Why isn't anyone responding???????

[l_eriksen]

Can someone help me?

What is the name of your state? NY

I have posted this issue on several forums and many people have viewed it. Why won't anyone answer me?

Here's what I posted

What is the name of your state? NY

A long time friend of mine opened a credit card in August 2001 in my name and put himself as a secondary user without my knowledge. When I found out in Sept 2001, I didn't know what to do. He has custody of his son and I didn't know what would happen to him. ($10,000 was the balance) I told him he better pay it and he said he would. I checked with the company to make sure he was paying it and they told me I was being sued. He paid about three payments and then stopped. I explained the situation and they told me to file a police report and send them a letter and they would put my account as lost or stolen for 14 days. I did all of this and called them back. Now they are telling me that I am liable because I made a verbal agreement with him. Is this true? Why did they tell me to do all of this if I was liable anyway? I asked them how the account was opened and I was told they are not sure, possibly through the internet. None of the info they had was correct. They had his address and phone number and my middle initial was wrong. What can I do? I have never been late with a payment in my life and this is going to ruin my credit. I have also filed a complaint with the FTC.

 

[Ladynred]

Verbal agreements just don't stand up, even if you did have one.

Send the creditor a validation letter, make them come up with proof that the account is yours.. which means they have to produce something with your signature on it. They already said they don't know how it was opened. There's a lot of good info on the validation process at www.creditinfocenter.com and you can find sample letters at www.creditnet.com, under the Discussions area. You have to 'join', but its free.

If they don't even know how the account was opened, how are they going to come up with a signature ??

 

[l_eriksen]

Thank you.

Thank you so much. I feel a little better now. Maybe my stomach pains will go away.

 

[bigun]

Sorry, but I have to disagree somewhat with Ladynred.

The problem you have here is not taking definitive action once you became aware of the fraud, It's one thing to be a victum of fraud and you are not responsible for things that were hidden from you and you could not control. But, once you realized there was fraud, you have a duty to attempt to bring it to the cc companies attention immediately. I feel you are on very shakey ground because you didn't report it at once and instead, tried to work it out with the friend.

I'd suggest you see a lawyer prior to attempting any sort of validation. Hopefully, I'm wrong but I don't think this is a cut and dried issue.

 

[justathought]

I posted a similar answer on one of the many other threads which was promptly deleted--wonder why?

I'd fathom a guess that on the civil side, ladynred is right in that they can't provide a signature to validate the debt... But if the poster presented this story (as presented above) to the FTC, perhaps on the criminal side there might be some kind of fraud (or conspiracy to commit?).

But I'm wading out above my ankles there so someone's welcome to step in that can translate my thoughts into legalese...

 

[l_eriksen]

no where near

Your answer was no where near similar and you don't make any sense. Please go annoy someone else, I have enough problems. You should apply for a job at a collection agency. Maybe this will give you something to do that you enjoy in your spare time.

 

[justathought]

I tried being helpful in the first response on another thread. Unfortunately because you may be found to be in the wrong, you didn't seem to find it "helpful" and now you're attacking me. I'm not trying to be mean and this isn't a support group--you asked about the legalities and you are getting legitimate answers--some that may be agreeable, some that may not. But you should be aware that it is not as bigun said "cut and dried".

My "ankles" comment was not directed at you. I was referencing to other members that while I understand the concepts, there are legal-specific terms that would better explain what I'm trying to get at here that they could provide.

Best of luck in finding a resolution to your matter. It really could go either way and it might be too complicated, fact-specific, or state-specific to get the "correct" answer in bulletin board format.

Good day.

 

[bigun]

The only person who should be concerned about criminal liability is the one who opened the cc account using anothers name. Civil courts to try cases in which fraud is alleged. That is what I was trying to get across. That there may well be problems in the civil side for this poster. No way do I believe the posters actions are criminal.

 

[Ladynred]

Wow, did this thread ever grow in a hurry.. LOL.

Bigun.. good points, I hadn't thought it through concerning the knowledge of fraud and a possible lack of reporting it in time.

I'd have to agree.. this seems to be a bit more complicated than it appears on the surface. Seeking a lawyer wouldn't be a bad idea to find out if your really open to anything nasty.

 

[bigun]

No authority here but, a precept in criminal actions is intent. No way erikson intended to harm anyone. In fact this person is the injured party. The problem may be in trying to do a friend a favor-cut him some slack and it backfired. As far is erikson is concerned, this is civil all the way.

 

[l_eriksen]

Am I liable?

I would definately sue him in civil court but if he doesn't have the money, how can I pay the company? This will also affect my credit which was perfect up until this. I don't have this kind of money. How can I be liable when I didn't make any agreement or sign any contract with this company? I think they should be liable for not varifing any of the information. Especially since he put himself as a second user. They should have checked the primary card holder info and the would have found out that even my middle initial was wrong. Nothing has my signature or address on it.