nast

Can a credit union attempt to collect any type of loan, if they don't have a signature?

Yes, a signature is not always required to make a binding contract. For example, if they can show that the funds were issued and payments were made, then that would be sufficient to show that a repayment obligation existed.
Though it is much harder to prove without the written agreement. Also, some state laws require certain contracts to be in writing (called 'statute of frauds').

[stevek3]

Originally Posted by nast

hehe sorry about that..

Can a credit union attempt to collect any type of loan, if they don't have a signature?

Are you saying the cosigner never signed? Clarity does not appear to be your strong suit.

[Ladynred]

You also must understand that credit unions have a NASTY habit of cross-collateralizing ANY loan or account with ANY collateral you might have, whether the new loan has anything to do with the collateral or not !! Sounds to me like this is a very real possiblity based on the CU's claims. Check all the loan agreements, if you find a cross-collateralization clause.. you're screwed.

no one signed any documents, we both applied, but then i was forced to file bankruptcy for other reasons, so now they're coming after the person who i "applied" with, but never signed. saying she owes the money

we only applied, but they're saying since no money was ever transferred that no signature is needed only for the applicants to apply?

[stevek3]

Originally Posted by nast

no one signed any documents, we both applied, but then i was forced to file bankruptcy for other reasons, so now they're coming after the person who i "applied" with, but never signed. saying she owes the money

we only applied, but they're saying since no money was ever transferred that no signature is needed only for the applicants to apply?

Without actually being able to see the terms and provisions of whatever your application stated, as well as being unable to see any of your underlying preceding agreement(s) there may otherwise be with your credit union, every response in this forum is based upon nothing more than guessing games and conjecture. If you're concerned, then you should hire a lawyer.