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  1. #1
    Join Date
    Jun 2012
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    6

    Default Can a Closed-Account/Expired Debit Card Be Charged

    My question involves collection proceedings in the State of: California
    Let me start by saying this is an embarrasing story.
    So last night I was on a website that I had not used in years. To register for the website I had to provide credit card details, so I used a bank account(two years ago) in order to gain access to the site. When I got on the site last night, I used a feature that required money(which I mistook for a free service). This morning I came to find that the website wanted to charge me 650$ for the service. They already had the information that my card was expired, but still allowed me to use the service, even though my card was 2 years expired. Should I be held liable, even though you need a card to use the site in the first place, and they knew that my card was invalid(and in fact the account was closed a year ago in May.)? I was unaware that I was even being charged, and they knew my card was invalid anyway... Shouldn't I have been blocked from using the service in the first place? Thank you in advance

  2. #2
    Join Date
    Jan 2006
    Posts
    25,822

    Default Re: Can a Closed-Account/Expired Debit Card Be Charged

    so, how can they charge you if the card you used was not a valid card?

    Oh, btw, it is obvious you do not have to have a valid credit card to use the site as evidenced by what happened but regardless, the fact the card was expired does not cause the charges you incurred to be invalid
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,624

    Default Re: Can a Closed-Account/Expired Debit Card Be Charged

    Depending upon why and how the account was closed, it's possible for the financial institution to reopen the account based on new activity.

  4. #4
    Join Date
    Jun 2012
    Posts
    6

    Default Re: Can a Closed-Account/Expired Debit Card Be Charged

    In order to become a member of the site, you need to provide a valid credit card. It has since expired, but I was still able to login with my username and password. The account was closed manually by choice, because it was a local bank, and I ended up moving. All charges were declined, and I have contacted the institution to inquire of any activity, nothing yet. What are the chances of the institution re-opening my account? Thanks for your answers, much appreciated.

  5. #5
    Join Date
    Jan 2006
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    25,822

    Default Re: Can a Closed-Account/Expired Debit Card Be Charged

    zpartain;624420]In order to become a member of the site, you need to provide a valid credit card. It has since expired, but I was still able to login with my username and password
    .to become a member you must present a valid credit card. You were already a member evidenced by you having a username and password so the validity of the credit card is irrelevant.

    . What are the chances of the institution re-opening my account? Thanks for your answers, much appreciated.
    regardless of the account being reopened or not, you are liable for charges you authorized.


    How were you contacted and a demand for payment made?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6
    Join Date
    Jun 2012
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    6

    Default Re: Can a Closed-Account/Expired Debit Card Be Charged

    My only rebuttal, is that in the court of law, they have to prove that you knowingly broke the law. Now ignorance is not an excuse because i understand the law, but the fact that I was unaware of being charged, and I have not had an active bank account for two years, shows that i obviously had no intent to make any financial transactions with anyone via-credit card. I am just wondering if there are any loopholes that can be found. This is not my intent to scam anybody and get free services, but my intent to prove that a business takes advantage of any possible profit regardless of peoples ability to pay abill, until after the fact, when the person is already indebted. I really had no idea I was being charged, otherwise I would willingly suck it up and pay the bill. I would appreciate any help that could be offered. Thank you for your patience and attention.

    - - - Updated - - -

    In retrospect, there has been no law broken on my part. I just want to know why they can charge an expired credit card, from a cancelled bank account, when in the grocery store they realize you have an expired card, and ask for alternative payment before making the transaction. I have no intention of charging anything to a card that is expired from an account that was closed over a year ago.

  7. #7
    Join Date
    Jan 2006
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    25,822

    Default Re: Can a Closed-Account/Expired Debit Card Be Charged

    zpartain;624552]My only rebuttal, is that in the court of law, they have to prove that you knowingly broke the law.
    what does this situation have to do with a requirement for a criminal prosecution? and btw: they do not have to prove you knowingly broke a law to convict yuo. Have you never heard: ignorance of the law is not an excuse?

    I think you might be referring to mens rea or having the intent to commit the act you did. That doesn't apply here either.


    Now ignorance is not an excuse because i understand the law, but the fact that I was unaware of being charged, and I have not had an active bank account for two years, shows that i obviously had no intent to make any financial transactions with anyone via-credit card.
    or that you intended on using the service and not paying for it. Not accusing, just giving another and common reason for what happened here.

    but my intent to prove that a business takes advantage of any possible profit regardless of peoples ability to pay abill,
    well duh!!! where have you been for the last decade? How do you think our country is in the financial situation it is?




    .
    I have no intention of charging anything to a card that is expired from an account that was closed over a year ago.
    how do they know that?

    so, again, how were you made aware they are charging you $650?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  8. #8
    Join Date
    Sep 2005
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    Default Re: Can a Closed-Account/Expired Debit Card Be Charged

    We can't look at the site, as we don't know what it is, but if you purchased $650 worth of goods or services it seems extremely unlikely that you had no indication that you were doing so, or that the card you used to open your account would be charged.

  9. #9
    Join Date
    Jun 2012
    Posts
    6

    Default Re: Can a Closed-Account/Expired Debit Card Be Charged

    really i just wanted to know about them charging my expired card in a closed bank account. if i dont pay, it goes to collections and i have to deal with it from there. i hadnt been on the site in two years, i must have missed the fine print on the free section, compared to the premium section. it was a momentary lapse of perception, and didnt realized i was being charged, mainly because i havent had a bank account to charge anything to in two years. i guess they will have to just bill it to me some other way.thank you for your help.

    - - - Updated - - -

    also, i was made aware that they were charging me because when i logged back in after midnight, it said i could not get on the site because my card was declined. i didnt know that a card was involved, so i talked to their customer service, who was of little service at all. they were however happy to inform that i had racked up a 600 dollar bill. they said they would keep trying to get the money, and they didnt know when/if collection services would be involved. just trying to find the legal standpoint of not allowing me on the site because of a declined card, but allowing me on with expired. i wish they would have just declined me in the first place.

    - - - Updated - - -

    the only law being broken would be using an expired card, receiving a service, and not paying for it. basically i can just expect to hear from collections.

  10. #10
    Join Date
    Jan 2006
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    25,822

    Default Re: Can a Closed-Account/Expired Debit Card Be Charged

    zpartain;624572]really i just wanted to know about them charging my expired card in a closed bank account. if i dont pay, it goes to collections and i have to deal with it from there. i hadnt been on the site in two years, i must have missed the fine print on the free section, compared to the premium section. it was a momentary lapse of perception, and didnt realized i was being charged, mainly because i havent had a bank account to charge anything to in two years. i guess they will have to just bill it to me some other way.thank you for your help.
    or contact the police and charge you with fraud as well as chasing you down for the money through the civil process.
    -

    also, i was made aware that they were charging me because when i logged back in after midnight, it said i could not get on the site because my card was declined. i didnt know that a card was involved, so i talked to their customer service, who was of little service at all. they were however happy to inform that i had racked up a 600 dollar bill. they said they would keep trying to get the money, and they didnt know when/if collection services would be involved. just trying to find the legal standpoint of not allowing me on the site because of a declined card, but allowing me on with expired. i wish they would have just declined me in the first place.
    them allowing you on the site due to your CC having expired is not a defense available to you.



    the only law being broken would be using an expired card, receiving a service, and not paying for it. basically i can just expect to hear from collections.
    well, no.

    If they argue you knowingly used an expired card that there was an attempt to obtain services by fraud. That can be considered to be a crime if accepted. I don't know the specifics of your interaction and what you saw so I cannot say if that is a valid argument for them or not.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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