Consumer complaint received 2019-02-05
Company: Weltman, Weinberg & Reis Co., L.P.A.
State: RI
Product: Debt collection
Sub-product: Private student loan debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XXXX This is an amendment to the last complaint submitted on XX/XX/XXXX. Please note additional creditor. ***** On XX/XX/XXXX my father XXXX XXXX XXXX applied for a XXXX XXXX XXXX XXXX to pay for XXXX XXXX ; he did this without my knowledge or consent. My father told me that all of my school 's tuition will be taken care of and kept me out of the details, and he asked me to hand him all letters pertaining to financing my education. My father, XXXX XXXX died on XX/XX/XXXX of XXXX. Before he died, he and his then wife XXXX XXXX told me what I was to receive when he died and what I was responsible for. They told me to pay the last semester of the spring of XXXX ( I personally paid {$22000.00} to XXXX and additionally I paid one other loan belonging to XXXX XXXX ). I was never informed of any additional loans. On XX/XX/XXXX of XXXX, I received an email from XXXX XXXX stating that I owed a loan for {$26000.00}. This email was a reminder sent to my school 's email address, however, prior to that I received advertisements only from XXXX XXXX offering me new loans and to consider a XXXX XXXX XXXX XXXX in the future. My father previously took out a XXXX XXXX from XXXX XXXX to pay for my previous school XXXX XXXX  XXXX. This same advertisement from XXXX XXXX was delivered to my school address at XXXX several times starting in XXXX. I do not have an email regarding a specific loan from XXXX XXXX between XXXX, XXXX and XX/XX/XXXX, only advertisements. Only a notification later that a password was changed and that a new document was available, again my father handled everything. XXXX XXXX is stating that a specific email was sent to confirm that a specific loan was approved to my XXXX address, I have no such document. From the latest email regarding this conflict, " When an online account is created we send notifications to the borrower and cosigner at their email addresses, when correspondence or documents are available for viewing online '' ; this is generic. What I did receive on XXXX ( this was the first time I saw this ) was an email stating that " Dear Valued Customer, You have a new document available online. You must log in to view this document. Please use the same user ID and password you created for your XXXX XXXX online account. '' Again, my father previously had an account with XXXX XXXX and I assumed this was from that since I did not personally create a loan with XXXX XXXX. If the document was created in XXXX of XXXX why wasn't I notified then? I believe the burden of proof falls to XXXX XXXX to establish that this loan was mine and that I knowingly knew of it's existence. The information on this loan was completely falsified by my late father, which makes the document illegal and invalid. If he were alive he would have been prosecuted for fraud according to the law. I also believe he wasn't in his right mind ( there are mistakes in the loan ) because he was on serious debilitating medication at the time for his XXXX treatment. XXXX XXXX KNOWINGLY approved a loan they new to be false. 1 ) I was not the originator of the loan. I would like to see the IP address of the computer used to create the document. 2 ) XXXX XXXX voluntarily approved a loan document that they knew was fraudulent. A ) Only my name, address, SS # and an electronic signature was used to link me to this loan. ALL information under my name and my fathers name was my fathers information. i.e, where he worked, how much he made, that he was married etc. I've already proved that I worked for an Anime Store ( sending them pay stubs ) and not XXXX XXXX or XXXX XXXX as listed on the form. I am not and never have been married. I did not make XXXX as my salary, etc. 3 ) I had no real established credit at the time to warrant the approval of a {$26000.00} loan. 4 ) What criteria was used to establish a loan with XXXX XXXX? According to XXXX XXXX XXXX Website using " Credit worthiness and other factors ''. I believe only my fathers information was used to determine the " worthiness '' of this loan 's approval. 5 ) Neither my XXXX, XXXX XXXX ( letter was sent from her ) denying the knowledge of this loan even thought she and my uncle were listed as references and neither did my father 's second wife XXXX XXXX, have any knowledge ( accorder to her ). Can they prove that they did know or was informed. 6 ) I have no knowledge of the accompanied password and user ID used to create the loan, only ( I assume ) my father knew this information. I was able to access this " account '' in XXXX of XXXX. I needed to call them to access this loan by giving them my SS #. If I knew about the loan, I would would have been able to access this myself online. Proving that I had no knowledge. 7 ) A Letter ( in supporting evidence ) and address to me, was in the mail from XXXX XXXX sent to my address, however, I never saw this letter until It was in a folder given to me by XXXX XXXX as part of my father 's effects. Included in this folder were also medical records and named " XXXX ''. Since I paid the two specific bills ( which was requested by him and XXXX XXXX while he was alive ), I had no reason to look further and I was grieving. The letter states : That notification will be sent to the borrower by email OR mail. XXXX XXXX 's insistence that they sent me an email ( that I could actually open ) was false. This was sent to my home and my father reviewed everything. XXXX XXXX 's statement as my name and address, SS # and an electronic signature was enough to prove my responsibility according to them. Anyone can then take out a loan, pay for something ( even though it was for my benefit ) default and claim that I am responsible because of an electronic signature. My father signed my name, his information was used to determine approval. I am asking that XXXX XXXX acknowledge that the loan was approved by mistake and the responsibility falls to my late father 's estate. I have met my responsibilities and paid what I was asked to pay. XXXX XXXX made a mistake they need to acknowledge this. I am also not ( If I knew I would been prepared previously to pay this ) in a position now to pay for a debt that was done again, without my knowledge or consent. The burden of proof falls to XXXX XXXX. ****On XX/XX/XXXX my XXXX, who is XXXX, received a call form a XXXX XXXX representing XXXX XXXX XXXX asking for me. I do not live with her and have no idea how they got her number. She was a bit shaken when she informed me of this call. Their number is ( XXXX ). ******* 1 ) Acknowledging that the majority of the information used to secure the loan was XXXX XXXX 's. I had absolutely no knowledge of this loan 's existence. 2 ) According to XXXX XXXX 's Website " Credit Worthiness '' is used to determine whether a loan is approved or not. I had no credit at the time of origination and ALL the information used was his in making that determination of approval. 3 ) My IP address wasn't used for this loan. 4 ) That XXXX XXXX take full responsibility for their mistake in approval of an illegal document. 5 ) That the SXXXX XXXX XXXX used to pay for XXXX XXXX belonged to XXXX XXXX alone and created while he was under heavy medication from stage four XXXX. 6 ) Because of his death, the XXXX of XXXX XXXX is responsible, and or the loan needs to be forgiven because of his death and the reasons stated above. That my name, address, SS # and an electronic signature is not enough to associate me with this document. 7 ) That Predatory Lending Practices ( much like the mortgage crises in 2008 ) are in play and that harassment needs to stop. 

** New addition*** Much like National XXXX XXXX , a new company ( or firm ), Weltman , Weinberg & Reis Co. , LPA has contacted me servicing XXXX XXXX XXXX ( Case # XXXX ) in the attempts to collect on a now officially deemed Fraudulent Loan ( See company response sent on XX/XX/XXXX ). Case # XXXX a Closed Complaint Case. They are already calling me on a daily basis. I am concerned that they will, like the previous company, attempt to contact family members. I am concerned that these continual " Predatory Lending Practices '' will not stop.

Company response to consumer: Closed with explanation