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victim of co-applicant fraud.Bank of America still wants me to pay

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ww1flyingace

Junior Member
What is the name of your state? Richmond Va

What is the name of your state? Virginia

In November 2006 my sister in Ohio got a credit card with Bank Of America(BOFA), and without my knowledge used me as a co-applicant.
Right away she withdrew 7000 dollars at a 23 % interest rate and of course didnt pay for it.
Finally in August I received my first notification from BOFA/FIA Card Services that this account existed. They called me at work. They have never given me written notification of anything. I think they didnt even know my address or home phone, and probably had to look up where I worked on the internet or something.. Yet they somehow approved me to be a co-applicant?
They said I owed them 8000 dollars or to make the last monthly payment of 186 bucks or this account would go into collections in September. I asked why it took them so long to send me a bill and they stated because I was a co-applicant they didn’t have to send me a copy of the bills.
I attempted to explain to them that I never approved to be a co-applicant. I asked for a copy of the application and they told me that it was done online - no copy existed. I asked them for some kind of documentation that proves I'm a co-applicant and they said they couldn’t do it "It was done online". They did send me copies of all the billing statements.
They didnt want to bother investigating the fact that they messed up. The fact that my sister could actually know my social security number, address, and work information seemed incredible to them. She got it from my mother you idiots!
Despite my telling them it was a fraudulently acquired account. At the end of the phone call they actually asked "So when can we expect payment from you sir". I almost laughed.
In the last 2 weeks I assume they have continued to contact my sister in vain based. They asked me to call yesterday and made it seem as if I was the one avoiding contacting them. I had my final worthless conversation with these people where they again insisted I was a co-applicant and owed them money despite their inability to prove I approved this card.
Their whole argument or justification for pursuing me for this unpaid bill seems to be: An online application was approved by BOFA for a credit card using my “SUPER SECRET” personal information to be a co-applicant so I owe them money. No we don’t have a signed agreement and yes we cant produce a copy but that is good enough for us.
They have already posted 6 late payments to my credit report and today added that this account is going into collections.
I dont plan on communicating with FIA/BOFA again unless Im sitting next to an attorney.
I plan on notifying the 3 credit reporting agencies about this. Will ask them to request an investigation of this account.
I want to hire a lawyer because this looks like a blatant Johnson Versus MBNA case.
What else should I do to clear my credit record or sue BOFA for being idiots.
Im tempted to apply for a loan just to be denied to make their offense worse

The funny thing is. A long time ago I had a MBNA credit card and quickly paid the card off because of their dishonest billing practices. I don’t even use credit cards anymore because of their stinch. I would never co-applicant on a card with a company that bought them. BOFA actually seems worse.
 


JustAPal00

Senior Member
As I see it you have one of two options. First option is to call the police on your sister for identity theft. You must follow through and press charges. Your sister committed fraud and included you without your permission. Once she has been convicted you should have no problem clearing your good name. Your second option is to pay it off. Your sister committed a crime and if your not willing to report it to the authorities, then you are helping her avoid prosecution.
 

ww1flyingace

Junior Member
I'm considering criminal action against her anyway. My law enforcement job may force me to do it

Bank of America is unable or refusing to provide validation of this credit card account. How can this be proven in criminal court. It would just become he said she said. I have little to present to the police right now because BOFA wont even provide me anything but billing statements.

My point is BOFA acted negligently. Why should a bank be allowed to blindly assign credit and then intimidate people into paying accounts just because their names appear on applications - without proof they approved of it. There should be some kind of legal action I could take against BOFA just on principle. They allowed this situation to occur.
 

TigerD

Senior Member
They allowed this situation to occur.
They allowed your sister to commit a felony? Are you for real?

Hot news flash -- criminals will be criminals regardless of what good people do. So she may have to take an extra step and forge your signature... what do you want the bank to send an investigator to read you the card agreement and get a dna sample?

C'mon. If you're in law enforcement, you know better than that. This time the crook got you ... perhaps it will make you better at dealing with victims in the future.

DC
 

JustAPal00

Senior Member
I'm considering criminal action against her anyway. My law enforcement job may force me to do it

Bank of America is unable or refusing to provide validation of this credit card account. How can this be proven in criminal court. It would just become he said she said. I have little to present to the police right now because BOFA wont even provide me anything but billing statements.

My point is BOFA acted negligently. Why should a bank be allowed to blindly assign credit and then intimidate people into paying accounts just because their names appear on applications - without proof they approved of it. There should be some kind of legal action I could take against BOFA just on principle. They allowed this situation to occur.
They didn't blindly do it, they had personal information about you that you are supposed to protect. That information is not available to me or just anyone. Secondly, you are in law enforcement and you are just considering turning her in? You need to either report the crime or pay the bill so that there is no crime! I'm glad you don't work in my state!
 
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TinkerBelleLuvr

Senior Member
the problem is that it was her SISTER that committed the fraud. Most people would never have their relatives do what this one did.

You have two choices. File a police report against your sister, or pay the bill. The bank wants their money from someone.
 

ww1flyingace

Junior Member
They didn't blindly do it, they had personal information about you that you are supposed to protect.
That is totally rediculous. I'm supposed to know when a family member is going to use personal information to their benefit. Protect it how?
Family members have ready access to personal information that they need for various legit reasons. Besides - as I have already said - I didnt give this information to her - she easily got this information from my mother who had no reason to suspect she would fake a credit card application.

Or are you telling me your parents dont have a need know your social security numbers, address, or basic work information. Would make it hard to fill out your taxes.


That information is not available to me or just anyone.
Wow. So it is my other siblings fault that I have a legitimate need to know some of their personal information and use it illegally That is totally silly.

I have access to the personal information of millions of people. If I get credit and put them down as co-applicants should they pay my debts too. Based on how BOFA operates I should try this and would get away with it.

Secondly, you are in law enforcement and you are just considering turning her in? You need to either report the crime or pay the bill so that there is no crime! I'm glad you don't work in my state!
Wow. Amazing that you can take a comment and twist it around to make whatever silly point you feel. Obviously she is my sister and so I dont want to see her in jail. I dont feel comfortable discussing in here the personal actions Im taking to avoid having to turn family over to the police. But if it comes to it I will.

And Im glad I dont work in your state. State cops dont pay well.


VA
 

ww1flyingace

Junior Member
They allowed your sister to commit a felony? Are you for real?
BOFA basically opened the door and allowed her to walk into their bank and steal money. They allowed this to happen because they do not care who takes money from the bank because they know some co-applicant will pay for it. And profit from interest and late fees the co-applicant must pay.
Hot news flash -- criminals will be criminals regardless of what good people do. So she may have to take an extra step and forge your signature... what do you want the bank to send an investigator to read you the card agreement and get a dna sample?
Thank you Harry Callahan for your insight.

If you had bothered to read my first post. There was no card agreement to read, or forms to forge. Maybe they should hire an investigator to find out why this is so This has all been admitted by BOFA already.. They have no paper trail at all - they claim. “It was done online”. So yes it would have been nice if BOFA had taken the time to actually call me or spend some business mail to confirm that I at least exist and agreed to this spurious deal before assuming that my so-called private information was inaccessible to other people. They stupidity allowed somebody to basically rob them. Identity theft wasn’t invented last week after-all..

C'mon. If you're in law enforcement, you know better than that. This time the crook got you ...

I in fact have not been “Gotten”. Annoyed and inconvenienced yes. Have not and will not lose any money from this. I predict that if BOFA insists on pressing me for money they will lose all of the money they stupidly allowed my sister to steal. My sister is incapable of paying right away.. They will never see this money if she goes to jail. Eventually my credit record will be repaired and BOFA will be out of money.
perhaps it will make you better at dealing with victims in the future.
DC
The victim of this crime BOFA - I’m having trouble dealing with them in the present.
 

TigerD

Senior Member
And yet we wonder why
people think cops are all dense or dumb...

Sigh...
 
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ww1flyingace

Junior Member
And people wonder why debt collectors are such vile dishonest parasites.

Typical debt collector behavior. Rude and useless.

I'm sure your childish forum demeanor probably translates well, for when you are trying to intimidate victims of your creditors unethical billing practices into make one more payment.

BOFA will probably give you a bonus.

Oh. And thanks for your advice**************Oh wait. You had none. Again your worthless.
 

JustAPal00

Senior Member
The problem is you're acting like the bank did something wrong, in fact you've blamed them several times. The fact is your sister is a criminal, and you're protecting her. As a law enforcement officer you need to do the right thing, either bail her out by paying the debt, or turn her in and bail her out to await trial! The bank acted in good faith and approved the credit based on the information proveded!
 

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