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    jvhuggins1's Avatar
    jvhuggins1 Posts: 7, Reputation: 1
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    #1

    Jan 20, 2012, 01:54 PM
    Credit card fraud
    I went on the internet and added myself as an authorized user to my wife's credit card. I got a cah advance of $8400 and deposited it into my bank account. About a month later I told her about it as we began to have financial issues. She and I together called the credit card company and set up a 5 year pay back plan where they closed the account, froze it at the current balance with no fees and zero interest. I have paid on it faithfully for 7 months but lost my job in December. My wife left me and now claims fraud. The credit card company has reversed (8 months later) the deposit into my bank for $8400 and zeroed out the account. My bank doesn't not know anything about it. 2 questions:
    1. Can I be charged with fraud since my wife knew and agreed to a payment plan?
    2. Can the credit card company (8 months later) reverse the deposit and make me overdrawn at the bank?


    Thanks
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    Jan 20, 2012, 02:11 PM
    Sure they can reverse it... you got it in the first place through fraudulent means, why did you think you could keep it?

    Technically you DID commit a fraud, and technically they could have you charged. It IS a crime. Now if its compltely or almost completely paid off via that reversal, they might not have incentive enough to do it, if you still owe them a lot more... expect them to come after it.

    EDIT: Now it appears you are telling a lie about this...in this post you claimed she did it...now which is true and which is a lie?
    https://www.askmehelpdesk.com/credit...rd-624532.html
    tickle's Avatar
    tickle Posts: 23,801, Reputation: 2674
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    #3

    Jan 20, 2012, 02:15 PM
    I think you are up the creek on both counts. You added yourself as a secondary card holder and the dates can verify that; and, the credit card company obviously can reverse the deposit, so they did.

    Anything can happen now, so suggest you get a lawyer.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #4

    Jan 20, 2012, 02:21 PM
    Did you see the thread I linked where this poster claims it was her that did it to him and it was $25,000 on Jan 3,2012?

    https://www.askmehelpdesk.com/credit...rd-624532.html

    I wonder how serious this post really is after finding that.

    I think they should explain it to us.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 20, 2012, 02:24 PM
    I think we need an explanation of the contradictory stories. Including the first thread from this member about an outstanding warrant. No further response should be made until we get an explanation.
    tickle's Avatar
    tickle Posts: 23,801, Reputation: 2674
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    #6

    Jan 20, 2012, 04:10 PM
    Quote Originally Posted by ScottGem View Post
    I think we need an explanation of the contradictory stories. including the first thread from this member about an outstanding warrant. No further response should be made until we get an explanation.
    Yes totally. Too much going on here
    jvhuggins1's Avatar
    jvhuggins1 Posts: 7, Reputation: 1
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    #7

    Jan 21, 2012, 02:02 PM
    OK Smoothy.. you were right. The first time I asked a question I didn't want people to know I was a bad guy. The second time I asked I told the truth because thr truth sahll set you free and truth is the only way to fins out your options. I apologize to all the users.

    Now, I had a bad gambling problem (I am no longer gambling and go to GA a lot). My wife had 3 credit cards in her name with high limits. I went on the internet and added myself as an authorized user without her knowledge. I ran the cards up to about $25,000. When I quit gambling and went to GA they said I had to come clean with her so I did. That was in June 2011. We contacted the credit card companies and told them we could not make the payments. They agreed to freeze the cards with no fees or interest and we worked out a 5 year pay back plan. We made the payments until December when I got laid off from work. My wife and I separated 2 days later. Now she is alledging fraud even though she agreed to the pay back plan. On one of the cards, I took a cash advance of $8400 and deposited it into my bank and spent it. I have been notified that the credit card company reversed the $8400 deposit in my bank (8 months ago) and reduced that balance to zero. On the other two cards they reversed the charges on the cards until the total balances on all three cards fell from $25,000 to about $6000. Some of the transactions they reversed were in 2010. Can I be charged with fraud at this poiint and what happens with the reversals?


    Thanks again and sorry again.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #8

    Jan 21, 2012, 04:27 PM
    Thanks for coming back and clarifying that... little things make big differences.

    The agreement you made with them went into default and was nullified (and I'm sure its written into the agreement if you were able to locate your copies) when you failed to make your payments as agreed upon... they have the right to all legal means to recover the rest. And yes, if that means charging you with fraud, and everything else. They can do it.

    After all, if your wife doesn't do that (say they were fraudulent which they were, since you did it without consent and forged her signature)... legally SHE becomes responsible for those debts. And quite honestly... I'd do the same thing. Particularly if they were an ex. That's a lot of money for most people.

    Those reversals are theirs now... and the balance including interest and penalties are still owed additionally... remember any agreement was valid only as long as you were holding up your end. That agreement ended at the point you defaulted.
    jvhuggins1's Avatar
    jvhuggins1 Posts: 7, Reputation: 1
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    #9

    Jan 21, 2012, 04:54 PM
    Thanks smoothy:

    However, I never forged her signature. I simply went on the internet to the accountsd and added me as an authorizewd user. They never asked for an e-signature or anything. And although she didn't know initially, she did know later and we both agreed with the card company to sign up for the pay back plan. She doesn't want the debt now because we are not together. The law says an authorized user is not repsonsible for the debt.. only the primary card holder. So, how can she say I committed fraud at this stage. Also, the card company surely has some liablility when someone on the internet ask to add an authotirzed user to contact the primary and verbally or in writing get authoriztion.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Jan 21, 2012, 05:00 PM
    Quote Originally Posted by jvhuggins1 View Post
    ...
    However, I never forged her signature. I simply went on the internet to the accountsd and added me as an authorizewd user. ...
    You must have used her password without her permission, correct?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #11

    Jan 21, 2012, 05:09 PM
    Sorry, when you went onto her account , without her permission, and added yourself and then took out over 8000 yes it is fraud. Sorry when you "clicked" somewhere on there, you were claiming to be here and claiming to have permission to be there.

    With that all said and done, yes you can be charged with it, arrested and go to court. Your defense is that after she was told, she did not call the police, did not have you arrested, but agreed to allow you to pay it off.

    But the issue is the statue of limitation has not ran out, so just like with shoplifting, when they don't pay the store back and then the store presses charges,

    Yes they are allowed to do this, So you need a good attorney at this point and time.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Jan 21, 2012, 05:51 PM
    I'm going to disagree here. As soon as you and your wife agreed to a payment plan, I believe the ability to press charges for fraud, especially by your wife, ended. Your wife was aware of what you did and did not press charges at that time. I don't think she can come back and do so now.

    I believe the same is true of the credit companies, though I'm less sure there. I still believe by making an agreement to pay, they abdicated their right to press charges for fraud.

    That doesn't mean they can't collect on this debt. They still have the right to sue and garnish salary and/or assets. And, by your wife signing the agreement to pay, she is liable for the debt. But she can sue you for the debt and I think she has sufficient proof to win.

    But I would also advise you to get a lawyer. My take on this is based on your statement that you have a written agreement to pay back the debt that was agreed to by your wife and the credit card company. But it might depend on the wording of that agreement.

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