Father's PNC account is on my credit

by Sil

You have helped me in the past (with GREAT RESULTS I might add)so I'm hoping you can help me one more time.

While checking my credit report I noticed that my score had dropped without me ever being late. Turns out PNC BANK added my late Father's loan to my credit report. I NEVER CO-SIGNED for any loan. When my Father became too ill to handle his affairs, I was given Power Of Attorney. PNC added my name to his checking account so that I could pay his bills. After he passed away, I continued to pay this loan. BIG MISTAKE. Now the bank is saying we had a JOINT account. I have written to Trans Union disputing this TWICE. All they have done was add "Customer Disputes This" to my credit report.

I don't want to STOP paying this while this is still attached to my Credit Report. Granted, the loan is now less than $3,000 but it isn't MY LOAN. I thought, HOW DARE PNC do this to me when I didn't have to pay this! Now they have pissed me off. Can they LEGALLY do this?? As I said, I never signed ANYTHING. They DO NOT have my signature on any paperwork. How do I get this off my Credit Report?? I sure hope you can help me again!!

Reply from DebtCollectionAnswers.com:

We are sorry to hear of your father's death. You have our condolences.

This is a tricky situation. Normally this debt would have to go through the probate process or whatever process is used to settle the estate. But since they think you are a cosigner they are trying to hold you responsible. I wouldn't even be that worried about the credit report - I'd worry more about the legal liability.

How did you plan to handle this debt? Was it going to be paid off through the assets of the estate? If that's an option then that's what we would suggest you do. Get it paid off and done wiht.

If that's not an option, then you have a couple of options. One is to file a complaint with PNC. Find out the name of the manager of the branch where this occurred, and send the letter to him or her, but also copy the bank's regulator (which you can find here: www.ffiec.gov/consumercenter) as well as the Consumer Financial Protection Bureau and your state department of banking. Hopefully that will get their attention.

The other option is to consult a consumer law attorney to see if you have a case against the bank for credit damage. You may be entitled to damages and the bank may have to pay your attorney's fees if it is breaking the law here, and it certainly sounds like a possibility.

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