where was fraud???/

[notafraud]

What is the name of your state? Oklahoma
The response i received said I was a fraud. I don't understand. My wife at the time, granted me access to her credit card and had a card issued in my name. I used that card, unrestricted, before and after we split up. She knew I had the card. She did not say I could not use the card. She did not notify the card company to remove my use authorization. She did not close the account. She knew I was using the card and said I had to make the payments. I did make all the payments, over $5,000.00 in the past 3 years. The account was closed by the card company when I told them we were divorced and I was paying the account. I am still making all the payments, she has not had to put out a penny. The card I used had my name on it and I signed it as such.
So where did I commit fraud?
She used our joint card for over a year after the divorce and she has mad payments on it. Is she defrauding me? NO!
If you feel that I an a fraud I would like a legal reason why?

 

[stephenk]

first, dont start new threads as replies to your earlier posts. go to your original post and press reply and then type in your response. it makes it easier to follow the subject.

 

[stephenk]

"Before my wife and I divorced, we cut up a credit card that was in her name, i was a user. "

So you both reached an agreement that this particular line of credit was no longer to be used, correct?

"While doing my student teaching I called to get another card sent to me as I had no income. I used the card w/o her knowledge..."

Fraud!


The above was from your original post. Strange how your current post now has your wife knowing you were using the card. Were you lying in the original post or in this one?

 

[notafraud]

thanks for reply

Thank you for your reply. Sorry about the new thread, new to the system. I wasn't lying either entry. We cut the cards so we would not use it until balance was paid. We never discussed not ever using the account or closing it. This was done months prior to the break up. I paid the balance when the company I worked for was bought out and my 401K was paid out. This happened about a year after we cut the cards. She was planning on leaving at that time, unknown to me, so she said we should pay off that card rather than the joint card which was a newer account. I agreed thinking she just wanted our stuff all to be joint. Who was deceiving who then? No need to answer that.
What I don't understand is how can it be fraud if she gave me access to the account. She had no objection to me using it after I got it and used it, even after the divorce. I'm not trying to get out of the debt. She wants me to take it over and the card company will not do that. She wants to buy a bigger home and wants the debt removed from her name, bottom line.
My credit is still linked to her via the joint account and a gas card that she still uses and has run up a balance in excess of $1,000.00. I don't have access to that and don't want it. but I do have to rely on her paying them both.
I have a sears account that has a zero balance, if I give access to my current wife and she uses it with out telling me first, would that be fraud? Should a person check with the primary holder prior to each use to avoid fraud charges?
I just don't get it.

 

[stephenk]

you still dont get it. after you and your wife split up, you called the bank and got them to send you a card without your ex knowing about it, right? How was this account taken care of in the divorce? I doubt it was determined to be a joint account after you and she divorced.

Were the statements only going to you?

Now she needs the balance paid off immediately so she can qualify for a loan. Since the account is in her name she either has to pay the balance off right now or you have to pay the balance off right now. So who is going to do it?

Her position is going to be that since you were divorced the account cant be a joint account any longer. You committed fraud by calling for a new card after your divorce and without telling your ex before getting the card.

The right thing to do would be to do a cash advance from one of your other credit cards or take out a loan and pay off this balance then throw away the card.

 

[notafraud]

No I did not get the card after we split up. I got the card before I knew she was planning on leaving, about 4 months before. The statements came to our home and I paid them. She knew I had the card before the divorce.
I wish I could pay it off with another card. I lost the house after she left because I couln't afford it and it would not sell before forclosure. Now my credit is shot.
I got the card before Christmas, she said she wanted a divorce in Feb. ( which was a shock to me and everyone we knew), she moved out in March and the divorce was final in May.
I wish it was in my name then it would help rebuild my credit.

 

[notafraud]

The Real Deal

For those who have followed the banter....
I spoke with my lawyer today and she said any issues such as this is domestic and the DA would not consider criminal charges. Not a big revalation.
She summed up the whole issue by saying that Iwas a authorized card holder and could use it freely and that my ex hasn't any leg to file fraud charges on, just trying to threaten me. I will pay the payments and if the balance affects her credit and in debt rate toooooooooo Bad. You should see what she did to mine, not to mention me losing my home, dog and month to month custody of my son. If I were a jerk I would make her eat it and she would have to sue. However I pay my debts and I do try to do the right thing.
Thanks for your help and input.
Not A Fraud