lilfatsister: is this fraud”credit card”?
was taking care of termanaly ill brother He had excellent credit,had a visa,added me as autharised user got me a card with MY name on it.after he passed away,continued to use card, pay it off every month ,bill came in his name ,used my checks and return address when paying,never a problem,they called trying to add new features to card ,found out my brother is deceased, 1 1/2 yr. later, now saying i was committing CC fraud because I kept using card said he could Not authorise use after death,how can this be fraud My name is on the card,when I used it I signed My name..can some one please help,I “really thought it was ok” since my name was on it and not his even though he was the primary card holder. is it fraud or not? I really need some help here ,this could become legal according to them.
Answers and Views:
Answer by Sabrina Lynn
contact a lawer asap, dont get caught like this.
technically, it is fraud for the reasons they told you. so, tell them to close the card. they will not sue you and you should not get into any trouble. OR you could say to them, “well, I did not know that…so, you may close the account if you like OR perhaps you like having customers who pay their bills, in which case you might like to keep me as a customer, rather than causing me to go to another credit card organization.”Answer by =)
humm….i would get a lawyer!Answer by horne_missy
Your name might be on the card, but the account was in his name. Yes, they can get you for cc fraud, because you knowingly used the card after his death. However, if you call and explain to them that you did not know you were commiting fraud and you are willing to pay the card off and cut it up, they will probably work with you.Answer by Tina R
Why did you tell them and did you tell them he give you a card everything is taped when you call them credit ard companys so if he called in and said you can you it them I would make them go back and pull the tapes
Good luckAnswer by jjjjjjjjj
Once your brother died then all of his credit died with him. Your card should have been destroyed by you since you can’t draw on his credit any longer. It doesn’t matter if your name was on the card or not, since it was basically in care of your brother. Get it? You weren’t drawing on your own credit, you were drawing on his, even if you paid the bills you incurred. Since he and his credit no longer existed, then you were in effect using something that no longer existed to maintain your credit card, which is fraud.Answer by OC1999
It does not matter that you were not the primary card holder, when he died you should have stopped using the card. Once your brother died did you have any intention of paying the bill? How did you think the bill was going to get paid?
So YES this is fraud. Now, how far they will take it really will depend on you right now. If you offer to pay the bill in full they probably will not take it any farther, at the end of the day they really only want their money. Since you say you have been paying up until now that should not be a problem. However, if you do not pay the bill there is a very good chance that they will pursue criminal charges. I would consult a lawyer and have them work with the CC Company for the repayment to make sure they don’t file any charges.
Answer by kangaYou are not the account holder and although you have been issued with a card to access this card does not mean you can continue to use the account once your brother died,My sincere sympathy to you for your loss.The Credit Card provider should have been notified of his death and the account closed.You have in the eyes of the law used the Credit Card Account fraudulently as the account was not in your name and in reality ceased to exist at the time of your brother’s demise.I would seek legal advice as soon as possible.Your only excuse really is you did not know what had to be done after your brothers death.I wish you well and again offer my sincere sympathy at the loss of your brother.Answer by Jonathan B
1) Yes, this is contrary to the credit card agreement. It could be construed as fraud. CC company relied on your brother’s credit, which is now nonexistent. If my brother let me drive his car, and he passes away, that doesn’t mean it’s my car now.
2) You paying the bill has nothing to do with the issue.
3) You won’t need a lawyer if you pay the balance in full, cut up the card, and return with letter to CC company. Make sure you get this agreed upon by CC company.
4) If somehow you get a lawyer to fight for the use for the card- guess what- you’ll lose and you’ll pay the attorney bill.
5) It sounds like you’ve used this card responsibly, so why not your own card now?Answer by yanta_1999
the original person to whom the card was sent is deceased, therefore, the original “contract” between the cc company and he is null and void. Your signature is not on the application and you were not approved in any way by the cc company for this credit and in their eyes for you to continue to use it is fraud. Whether this is really true or not is something you should talk to an attorney about. But stop using the card immediately.
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