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Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 175
Experience:  Attorney
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My daughter and her boyfriend contacted Vivant (large home

Customer Question

My daughter and her boyfriend contacted Vivant (large home security systems) about a system. Salesman ran her credit, her boyfriends and his mother's none of their credit was good enough. He ended up putting the contract in my name without my knowledge. They defaulted on the account and it went to collections, the only reason I found out about it was I got an email that there was a change in my credit score. I called TransUnion and was told I was listed as customer on an account with Vivant. I have report this to Attorney General's office. Don't know what the outcome will be. Today I checked credit report and looks like now they now they re-opened account and are going to collect from me. What do I do. I did contact Vivint when I first found out about this issue and they are asking me for information they should already have if I had agreed to be on the account.
JA: What state is this in? And when did the issue begin?
Customer: Tennessee. I first found out about it on Sept. 1st. I asked my daughter how he even got my name and he told her he had to get approval from owner to install the system. He asked her for my name and birthdate. She told him her mom owned property and gave information. I never talk to the salesman.
JA: Have you contacted the manufacturer?
Customer: They are asking me for information they should already have like copy of driver's license. I'm afraid they will add to their records and will look like I had agreed to the contract.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't have a lot of money so would like to know the cost.
Submitted: 1 month ago.
Category: Legal
Expert:  Andrew replied 1 month ago.

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

Expert:  Andrew replied 1 month ago.

Sorry to hear about your difficulties. In order for them to enforce this agreement against you would have to had signed the contract. I would ask for a copy of the contract that you allegedly signed. More than likely your signature has been forged. The problem here is that the forger may be your daughter or boyfriend so you may not want to go down this road. For the contract to be enforceable there has to be a valid signature.

You can also dispute the claim with the credit reporting agency and let them know that fraud was involved. At the very least it would show the debt as disputed. I would write Vivant a letter disputing the debt, your signature etc. and threatening a lawsuit against them for harming your credit if they don't stop . Once your able to show Vivant that you did not contract with them hopefully they will call of the collections.

Expert:  Andrew replied 1 month ago.

If you have any other questions please let me know otherwise just accept my answer and enter a rating. 5 stars is appreciated. Thanks!