is this fraud?

[mrkag66]

What is the name of your state : California

My mother passed away in late 2011 of pancreatic cancer. We both owned the same home. All utilities except cable were in my name. After paying funeral and burial and a few other "mom" expenses I was pretty tapped out. I kept the cable bill in her name and for the next year and a half have always paid the bill on time. I am now unemployed and can't pay this bill. It's now two months delinquent and has yet to be disconnected. I had hoped the first month of delinquency I'd be able to catch up and just pay it off. At this point the over due is about 280. I just can't afford that right now. My fear is after paying faithfully for a year and a half the second I tell them the account holder has been dead for the past year and a half they will suggest the last two months delinquency constitutes fraud. I wouldn't bail on the bill I'd admit I used it. It's my bill. My past history of always paying shows there was never any intent to keep the account to defraud anyone. I couldn't predict back then I couldn't pay over a year and half later. Will cable toss this charge at me or just demand payment with a threat of fraud if they don't get the money immediately? As I said I can't pay based on income. The idea of having a charge of fraud because I didn't switch account user name scares the hell out of me. I don't know what to do with all of this and how to approach them. I want to be honest admitting it's my bill I'm the one who is over due will suddenly turn into me looking like some deceptive monster even though whats happening to me financially suggests it was income resource not deception that created the delinquency. They don't even talk to you about the account unless you are the account holder . Any advice?

 

[Antigone*]

What is the name of your state : California

My mother passed away on late 2011 of pancreatic cancer. We both owned the same home. All utilities except cable were in my name. After paying funeral and burial and a few other "mom" expenses I was pretty tapped out. I kept the cable bill in her name and for the next year and a half have always paid the bill on time. I am now unemployed and can't pay this bill. It's now two months delinquent and has yet to be disconnected. I had hoped the first month of delinquency I'd be able to catch up and just pay it off. At this point the over due is about 280. I just can't afford that right now. My fear is after paying faithfully for a year and a half the second I tell them the account holder has been dead for the past year and a half they will suggest the last two months delinquency constitutes fraud. I wouldn't bail on the bill I'd admit I used it. It's my bill. My past history of always paying shows there was never any intent to keep the account to defraud anyone. I couldn't predict back then I couldn't pay over a year and half later. Will cable toss this charge at me or just demand payment with a threat of fraud if they don't get the money immediately? As I said I can't pay based on income. The idea of having a charge of fraud because I didn't switch account user name scares the hell out of me. I don't know what to do with all of this and how to approach them. I want to be honest admitting it's my bill I'm the one who is over due will suddenly turn into me looking like some deceptive monster even though whats happening to me financially suggests it was income resource not deception that created the delinquency. They don't even talk to you about the account unless you are the account holder . Any advice?

You should have been honest a year and a half ago. You need to call the cable company and discuss the situation with them. You also need to have the cable disconnected so the bill doesn't get bigger.

I doubt that you'll be looking at any criminal charges, but they certainly aren't going to be happy with your deception.

 

[Ohiogal]

What is the name of your state : California

My mother passed away on late 2011 of pancreatic cancer. We both owned the same home. All utilities except cable were in my name. After paying funeral and burial and a few other "mom" expenses I was pretty tapped out. I kept the cable bill in her name and for the next year and a half have always paid the bill on time. I am now unemployed and can't pay this bill. It's now two months delinquent and has yet to be disconnected. I had hoped the first month of delinquency I'd be able to catch up and just pay it off. At this point the over due is about 280. I just can't afford that right now. My fear is after paying faithfully for a year and a half the second I tell them the account holder has been dead for the past year and a half they will suggest the last two months delinquency constitutes fraud. I wouldn't bail on the bill I'd admit I used it. It's my bill. My past history of always paying shows there was never any intent to keep the account to defraud anyone. I couldn't predict back then I couldn't pay over a year and half later. Will cable toss this charge at me or just demand payment with a threat of fraud if they don't get the money immediately? As I said I can't pay based on income. The idea of having a charge of fraud because I didn't switch account user name scares the hell out of me. I don't know what to do with all of this and how to approach them. I want to be honest admitting it's my bill I'm the one who is over due will suddenly turn into me looking like some deceptive monster even though whats happening to me financially suggests it was income resource not deception that created the delinquency. They don't even talk to you about the account unless you are the account holder . Any advice?

So did her estate go through probate? Yes, you could have an issue with fraud. You took advantage of this being your mother's account. It is not just the last two months that constitute fraud but every month since she died. You need to shut off the cable and have the executor of your mother's estate contact them.

 

[tranquility]

While I could see a bunch of law students sitting at the bar could twist some of the facts to find fraud, I don't think the police or the courts will. You don't have an affirmative duty to inform the company of mom's death. Sure, you continuing to pay after mom's death could be argued a misrepresentation of some sort because the account was based on mom's credit and not yours. But, they would have gladly signed you up or transferred the account if you told them.

This is about money. I would not worry about being formerly accused of a crime.

 

[mrkag66]

So did her estate go through probate? Yes, you could have an issue with fraud. You took advantage of this being your mother's account. It is not just the last two months that constitute fraud but every month since she died. You need to shut off the cable and have the executor of your mother's estate contact them.

I am the executor of her estate and there was no probate. She didn't have anything to probate. And you are incorrect to suggest I "took advantage" of her account. I paid that account in full every month for a year and a half in the home we both owned. A home I paid for but put her name on should anything happen to me. You'd need to understand the relationship. My mother was also severely disabled since childhood. I was her arms and legs for the entirety of my life. She actually, and God forgive me for this, took advantage of me. On many occasions while she was alive and bound to that bill and many others I paid them all in full. I bathed her, fed her, dressed her, lifted her. For decades. So me taking "advantage" of my mother? Not even close to understanding the situation. I simply kept a household bill in her name and proceeded to pay it for a year and a half. I can't really buy that the cable company would truly be livid about that. They'd just pull that as a form of pressure to pay the delinquency off quickly. The debit card had my name on it and electronically every bill shows my name on it. And no one said... hey who's he? why's he paying? They took the money from this alleged fraud who kept paying.

 

[Antigone*]

I am the executor of her estate and there was no probate. She didn't have anything to probate. And you are incorrect to suggest I "took advantage" of her account. I paid that account in full every month for a year and a half in the home we both owned. A home I paid for but put her name on should anything happen to me. You'd need to understand the relationship. My mother was also severely disabled since childhood. I was her arms and legs for the entirety of my life. She actually, and God forgive me for this, took advantage of me. On many occasions while she was alive and bound to that bill and many others I paid them all in full. I bathed her, fed her, dressed her, lifted her. For decades. So me taking "advantage" of my mother? Not even close to understanding the situation. I simply kept a household bill in her name and proceeded to pay it for a year and a half. I can't really buy that the cable company would truly be livid about that. They'd just pull that as a from of pressure to pay the delinquency off quickly.

Call the cable company, turn off the cable until you can afford it and be done with it.

Such is life.

 

[mrkag66]

Call the cable company, turn off the cable until you can afford it and be done with it.

Such is life.

Thank you. I appreciate the response. You don't think this will have law enforcement banging at my door yelling... fraudster!

 

[Antigone*]

Thank you. I appreciate the response. You don't think this will have law enforcement banging at my door yelling... fraudster!

Even if what you did does constitute fraud, there are much bigger fish to fry. I wouldn't worry about it at all.

 

[cbg]

No, I don't think anyone from law enforcement will be showing up claiming fraud.

But I do think the longer this goes on the harder it is going to be when you finally address it.