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PapaGlenn

New member
What is the name of your state? California
I ordered a emergency response service for my mom over the phone. I was to be the payer so I gave them my credit card information. They sent the system and a written agreement to my mom. She signed the agreement with my billing information on it. I have run into some financial difficulties so I told the company to remove my credit card information from the account and to stop charging me. They have refused. I reminded them that I did not sign the agreement. They still refuse. Can they continue to charge my credit card?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? California
I ordered a emergency response service for my mom over the phone. I was to be the payer so I gave them my credit card information. They sent the system and a written agreement to my mom. She signed the agreement with my billing information on it. I have run into some financial difficulties so I told the company to remove my credit card information from the account and to stop charging me. They have refused. I reminded them that I did not sign the agreement. They still refuse. Can they continue to charge my credit card?
Have your mom change the billing information to reflect her own information.
 

LdiJ

Senior Member
What is the name of your state? California
I ordered a emergency response service for my mom over the phone. I was to be the payer so I gave them my credit card information. They sent the system and a written agreement to my mom. She signed the agreement with my billing information on it. I have run into some financial difficulties so I told the company to remove my credit card information from the account and to stop charging me. They have refused. I reminded them that I did not sign the agreement. They still refuse. Can they continue to charge my credit card?
Does your mother still need the service? Can she pay for it herself? If so, the easiest way to handle the situation is to have her change the billing information with them, as has already been suggested to you.

The other way to stop the hemorrhage of money would be to cancel the particular credit card that you gave them, and get a new one. You didn't sign the agreement so they cannot hold you liable, even though you ordered the service. However, that is getting by with only a technicality and is not very honorable.
 

adjusterjack

Senior Member
You didn't sign the agreement so they cannot hold you liable, even though you ordered the service.
You don't have to sign a contract to have a contract. OP ordered the service and provided his billing information. I do believe he can be held accountable for it.
 

LdiJ

Senior Member
You don't have to sign a contract to have a contract. OP ordered the service and provided his billing information. I do believe he can be held accountable for it.
You have the right to have that opinion. The reality of things though is neither of our opinions are controlling. The basis for my opinion is that a signed contract DOES exist, and the OP is not the person who signed it.
 

adjusterjack

Senior Member
Fair enough.

As a practical matter, I think you might agree that if payments aren't made they are likely to both be dunned and both named in a lawsuit if it came to a lawsuit.
 

LdiJ

Senior Member
Fair enough.

As a practical matter, I think you might agree that if payments aren't made they are likely to both be dunned and both named in a lawsuit if it came to a lawsuit.
I am not sure that I agree. Again, there is signed agreement and the OP wasn't the person who signed it. I do agree that the OP ordered the service, but the service cannot prove that because the OP didn't sign the agreement, someone else did. I am not sure that the service can even substantial that the OP was involved at all.
 

quincy

Senior Member
What is the name of your state? California
I ordered a emergency response service for my mom over the phone. I was to be the payer so I gave them my credit card information. They sent the system and a written agreement to my mom. She signed the agreement with my billing information on it. I have run into some financial difficulties so I told the company to remove my credit card information from the account and to stop charging me. They have refused. I reminded them that I did not sign the agreement. They still refuse. Can they continue to charge my credit card?
The agreement signed by your mother needs to be read to determine who can be held liable for payments.

You ordered the service (not your mother) and you provided your payment information (not your mother's information) and you agreed to pay. It seems logical to assume that you are responsible for paying for the service that was ordered.

Again, though, it is important to know exactly what was agreed when you ordered the service and exactly what was signed by your mother.

A changing financial situation, as a note, (generally) will not change the obligation you have to satisfy the terms of a contract. It only changes your ability to satisfy these agreed upon terms.
 

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