Legal Question in Consumer Law in Virginia

Dell holding me personally liable for lease??

About a year ago I worked for a small corporation and helped set up an account w/ Dell Financial for a loan for three computers. About two months ago Dell called me saying that payment was due. I asked why they were calling me, (it is a company account I'm no longer w/ them) and upon further inquiries found out that Dell had placed me as a personal guarantor for the equipment. When the account was first set up, the Dell employee told me they needed my tax info to validate that the company was on sound footing (its a small company, of about four employees). Now they are telling me that by doing that I had agreed to be guarantor and sent a copy of the contract, with my name on it. I never signed anything. They have my name and a ''pin code'' listed which they say is as good as a sig. Also,instead of it being a loan,they set us up for a lease. They said that since bills have been payed for nearly a year (another employee was paying them)the account cannot be changed to a loan. I have attempted resolving this with all of their depts to no avail and have sent a letter a month ago to Dell Legal informing that I am disputing this and asked them to investigate and pull any tapes. They have not replied. How do I get out of this?


Asked on 9/07/06, 9:04 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Dell holding me personally liable for lease??

In general, you are not responsble for anything unless (1) you agreed to it in a contract, or (2) perhaps you could be made to pay without a contract if you benefited personally from the use of the product or service. Clearly (2) would not apply to you.

Therefore, unless you signed a contract agreeing to be personally responsible, you are not.

The only thing that concerns me is talk about a PIN or something. It is possible to sign a contract electronically, such as on a website. But it would have to be very clear, in which you say "I AGREE" to a contract saying that you agree to pay personally.

You should demand that they give you a copy of the contract that THEY CLAIM you signed, or you will file for sanctions for any frivolous lawsuit.

However, do not confuse the law with a company's tendency to harass you. I would not expect them to listen to reason. You should (a) make sure they have a correct adress for you -- so that you don't miss a court hearing by not knowing about$ it. (b) Ignore them. (c) If tey ventually sue you,they will have to PROVE that you owe the money. If they cannot produce a copy signed by you, AGREEING TO PERSONALLY pay for the items, they will lose.

Then you ask the court to award you sanctions for a frivolous lawsuit under Va. Code 8.01-271.1, by showing the judge your previous letters advising them that you did not sign any contract PERSONALLY, and asking for a copy , and the fact that they never provided you with one.

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Answered on 9/09/06, 10:06 pm


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