Wired Plastic Prepaid Card Fraud

[jtridexter]

(I am located in NYS). hi my name is John, I recently transferred $460 from my brothers Pay-pal account to my wired plastic Visa prepaid credit card. After a couple of days Wired plastic closed my account without any notification, I tried to call them to find out why they had closed my account and nobody was able to give me a straight answer. After calling them a few times I was told by this guy named Spenser that they had received a letter from their bank stating that there might be activity of fraud and that I would need to fax them copies of #1 My State ID, #2 copy of social security card, #3 letter of a utility bill with my name and address, and last but not least a Notarized letter stating that my brother had given me permission to transfer the funds to my Wired plastic account.

After sending them the fax they had me waiting for like 2 weeks to tell me that the fax I sent them was not legible and that I would have to resend it. I immediately sent them a new fax and called them to make sure everything is OK and I was told yes the fax is legible, after waiting another week they tell me that my ID is verified but that now they require for me to fax them my brothers ID, Social security card and utility bill as well,. My brother refuses to fax any of his personal information to Wired plastic, my brother is not even in the account they should not be asking me for such info. The only connection my brother has to my account is the $450 that I transferred from his pay pal account to my wired plastic account, which is why I sent them the notarized letter to prove he gave me permission to do so.

Wired plastic refuses to open my account unless I send them my brothers personal information. My funds are locked up and they also refuse to reverse the funds to my brothers pay-pal account again unless I fax them permission from my brother with his ID's. I want to know if I can sue this company they will not release my funds after I faxed them what they requested.?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[Tayla]

Barring the obvious that sending personal and confidential data via fax is probably opening yourself up to identity theft, Did you consider sending via fedex?

I would not recommend sending any further personal data as it sounds unsafe.
You really don't have the authority or right to send this siblings information unless you are the Power of Attorney for this person.

[jtridexter]

Again the Wired Plastic credit account is under my name and they originally just wanted for me to prove my Identity and prove that the transfer I made from my brothers pay-pal account to my wired plastic account was authorized. After faxing them what they have requested they are now saying that they also want me to fax them my brothers credentials.

I told my older brother what they are now asking for and he refuses to send anyone his personal information via fax or any other means, he said that the Notarized letter should have been more then sufficient enough to verify that he authorized me to use his paypal account. He said that they should not be asking for his personal information period!

The problem is that this Wired Plastic company said that they can't reopen my account unless I fax a copy of my brothers Drivers License, Social Security card and utility bill. I mean Why are they asking for his personal information he has NOTHING to do with my account!

I think this is NOT legal for them to ask me for my brothers personal information, I had already faxed them my ID, social, utility bill and a Notarized letter stating he authorized me to use and transfer my own money from his paypal account to my wired plastic account, shouldn't that be enough?

I need to know if I have a case against these crooks who have taken control of my money, do I have any grounds to sue them? or have I lost my money?

[Proserpina]

You need to reread the card's terms & conditions; you have no case against them.

(Your brother's PP account and your Wired account have two different names attached - bear this in mind. Had it been a transfer from YOUR PP account I suspect you wouldn't have this problem)

[jtridexter]

Let's not lose track of the reason as to why they closed my account and asked for me to FAX copy of my ID, SS, utility bill, and a Notarized letter stating my brother authorized the pay-pal transfer to my wired plastic account. The fax I sent them was to prove two things, #1- to prove MY IDENTITY (which they already did), and #2- show proof that my brother authorized the pay pal transfer into my account (which the notarized letter proved).

But after sending them what they first asked me for and waiting over 2 weeks for a reply, they are now asking for something that I believe they have no right to ask, my brothers credentials, and by that I mean the whole nine yards (copy of Drivers License, social security card, utility bill with his name and address). I am the owner of this account NOT my brother!

I mean that was the whole purpose of the Notarized letter, is to show that My brother had full knowledge of the transfer and gave me full authorization to make the transfer, they were the ones who asked me for the notarized letter to begin with, and all of the sudden they decided out of the blue that was not enough for them? that should be enough as far as proving that my brother authorized the pay-pal transfer to my account! There should be NO OTHER REASON for them to ask for anything else of my brother,especially his personal information! I mean am I the only one who finds something fishy about this? is there anyone out there that at least have some knowledge of the law to advise me on what to do. Something about this is NOT right or legal!!!

[Proserpina]

Originally Posted by jtridexter

Let's not lose track of the reason as to why they closed my account and asked for me to FAX copy of my ID, SS, utility bill, and a Notarized letter stating my brother authorized the pay-pal transfer to my wired plastic account. The fax I sent them was to prove two things, #1- to prove MY IDENTITY (which they already did), and #2- show proof that my brother authorized the pay pal transfer into my account (which the notarized letter proved).

But after sending them what they first asked me for and waiting over 2 weeks for a reply, they are now asking for something that I believe they have no right to ask, my brothers credentials, and by that I mean the whole nine yards (copy of Drivers License, social security card, utility bill with his name and address). I am the owner of this account NOT my brother!

I mean that was the whole purpose of the Notarized letter, is to show that My brother had full knowledge of the transfer and gave me full authorization to make the transfer, they were the ones who asked me for the notarized letter to begin with, and all of the sudden they decided out of the blue that was not enough for them? that should be enough as far as proving that my brother authorized the pay-pal transfer to my account! There should be NO OTHER REASON for them to ask for anything else of my brother,especially his personal information! I mean am I the only one who finds something fishy about this? is there anyone out there that at least have some knowledge of the law to advise me on what to do. Something about this is NOT right or legal!!!

You could always pay an attorney.

[ShyCat]

Originally Posted by jtridexter

I mean that was the whole purpose of the Notarized letter, is to show that My brother had full knowledge of the transfer and gave me full authorization to make the transfer, they were the ones who asked me for the notarized letter to begin with, and all of the sudden they decided out of the blue that was not enough for them?

Don't know how "out of the blue" it is, but they are obviously suspicious. Perhaps they are unable to confirm the notarization details or suspect a cut/paste forgery attempt.

[jtridexter]

If that would of been the case he would of asked me to mail the notarized letter to him. I believe this guy Spenser the guy who is handling my case is giving me a hard time and doing it on purpose. First time I spoke to him he gave me the impression that he likes to play GOD and had a bad attitude towards me. I will never forget what he said when I asked to speak to someone else regarding my account, as he so bluntlently put it, and I quote "I am the highest authority here, what I say goes!"

Another thing I find very strange is the fact that he wont reverse the funds back to my brothers pay pal account as I suggested. He said that he would need his permission to do so and fax in ID. Correct me if I'm wrong but if a bank or credit card company suspects fraud they will immediately reverse the funds back to its original source, and even though Wired Plastic is a re-loadable Credit card company, I'm sure they must follow similar guidelines. I'm getting the feeling they just want to keep my money.

I believe I have a very good case on them and if I find that I can sue on a higher court for a lot more money. I will try to find a lawyer that can maybe take my case on contingency.

[Proserpina]

Originally Posted by jtridexter

If that would of been the case he would of asked me to mail the notarized letter to him. I believe this guy Spenser the guy who is handling my case is giving me a hard time and doing it on purpose. First time I spoke to him he gave me the impression that he likes to play GOD and had a bad attitude towards me. I will never forget what he said when I asked to speak to someone else regarding my account, as he so bluntlently put it, and I quote "I am the highest authority here, what I say goes!"

Another thing I find very strange is the fact that he wont reverse the funds back to my brothers pay pal account as I suggested. He said that he would need his permission to do so and fax in ID. Correct me if I'm wrong but if a bank or credit card company suspects fraud they will immediately reverse the funds back to its original source, and even though Wired Plastic is a re-loadable Credit card company, I'm sure they must follow similar guidelines. I'm getting the feeling they just want to keep my money.

I believe I have a very good case on them and if I find that I can sue on a higher court for a lot more money. I will try to find a lawyer that can maybe take my case on contingency.

First, generally financial institutions are able to put a "hold" on funds should they see fit - they are not obliged to return the funds while an investigation is ongoing.

Second, play by their rules. Call again and ask them to actually verify in writing what the guy told you...and ask them how long it will take for the matter to be resolved.

Third...dude, you have no case. By all means speak with an attorney but these companies cover themselves pretty well in terms of legalities...

This, fyi, from their T&C

We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice.

We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us and paying the applicable fee set forth in the Schedule of Fees. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

And about complaints and/or disputes:

You must contact us no later than sixty (60) days after the FIRST statement was made available to you on which the problem or error appeared.

(a) Provide your name and Card number (if any).

(b) Describe the error or the transaction you are unsure about, and explain why you believe it is an error or why you need more information.

(c) Provide the dollar amount of the suspected error.

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. We may ask you to put your complaint or question in writing. For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation.

[jtridexter]

It is useless to continue to abide by their rules when they keep changing the rules, I am done wasting my time with this company, thats over 3 weeks of wasted time. But as far as getting my money back, I am absolutely sure that I can do that in small claims court with NO problem.

There is NOTHING that they can say for me NOT to win this case period! I will take them to small claims court for the amount that they have locked and maybe lost wages and anything else I can think of, I am not concerned in having my account open. I will NEVER open an account with this company ever again due to the fact that I don't trust them with my money!

Dogmatique no offense but you make no sense when you say I have no case, I just need to prove 2 things in court, #1 that I am who I say I am, and #2 that my brother gave me full authorization to make the transfer, this is something I can prove in court with my credentials, and my brother can back up the fact that he indeed did give me permission to make the transfer from his PP account to my wired plastic account, and he can show the judge his credentials to prove just that, case closed!

Now what do you think Wired Plastic is going to say in their defense? NOTHING! there is absolutely NOTHING that they can say to win this case. Now since you keep saying that I have NO case, why don't you tell me what in the world can they say to that? I would love to hear what you have to say... I mean come on dude its a No brainer!!!

[Country Living]

They will say they were investigating potential fraud.

[Proserpina]

There is NOTHING that they can say for me NOT to win this case period[/b]!

Well, other than the fact they have done nothing wrong...

I will take them to small claims court for the amount that they have locked and maybe lost wages and anything else I can think of, I am not concerned in having my account open. I will NEVER open an account with this company ever again due to the fact that I don't trust them with my money!

Defendant: Your honor, it's very clearly explained in the plaintiff's agreement that we may legally suspend the account while conducting a suspected fraud investigation. We had not yet finished our investigation when plaintiff filed suit against us.

Judge: Very well. Case dismissed. Plaintiff will also pay defendant's costs. Have a nice day everyone.

Dogmatique no offense but you make no sense when you say I have no case, I just need to prove 2 things in court, #1 that I am who I say I am, and #2 that my brother gave me full authorization to make the transfer, this is something I can prove in court with my credentials, and my brother can back up the fact that he indeed did give me permission to make the transfer from his PP account to my wired plastic account, and he can show the judge his credentials to prove just that, case closed!

Um..no. Not how it works.

You can prove you are who you say you are, and that your brother is who he says he is, and he agreed, etc etc.... - and the company STILL hasn't done anything wrong. Why are you not understanding this?

Now what do you think Wired Plastic is going to say in their defense? NOTHING! there is absolutely NOTHING that they can say to win this case. Now since you keep saying that I have NO case, why don't you tell me what in the world can they say to that? I would love to hear what you have to say... I mean come on dude its a No brainer!!!

I can quite firmly say you have not understood the terms and conditions of your card, and you do not understand why they are within their rights to suspend the account.

[Proserpina]

Originally Posted by Country Living

They will say they were investigating potential fraud.

Sigh...I know this, you know this, they know this....

[jtridexter]

Dam you are really Dense aren't you? When did I say that they don't have the right to suspend my account? it's not even about that, its almost like your protecting these people! The investigation had to do with me proving my identity, I already cleared that up with you by stating that my ID was already verified by them and I have that on tape! they have NO right to ask me to fax my brothers personal information to them, my brother has Nothing to do with my account! This is how Identity theft happens!!
THIS IS HOW IT WOULD REALLY GO DOWN IN COURT::

Defendant: Your honor, it's very clearly explained in the plaintiff's agreement that we may legally suspend the account while conducting a suspected fraud investigation. We had not yet finished our investigation when plaintiff filed suit against us.

Plaintiff: Your honor they did not suspend my account they closed my account without any notification whatsoever! I found out when I tried to log in to my account, and when I called them to find out whats going on, an agent told me that my account had been CLOSED! As for them not finishing their investigation, I have proof that they did verified my ID, they asked me to fax them 4 COPIES, a copy of my ID, SS card, utility bill and a Notarized letter proving my brother authorized a transfer from his PP to my Wired Plastic account. Your honor these are personal sensitive documents being sent electronically, I am taking a huge risk faxing these documents but I did it anyway in hopes of clearing any doubts with my Identity.

After faxing them these LEGAL documents AND WAITING for OVER 3 WEEKS for a response, they then tell me to fax my brothers personal documents. Your honor, it was risky enough faxing my personal sensitive documents and now they have the goal to request me to fax my brothers personal sensitive documents? Your honor again my brother has Nothing to do with my account, the account is under my name and he refuses to provide his sensitive documents to a company he has nothing to do with, but if you wish he will be more then happy to provide you with these documents so you can examine it yourself.

Furthermore your honor they will not open my account or reverse the funds back to my brothers account until I fax them my brothers personal information, something I believe they have no right to ask, so your honor, as you can see, I had no choice but to sue them since they refuse to reverse the funds or re-open my account after they had already verified my ID and after I supplied them with Legal documents that my brother authorized the transfer!

Having said that, your honor with your permission I would like to play a recording of what they first asked me to fax them and a recording of what they said after that.:

TAPE PLAYING: PROOF AFTER PROOF AFTER PROOF!

JUDGE: OK I heard enough! My ruling is for the plaintiff, Case dismissed, you are also ordered to pay lost wages, and $4000 for depression caused by this ordeal, not to mention any court fees!!

[jtridexter]

It is clear to me that either you work for these people or you have very little understanding about the law. I rather get feedback from someone that at least have some experience in this issue rather then have someone make ridiculous statements. Anyone with half a brain can see that what they are doing is NOT legal! Dogmatique let someone else take a crack at this, no offense dude but obviously you don't know what your talking about!!