credit card fraud

[sunshine1107]

First off, we're in Missouri. But this could also be taken to court in Illinois, I'm not sure how that would work.

My fiance's parents (who live in Illinois) gave him a credit card in their names last fall to use while he was starting up his business and we were having some financial difficulties (we live in Missouri). Apparently, they then "forgot" that they gave it to us, and are now unhappy that we have charged up about 10,000 dollars. I do not know how any intelligent person could "forget" this, but that's what they claim. They claim they never gave it to us, so obviously they never added my fiance as a user on the card, he was just using it online or signing his dad's name for things he had to get in person.

Now every time we're even a day late getting the payment to them (we have to take it to them), even if it's not going to be late to the card company, they threaten to turn my fiance in for fraud. The card is of course closed, and they have told the credit card company that the purchases were unauthorized (although the ccc knows it was by their son), but have for the meantime said not to press charges. Well, now they say they might.

What would they have to prove in order to convict for fraud? And what would we have to do to get him cleared? What might we possibly do or say to defend him if necessary, and what might be a possible punishment for this? It seems relatively innocent compared to most credit card fraud cases. Any advice would be most appreciated. We're hoping they're just bluffing and trying to be controlling, but I'd like to be prepared just in case.

 

[I AM ALWAYS LIABLE]

My response:

Over what span of time; e.g., days, weeks, months, was the $10,000.00 worth of credit usage?

IAAL

 

[sunshine1107]

Thanks for responding.

I believe we started charging on it in about March or April of 2003. We made payments on the card every month until December of 2003 (while occasionally continuing to make charges on it) when his parents rediscovered (for lack of a better word) that we were using it and closed it. We are still making the payments on it.

Oh, and I accidentally put last fall instead of last spring for when we received the card. My apologies.

 

[I AM ALWAYS LIABLE]

Thanks for responding.

I believe we started charging on it in about March or April of 2003. We made payments on the card every month until December of 2003 (while occasionally continuing to make charges on it) when his parents rediscovered (for lack of a better word) that we were using it and closed it. We are still making the payments on it.

Oh, and I accidentally put last fall instead of last spring for when we received the card. My apologies.

My response:

I don't know what kind of "game" his parents are trying to play, but I think there's some other ulterior motive for what they're doing.

They can't do anything. The reason why I asked my question is because if you look on the back of any credit card bill, it gives you 60 days to dispute ANY billing amount, in writing.

Now, the fact is, too much time has elapsed for the parents to "Dispute" the billing - - which means that they knew their card was being used, and did nothing about it.

How do they explain THAT?

No, they are, for some other reason, attempting to scare you and your boyfriend. But, once you call their bluff, they'll back off. You see, if it really was "unauthorized use", they would have caught it much sooner, and reported it much sooner.

What a bunch of crap - - about how the CC company said, "not to press charges." Boloney.

What's REALLY going on here? What's their motivation after all this time?

IAAL

 

[sunshine1107]

His parents have always been pretty manipulative and have tried to control our lives. We didn't want to take their help, but it was either that or I don't know what. Their motivation, I'm pretty sure, is paranoia that we technically could just stop paying on it and they would be stuck with a 10,000 credit card bill. I just wanted to be sure they didn't have a case, or that we knew what to say if something were to happen. Oh, and the reason they can claim they didn't know we were charging on it is because we had the statement sent to our apartment to make it easier to pay (care of my fiance's name even). And with people that mentally inept, perhaps they really DID forget we were using it, without a monthly statement to remind them.

That 90 days to dispute sure does make me feel better. Thanks for your help. If anyone has any alternative opinions, I would be glad to hear those, too.

One more thing, if you don't mind. They've asked us if we could get the balance put in our name. Now, we don't have the credit to get a new card with a limit high enough to do a balance transfer. I know this would belong more in a different forum, but are there any other ways to do this?

 

[I AM ALWAYS LIABLE]

My response:

Okay, this story is starting to smell even "gamier" now. You said - -

"Oh, and the reason they can claim they didn't know we were charging on it is because we had the statement sent to our apartment to make it easier to pay (care of my fiance's name even)."

Who authorized that?

IAAL

p.s. Have you looked at the back of one of your CC statements yet?

 

[I AM ALWAYS LIABLE]

My further comments:

Okay, by your lack of response, I can only conclude that it was your boyfriend who snagged the card without permission. And, to hide his crimes, he called the CC company, as if he was his own father, and had the Statement address changed.

This is why his parents couldn't "dispute" the billing - - because they had no idea any usage was going on - - and that's because they weren't receiving their statements.

It was only after they used one of their other credit cards, and received a bill with your boyfriend's card usage, did they finally figure out that they needed to call the CC company to dispute the charges.

Not too smart on your boyfriend's part. So, yes, because of his fraud, the CC company can, in fact, go after your boyfriend, both criminally and civilly.

Your boyfriend is toast.

IAAL

 

[sunshine1107]

First, my lack of response just means I was occupied with other things.

When he first got the card, he was living at home. They knew then that he used it a few times to charge things. Then, when he moved out, he changed the address on that card along with his other bills.
While he was living there, they always handed him the statement with the mail. He's never missed a payment. He was living at home for six months after he started using the card, they just didn't look at the statements. Thus, they forgot about it, and when they were reminded of it, they didn't like the balance.

 

[I AM ALWAYS LIABLE]

First, my lack of response just means I was occupied with other things.

When he first got the card, he was living at home. They knew then that he used it a few times to charge things. Then, when he moved out, he changed the address on that card along with his other bills.
While he was living there, they always handed him the statement with the mail. He's never missed a payment. He was living at home for six months after he started using the card, they just didn't look at the statements. Thus, they forgot about it, and when they were reminded of it, they didn't like the balance.

My response:

The picture is getting much clearer, and like I said, your boyfriend is toast.

Before he moved out, he was "allowed" to use the card - - not to "take" the card, and certainly had NO AUTHORITY to change the billing address! This is just as I thought. Your boyfriend is a criminal thief, and he changed the billing address to hide his fraudulent usage, and to keep his parents in the dark about the amounts being charged to THEIR name and credit.

Sure they "forgot" about it! They weren't receiving their statements - - YOUR BOYFRIEND WAS! This scam probably lasted longer than it should have, but eventually, all criminals are caught.

You better hope to God you didn't use the card yourself, and especially if you did, that you didn't forge his parents' name. Otherwise, you can count yourself among the soon-to-be-toasted.

Man, I wouldn't want to be in your shoes.

IAAL


P.S. Just some friendly advice - - don't be an advocate for your boyfriend, because the more you try to explain, the worse you make it for him.