Credit Card Debt Fraud

I have a credit card debt due to fraud that dates back 12 years. Is it easier at this point to just tell the company I'm not paying due to statute of limitations? Proving that it wasn't me due to the length of time would be very difficult if not impossible. I already told them about the fraud and they have'nt gotten back to me.
If I do handle it this way, do I have to worry about it staying on my report? Is there any way to deal with that? Should I negotiate with them? (they already offered to cut the debt in half if I paid it by form letter). But the idea of eating someone else's debt from a crime against me is infuriating!

Gotcha is off base. First of all, the link is to EFT regulations not to FDCPA statutes.
Second, claiming a person only has 90 days from the fraud to act or else the person is "totally liable" - no.
A person has one year (generally from the date they become aware of a violation) to file an action against the violating collector.
If it was from fraud, the person is not liable for it. But that person would have to utilize their rights to make sure they are not held responsible.

Anyway, IF it has been 12 years since the fraud account had gone bad, it should no longer be reporting.
It should have dropped off, and remained off, years ago.
And, there are "no" states that have a 12 year collecting SOL for credit cards

Hopefully you sent them something by mail, and sent certified return receipt, claiming it is not your account and requesting that they show proof that it is (validation).
If you did it by phone, send them a letter. Make them "prove" that it's yours. Do not sign the letter, print your initials or type your name.

When you get the green card back, file a dispute with the CRA's.
You might claim it as not yours and that it is also past the reporting period and must be deleted.

You might click on my profile and do some reading in the links I have provided - the FDCPA, etc. and especially in the last link listed.

2007-06-01 18:05:10 by Pooka

Consumer credit card debt, credit cards, consumer debt

I just recieved a call from a law office who told me that they have a bill from a credit card company from 1994 that is from me. They said if I do not pay the full amount immediately then I will be served with a warrant for court and be charged with Mellicioius Intent to Fraud. Can I do something to stop this. I cannot pay the full amount. I had no idea that I even had this bill since it has been so long!
Jon H.

If the last time you paid on the account was in 1994, they are trying to collect on a time barred debt. There is no state that has a credit card collecting SOL for that many years

Also, per the FTC, using threats to get you to pay is ILLEGAL !!!!!

FDCPA
§ 806. Harassment or abuse [15 USC 1692d]
§ 807. False or misleading representations [15 USC 1692e]
§ 808. Unfair practices [15 USC 1692f]

Unfortunately if you don't have anything in writing or on tape, there isn't much you can do about it as far as suing.

You might file complaints with the BBB, FTC, the AG's in your state and their state and the state bar association in their state. (in fact it probably wouldn't be a bad idea to contact their state bar association to find out if they even have a license to practice under the name they gave you)

Write down every detail that you "truely" remember. Who you spoke with, when they called (date & time) What was said. etc.
Don't add anything to it that was not said.

Order your credit reports to make sure they are not reporting. If they are and the debt was from 1994, you can sue them for re-aging.

If they are reporting, file disputes with the CRA's

Find out exactly when your last payment/charge was on that account. Look in my profile for the SOL link to check the SOL in your state.

Send the law office (if they are a law office) a debt validation letter.
Send everything certified mail return receipt.

After you receive a response or 35 days have passed since they signed the green card from the cert. mail (whichever comes first) and if it has been that long ago, send them a SOL letter.

You might click on my profile and do some reading on the links I have listed - to the FDCPA, FCRA, etc.
Learn your rights and learn how to use them.

2007-03-26 11:23:05 by JessyH.

I ran up my credit card about 2500. I want to come up with some type of excuse on why I have all this debt without telling him the truth. Credit fraud is not an option because that is easily determined. Maybe a friend needed money and she promised to pay me back but skipped town, etc.

Serious answers, please!!!!!!!!!!!!

$2500 is not tooo much, so I think you should tell him that you got carried away and spent too much. It happened to me, but the end result was much larger. You probably kept spending little amounts at a time so it never seemed like that much. A dinner here, a pedicure there, a new outfit, etc. Just tell him that you are sorry and you will try to manage your money better in the future.

Or, if you spent it on something really bad - ie, drugs or something and you can't tell him b/c of that - you could say that you loaned the money to a friend for a car repair and now she is out of work and her cell is turned off and she must have gotten evicted because you can't find her at her apartment, and she has kids and just got out of a really bad relationship so you don't want to take her to court.... You could say that you hit someone's dog driving through a neighborhood and you felt horrible so you helped them pay for the emergency vet bills.

2009-01-16 12:39:36 by Ugogirl

Price: $0.99

I am constantly being called by two companies, Global Credit Card and Debt Management Service, these two companies constantly ring me and offer me Credit Cards solutions to help me get out of debt. Now when I wish to enquire about the company, such as the name of the person that I am speaking to, where they are based, a website, a contact telephone number I am told that they do not need to give me that information. Now I don’t know about you guys if you are getting the same kind of nuisance as me but I really want to get these guys caught. Last time I was sucked in, I was offered a pre approved £4000 credit card, when with my credit history I can’t even get a £1000 credit card. So I ask them how can they approve me already, how do they know my details on how they can approve me, I get the response that I am chosen from a selected few to receive this 5 year anniversary offer. Okay so basically I was told that with £2 I can have the pack sent out to me, so I thought why not see what they can offer me, soon as I gave them my details I had £12 taken out of my account. Now the only bit of information that I was given about the company is that they’re on Cleveland Road in London I wouldn’t take that information 100% accurate. They also interrogate you to pay a monthly fee to charity where the person will tell you that you don’t have to contribute, I didn’t want to contribute but this conversation went on for about 20 minutes on the phone as to why I don’t want to pay them and all I got was the vibe that I’m not going anywhere until you pay us the amount.

If you refuse to speak to them once, they will ring you back.

If you offered them your details and they took extra money out and you can’t do nothing about it well they will ring you back under a different company name.

Global Credit Card & Debt Management Services are FRAUD companies.

I repeat they are companies who are doing fraud. Do not give them any information, slowly, slowly they will build up the details of your home, email, work history. With this information they can do anything. Immediately if you think you have been effected change your card, call the report it missing or stolen line at the back of the card and check your statements.

If anything the name of the company will appear on your statement under this name CALLEMATICS LTD. The address for the company is CALLEMATICS LIMITED, 74 Cleveland Street, LONDON, W1T 6NA. But I fear this will only be the name of the company which provides its call centre information

If you have any experiences with this company, please state here.

this company also stung my wife and i for £20, as luck would have it, we decided to check with our credit card provider within the hour, and got our cards cancelled and new cards issued, but we still got hammered for the above amount.
to google callematics you find it is a non-contactable company, who seem to be a foreign call centre, should we hold them responsible for the fraud on my cards????

2009-03-31 11:53:10 by est1984

i just registered in a company and they set up a monthly payment with a total a lot less than my current credit card debt. they asked me to start payment right away also stop to pay credit card bills. after several month they would negotiate with credit card companies and i should not worry about those bills any more. sounds too good to be true?

There is a real risk of being taken to court and having your wages garnished with these types of programs. If you don't want to take that risk, then cancel the program ASAP....and cancel any checking account that you gave them access to debit money from your account.

Debt consolidation is a risky tactic of deliberately ceasing all payments to creditors and forcing your accounts into default to attempt settlements. You pay a monthly fee to a debt consolidator....this entire fee goes towards building a settlement account and to the consolidator's fees to “settle” your accounts in the future. Your credit card companies will deliberately not be paid so that all the accounts will default/charge-off so that they can attempt settlements at around 50%. If you are current on your accounts, this process will ruin your credit rating for sure. You can never predict how your creditors will respond to the deliberate defaulting of your accounts...they might settle at 50%...or they might serve you a summons, take you to court...and if they win, you could be looking at wage garnishment.

None of these “debt consolidation” firms have the power to force your creditors to accept settlements. Your creditors have the right to refuse these terms and take you to court.

A better option is entering a Debt Management Plan (DMP) with a non-profit credit counselor like CCCS (Consumer Credit Counseling Services). They can negotiate lower payments and interest rates. They do not negotiate settlements.

They will require you to stop using all credit and to cut up your cards. Your credit report will be updated to "enrolled in debt management." This does not damage your credit, but it may make it impossible to obtain new credit while you are enrolled in their program....so don't use this service if you anticipate applying for a new apartment, car loan or mortgage anytime soon, as you would probably be denied while you're enrolled in the CCCS debt management program.... Otherwise, it can be a very good way to deal with your debt.

2009-04-07 17:52:35 by mei