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Fraud Claim against Credit card company (BANKRUPTCY & CONSUMER CREDIT)

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• Tue, 30 Mar 2004 16:52:00 GMT(1)
• Sorry, but I am not falling for your 'version' of this. There are simply TOO many holes in it.
  For example:
  - Whatever happened to the card that HE applied for?
  - There is simply no way that if each of you used the correct SSN, that they would 'somehow' validate his card with YOUR number (or vice versa).
  - As noted by Bigun.... what about the bills?
  So, your only real recourse is to file a fraud affidavit with the credit card company and let them pursue criminal charges against your father, for HIS fraudulent use. Or try to work out something with him to reimburse YOU (and you to the creditor) their funds that he/you used.
• Tue, 30 Mar 2004 13:34:00 GMT(2)
• My dad is the most honest guy I know. I can't think of any reason that he would need to use me as a resource to get credit. Like I said, he was applying for cards at the time I filled out the Best Buy app, and for the sole purpose of obtaining a better rate, not because he needed the money.
  Either way, the card company is at fault for letting the card activation slip. The sole purpose of card activation is to verify identity of the individual activating the card. Even if my father activated my card purposely using my SSN, when he stated his mothers maiden name, a red flag should have popped up. The physical application has my mothers maiden name stated on it.
  From what I can gather, the guy on the other end of the line wasn't paying attention when he activated the card, and some sort of action needs to be taken to rectify the amount of frustration, and aggravation this has caused me. Due to a defaulted account on my credit report, this whole situation has caused me financial grief by jumping interest rates on me when I apply for better credit. I should have almost perfect credit, but do to this situation my score is below what is required to obtain a mortgage.
  I wish I knew more about my rights, but I guess I was hoping that this forum would be a good place to start learning.
• Tue, 30 Mar 2004 19:58:00 GMT(3)
• "Is this on your fathers credit report as well?"
  No it isn't, just on mine.
  "possibly pursue charges against the 'fraudulent' applicant."
  How in this case is the apllicant (myself) fraudulent?
• Tue, 30 Mar 2004 18:38:00 GMT(4)
• "there must be some sort of legal action that I can take to protect my credit from being damaged any further."
  * Yes, and I already told you what it is..... contact the creditor and ask them to send you a fraud affidavit. Then, complete it, get it notarized and send it in.
  When received, the credit card company will investigate and if appropriate, clear the record and possibly pursue charges against the 'fraudulent' applicant.
• Tue, 30 Mar 2004 17:39:00 GMT(5)
• We both have the same exact name. First, middle, and last. The Bills came addressed to "our" name (unfortunately I did not write Jr. on the original application).
  - Whatever happened to the card that HE applied for?-
  He had applied for several online expecting to qualify for at least one of them. When the household card came in the mail, he assumed it was his, and assumed that when he tried to activate it (using his personal info) it would verify whether or not the card was his or mine. Considering the fact that he thought that he recieved the card he applied for, he threw out neglected to follow up on any of the other offers he applied for and probably treated them as junk mail.
  There is simply no way that if each of you used the correct SSN, that they would 'somehow' validate his card with YOUR number (or vice versa).
  Obviously there IS a way that they would validate the card, because they did. I have a copy of the original application, and all of my information is correct. However the account is setup in such a way that his mothers maiden name was used to activate the account (verified by a customer rep), however my SSN is still attached to the account. Its pretty simple actually. The gentleman who activated the card noted that the call was coming in from the verified phone number on the application (one source used to verify identity), and failed to pay any attention to the rest of the info that my Father had given him (the most important part of verifying identity). It was simple negligence on the gentleman who activated the card.
  If you have no information on how I can go about resolving this than I would kindly request that you at least point me in the direction of the type of lawyer I should contact. I know it is a strange case, and obviously not cut and dry, but what I am telling you is exactly what has taken place here, and there must be some sort of legal action that I can take to protect my credit from being damaged any further. I appreciate the comments and inquiries, and I understand the idea of filling in the holes, but being treated as if I am making this up is not what I would consider "Legal Advice".
• Wed, 31 Mar 2004 15:42:00 GMT(6)
• "Okay, lets say that your little 'scenario' is accurate. How are YOU going to be able to prove that YOU didn't call and activate the card?"
  There are currently two pieces of information on the account that are used for identity verification that contradict one another. I have verified this with a customer rep and anyone with authority (say a Judge if I so choose to take that route) can get the info to verify this.
  The first being my SSN (obviously on the original application)
  The second being my Father's, Mother's maiden name.
  This alone should be enough to prove that someone within the confines of the issuers headquarters made an error. Considering the fact that my mother's maiden name is correct on the original app, there must have been an error when the card was activated (the only time other than the original app that this piece of personal info was stated to the issuer.)
  I also am wondering if the original call to activate the card was "recorded for quality assurance". This might be enough proof to show that the guy on the other line illegitimately activated the credit card.
• Tue, 30 Mar 2004 17:59:00 GMT(7)
• Is this on your fathers credit report as well?
• Wed, 31 Mar 2004 16:09:00 GMT(8)
• Why are you still here pissing and moaning. There is no on this forum that works for the credit card company and can step in and take care of this for you. I have already repeatedly advised you what you can do.... and how to do it.
• Wed, 31 Mar 2004 12:53:00 GMT(9)
• "I agree completely, Fraud by the card issuer."
  * And that is where you are wrong. They clearly issued the card to an applicant. Someone other than the applicant 'intercepted' the card and used it.
  "If my father activated the card using his information (completely different than what is stated on the account), than the gentleman who said "ok sir, you are all set to strart using YOUR card" illegitimately activated the account."
  * Okay, lets say that your little 'scenario' is accurate. How are YOU going to be able to prove that YOU didn't call and activate the card? Obviously, the credit card company should be able to compare the signature on the application with that used on the charge slips and see if the card was used by YOU or someone else. And if the someone else signed your name, YOU have the obligation to PROVE that it wasn't you. And that, my friend, is where your 'house of cards' is going to topple.
  "If a customer rep told me I was all set to start using MY card, which had MY name on it, after calling the card issuer to verify it was in fact MY card using MY personal information to activate it, how could I be at fault?"
  * Better yet.... put YOURSELF in the position of the card issuer. Do you really think you would believe someone who makes the claim.... "Gee, my dad applied for a card the same time I did and I forgot to use Jr on my application, and the card came to his house, and he managed to use his information and your people verified his use of the card, and now he won't pay and you need to remove the bill from me also."
  Do you really think that they are going to believe that? Of course not.
  "Put yourself in that position for a minute and think about it. I don't see what is so difficult to understand about the whole idea. The card company made a big mistake."
  * Agreed. There is nothing to misunderstand. Only that the obligation is on YOU to prove that it happened that way..... and if it did, the credit card issuer will ask you to file an affidavit (under oath) to that effect..... as I have already told you.
  "The balance on the card is only $45 . My Father is more than willing to pay for any charges he accrued with exception to all the fees that they have tacked on since he ceased payment on the account, which he tried to use as a tool to negotiate getting any negative history off my credit report."
  * Wait a minute.... you say that your father stopped paying on the card to try to use it as a 'tool' to fix YOUR report?!
  Getting more and more interesting.... and unbelievable with every post.
  "All we are looking for is restoration of my credit, any expenses caused by the false reports on my credit, and and fees applied to the card since payment on the account has been ceased."
  * And that, my friend, I predict you will NEVER get. And certainly not if you refuse to follow the 'rules', like affidavit of fraud, etc. You can talk until you are blue in the face and they will NEVER simply just say..... "Okay, no problem. Of course we will eat those charges!".
  Get real.
• Tue, 30 Mar 2004 16:36:00 GMT(10)
• How were the statements addressed? Just to you Dad or, both? Also, is this debt appearing on both of your reports?
• Tue, 30 Mar 2004 12:14:00 GMT(11)
• Interesting. Are you sure dad didn't use your social security number to activate the account? Also bumping your post hoping someone more knowledgeable can answer.
• Wed, 31 Mar 2004 08:18:00 GMT(12)
• Well, see if one of these lawyers is nearby.
  www.naca.net
  MBNA recently lost a lawsuit and the ruling was upheld on appeal. The facts were basically they tried to hang an account on a lady and they had no proof it was hers. Nothing with her signature,etc. The case revolved around a number of FCRA violations on the part on MBNA. One thing the appeals court kept returning to was the fact that MBNA had no reasonable procedures in place to investigate the dispute and knowing they had no proof tying the lady to the account, they reported negative info to the CRA's. This violates the reporting standard that you only report accurate AND verifable info.
  Here's a link to the case.
  http://caselaw.lp.findlaw.com/data2/circs/4th/031235p.pdf
  Johnson v. MBNA America Bank, NA
  On 2/11/04, the 4th Circuit Court of Appeals handed down its decision in this appeal, affirming a judgment entered against MBNA following a jury verdict in favor of plaintiff Johnson on a claim that MBNA violated the Fair Credit Reporting Act by failing to conduct a reasonable investigation of plaintiff's dispute concerning an MBNA account appearing on her credit report. MBNA's first contention was that the district court made an error when it ruled furnishers of credit information must perform a "reasonable" investigation of consumer disputes. MBNA, in essence, says there isn't a qualitiative component to the investigation provision that would allow a court or jury to assess whether the creditor's investigation was reasonable. The Court went back to the plain meaning of the term "investigation" and concluded it would make little sense to believe that Congress would use the term "investigation" to include superficial, unreasonable inquiries. The court therefore held that creditors must indeed conduct a "reasonable" investigation of their records after receiving notice of a consumer dispute from a credit reporting agency. The next issue, then, was whether the jury's determination that MBNA did not conduct a reasonable investigation was supported by the evidence. The Court looks at the steps MBNA took and finds that a jury could reasonably conclude that MBNA acted unreasonably. Although the disputed credit account was for $17,000, the jury found that Johnson's actual damages stemming from the incorrect information furnished by MBNA totaled $90,300. After finding that MBNA had negligently failed to comply with the FCRA, the jury awarded Johnson $90,300 and that verdict was upheld on appeal. There are many other issues discussed. Read the Court's opinion for complete details.
  This might be an angle to work.
  In fact, maybe contact the lawyer who won this one.
  His name is Leonard A. Bennett and he pratices in Newport News,va.
• Wed, 31 Mar 2004 12:34:00 GMT(13)
• Thanks for the info Bigun!
  JetX writes:
  "Simply, if it was your card and someone else used it, that is credit fraud."
  My reply:
  I agree completely, Fraud by the card issuer. If my father activated the card using his information (completely different than what is stated on the account), than the gentleman who said "ok sir, you are all set to strart using YOUR card" illegitimately activated the account.
  If a customer rep told me I was all set to start using MY card, which had MY name on it, after calling the card issuer to verify it was in fact MY card using MY personal information to activate it, how could I be at fault? Put yourself in that position for a minute and think about it. I don't see what is so difficult to understand about the whole idea. The card company made a big mistake.
  The balance on the card is only $4500. My Father is more than willing to pay for any charges he accrued with exception to all the fees that they have tacked on since he ceased payment on the account, which he tried to use as a tool to negotiate getting any negative history off my credit report. All we are looking for is restoration of my credit, any expenses caused by the false reports on my credit, and and fees applied to the card since payment on the account has been ceased.
• Tue, 30 Mar 2004 22:53:00 GMT(14)
• "How in this case is the apllicant (myself) fraudulent?"
  * I used the term applicant incorrectly. What I should have said was the 'fraudulent user'. Simply, if it was your card and someone else used it, that is credit fraud.
  Bottom line.... either you or your father is going to have to pay the bill. And since it is unlikely that it will be him (from your post), you will either have to pay the bill or somehow or other, convince the credit card issuer that it is not yours and that you did not use the card. And in my opinion, that will be very hard to do.
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