Creditcard fraud prosecution ?

[CharlesMDietz]

What is the name of your state (only U.S. law)? N.C.

Okay here's the situation a mo. or 2 ago my mom began recieving calls from CC co's welcoming her etc. for cards she had'nt applied for nor recieved. She cancelled all but one,,, evidently because they're claiming there's a 1,500$ debt for ATM withdrawels. But today the fraud unit from Capitol One was telling her she's liable because our phone # was used to check balances or some other act during the time. Even though our #'s private & blocked. Now I know for a fact I have'nt done anything wrong but the lady asked to speak with me and in a pretty condescending tone said they would check the surveillance tape.

How long does this process take before it's cleared up ?

[kandrt30]

It all depends if they are going to press charges. Right now banks are going to do everything that they can,to collect their money. Was your mom getting statements? Cause if she was she should have called sooner. They will pull the tapes and review them. That will take up to at least 90 days, After that they will, get the feds involved. Everytime you call into a credit card company it is recored and logged into the account even if you go through the auto. system or talk to an agant. If the number matches your telephone # that's going to be hard to dispute. You would have to prove that someone came into your house and made the calls, all the calls are recorded. I would call them and get the number and address to the legal department and wrtie a request for all the calls made in regards to that account. This could take anywhere up to 10 months before you hear anything.

[CharlesMDietz]

She did'nt recieve the 1st statement but asked the welcoming co. call to block it and remove her from the mailing/call list. Then she recieved a notice saying payment was late and was like WTF ?!
There's no way the calls' originated from this house though I'm scratching my head like crazy. It's only me & her here. It was like 2-3 CC co.'s only one's been abused seems.


I did'nt appreciate the lady's tone with me at all tho. My friend told me that some ATM's erase footage after 30 days is this true ? Cause I definitely want my name off the suspect list.

[Some Random Guy]

It is trivially easy to show a fake ANI number on caller ID if you are using an Internet based (VoIP) phone. It just means that whomever stole her identity also knew her phone number.

[CharlesMDietz]

No it's a landline from Embarq formerly Sprint. Funny thing is that she said the co.'s said it was applied for online and our PC & web service had been gone for 6 mo.'s just back in december via a new pc. This had to happen Nov. online somewhere can't they trace that to it's origin ?

[Some Random Guy]

No it's a landline from Embarq formerly Sprint.

Actually, its not your phoneline that matters. The credit card company says "because our phone # was used to check balances."

It is easy for somebody else with VoIP to change their callerID number to pretend to be you and then call up the CC company and check the account balance.

[CharlesMDietz]

Actually, its not your phoneline that matters. The credit card company says "because our phone # was used to check balances."

It is easy for somebody else with VoIP to change their callerID number to pretend to be you and then call up the CC company and check the account balance.

What does VoIP stand for ? Wow is this practice common ?

[debtcollector`]

What does VoIP stand for ? Wow is this practice common ?

I used to change our landline callerid a couple times a week. It isn't tough.

DC

[CharlesMDietz]

I knew something was up because no way any calls were made from this house just sucks I'm likely going to be suspect numero uno.

But that fraud unit lady was so dam smug with how she insisted the calls originated from this house really got me vexxed. My mom's 63+ yrs old superb credit now this.

I really think someone intercepted our mail for a time because I'm missing important tax files that have supossedly been sent twice yet I've recieved none. I bet thier thieving A$$ was suprised once they gathered my info.cause my credit was already tanked haha ! Come to think of it I recieved some prepaid cards I never applied for recently but what crook wants pre-paid.

[kandrt30]

we can trace the ip address if the application was done online. If it was a paper application banks keep that on file for 7-10 years. You can get a copy of the all the recorded calls and the actions taken on the account, but it has to be requested through the company. Which credit card company is it? It depends on the bank how long they keep the tape. Your only limited to a cretain amount of money that you can take out per day per transaction. The credit card company will have the list of dates and times that cash advances were taken out.

[CharlesMDietz]

Yeah we got the bill with the dates etc. it's a Capital One card that was applied for online we were without a P.C. or the web up untill last month cuz ours crapped out earlier in the year.

[cosine]

What does VoIP stand for ? Wow is this practice common ?

This is "Voice (over) IP" where IP is "Internet Protocol", the standards defining the operation of the underlying internet infrastructure, but often used to refer to any network based on these standards.

In most cases, people using VoIP are customers of a company operating a VoIP enabled telephone switch (or perhaps many of them). The end users cannot alter the ANI or caller ID numbers this way, short of a bug in the system they are using.

A business operating their own phone switch over a trunkline, whether that is done via VoIP or by PRI (Primary Rate Interface) can readily alter either the ANI value, or the caller ID fields (name and/or number) by "rigging the system". There is free source code available that can turn a Linux based PC into a phone switch, so this is, in effect, trivial to do even on a small scale of a single scammer in a small apartment who manages to pretend to be a big enough business to get the trunk connection.

[cosine]

Yeah we got the bill with the dates etc. it's a Capital One card that was applied for online we were without a P.C. or the web up untill last month cuz ours crapped out earlier in the year.

Being the victim of "identity theft" and having a PC that crapped out are probably not a coincidence. The caller ID or ANI data (those both provide caller's number, but are functionally different in the phone systems) don't mean anything in court (though you may need to provide expert witness since many people assume those things cannot be faked). Even if the card company never sues your mom, they could still damage her credit.

Your mom needs to have ALL THREE of her credit reports obtained to look for other fraud. She then also needs to file a notice with all three credit reporting bureaus that she is the victim of identity theft, and have a freeze placed on creditors pulling her credit report. That should stop any new accounts being created in her name.

Below is a URL to get started. DO NOT use the feature to get a credit report online. Instead, either use the phone system number found on that site (I won't provide it here even though I have it, because you should not be providing personal info to a phone number someone posts ... get the phone number from where you can see that it is the site itself providing it) to request all three reports, or print the mail-in form, fill it out completely, and mail that in.

[url]https://www.annualcreditreport.com/[/url]

[debtcollector`]

Surprisingly a good post, Cosine. Except for the part in bold. You really should avoid making statements about what carries weight in court until you pass the bar and know the judge hearing the case.

DC

Being the victim of "identity theft" and having a PC that crapped out are probably not a coincidence. The caller ID or ANI data (those both provide caller's number, but are functionally different in the phone systems) don't mean anything in court (though you may need to provide expert witness since many people assume those things cannot be faked). Even if the card company never sues your mom, they could still damage her credit.

Your mom needs to have ALL THREE of her credit reports obtained to look for other fraud. She then also needs to file a notice with all three credit reporting bureaus that she is the victim of identity theft, and have a freeze placed on creditors pulling her credit report. That should stop any new accounts being created in her name.

Below is a URL to get started. DO NOT use the feature to get a credit report online. Instead, either use the phone system number found on that site (I won't provide it here even though I have it, because you should not be providing personal info to a phone number someone posts ... get the phone number from where you can see that it is the site itself providing it) to request all three reports, or print the mail-in form, fill it out completely, and mail that in.

[url]https://www.annualcreditreport.com/[/url]

[CharlesMDietz]

Yeah thanks dudes seriously I just hope they don't go badgering me and prying into my life. My mom's already ordered her credit reports and told her bank to monitor her accounts closely.

If that woman's tone with me over the phone is indicative of how they're going to go about this then it's going to be messy.