Fraudulent Credit Card Charges

My question involves personal finance in the State of: Oregon

My boyfriend was with his ex girlfriend for approximately 4 years, ending in 2011. My boyfriend recently discovered that towards the end of their relationship, his ex opened a Discover credit card in his name. She was the secondary member on the credit card. She had all of the statements sent to her address, and my boyfriend never knew he had an account. Within a year, the ex moved back to North Carolina (from Oregon, where we live) and had all statements sent to her new address. My boyfriend was only aware of the charges, totalling more than 7000 dollars, about 4 months ago; when he checked his credit report in preparation for a possible home loan. Calling the credit card company, he was told that he was ultimately responsible for the charges. Anyone have any insight?

Has he called the police? That's the first step. After that, it'd be a good idea to know what he was told by the Police.

He has not. Do you know if he would need to file in NC (where it appears most of the charges were made) or in Oregon, where he lives?

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Quoting Star512

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He has not. Do you know if he would need to file in NC (where it appears most of the charges were made) or in Oregon, where he lives?

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Start with NC local police where the ex lives.

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Quoting Star512

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My question involves personal finance in the State of: Oregon

My boyfriend was with his ex girlfriend for approximately 4 years, ending in 2011. My boyfriend recently discovered that towards the end of their relationship, his ex opened a Discover credit card in his name. She was the secondary member on the credit card. She had all of the statements sent to her address, and my boyfriend never knew he had an account. Within a year, the ex moved back to North Carolina (from Oregon, where we live) and had all statements sent to her new address. My boyfriend was only aware of the charges, totalling more than 7000 dollars, about 4 months ago; when he checked his credit report in preparation for a possible home loan. Calling the credit card company, he was told that he was ultimately responsible for the charges. Anyone have any insight?

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I'll give you my insight. The story doesn't seem possible although I suppose it is plausible and here is why. Three years ago your boyfriend's ex applies for credit in boyfriend's name making her (using her real name) as the secondary cardholder. She has the statements sent to an address that is not your boyfriend's (although he is supposedly the applicant) but is her real address. Then she moves to NC and again changes the mailing address to her new address.

So when the CC company saw the disparity on the addresses they never called your boyfriend for confirmation that it was a legit application? Having a statement sent to an address other than the primary cardholder is a sure sign of fraud and CC companies are aware of this.

Your boyfriend did not get a phone call, a copy of a statement in the mail, or any other notification from the CC company for 3 years is your story. That can only mean that the girlfriend was maintaining the account and making payments but now there is a balance of $7,000 but that doesn't mean the account is in default. There has not been any attempt at collection or your boyfriend would have been served.

I don't know who ended the relationship but this saga (if true) suggests to me that your boyfriend did open that account for his then girlfriend. He found out about the 'fraud' 4 months ago and has done nothing. Why didn't he close the account when he found out? It is after all an account in his name.

If there is any truth to the story, I would contact the CC company and ask for all the statements and the application before I contacted any police. I wouldn't want your boyfriend getting in trouble for filing a false police report.

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Quoting budwad

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Three years ago your boyfriend's ex applies for credit in boyfriend's name making her (using her real name) as the secondary cardholder.

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No... this happened more like four or five years ago, when they were still living together:

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Quoting Star512

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My boyfriend recently discovered that towards the end of their relationship, his ex opened a Discover credit card in his name.

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Then, after they broke up, she apparently had the credit card company change the address on the credit card to hers such that -- from that point forward -- the bills went to her new home. It's not clear whether she and the boyfriend were living together at the time the account was opened.

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Quoting budwad

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He found out about the 'fraud' 4 months ago and has done nothing. Why didn't he close the account when he found out? It is after all an account in his name.

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I don't know the policies of this particular card, but I've heard people state that they have had credit card companies tell them that if they want to close an account they need to first pay off the balance. Still, even if there were some reason why he could not close the account, it would seem that he could remove an 'authorized signer' and ask for a new credit card number.

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Quoting Mr. Knowitall

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No... this happened more like four or five years ago, when they were still living together:

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Then the statements would have been sent to the boyfriends address. Yes? If it happened four or five years ago, then boyfriend was involved before the relationship went bad.

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Quoting Mr. Knowitall

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Then, after they broke up, she apparently had the credit card company change the address on the credit card to hers such that -- from that point forward -- the bills went to her new home. It's not clear whether she and the boyfriend were living together at the time the account was opened.

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Can't do that if you are not the primary cardholder.

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Quoting Mr. Knowitall

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I don't know the policies of this particular card, but I've heard people state that they have had credit card companies tell them that if they want to close an account they need to first pay off the balance. Still, even if there were some reason why he could not close the account, it would seem that he could remove an 'authorized signer' and ask for a new credit card number.

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You can still close the account to new transactions. The account will remain open until there is a zero balance and debt is satisfied.

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Quoting budwad

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Can't do that if you are not the primary cardholder.

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We were told that the boyfriend is the primary account holder.

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Quoting budwad

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You can still close the account to new transactions. The account will remain open until there is a zero balance and debt is satisfied.

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That's certainly within the power of a credit card company, but I've heard of credit card companies refusing to even do that much unless the balance is paid off.

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Quoting Mr. Knowitall

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We were told that the boyfriend is the primary account holder.

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Yes that is what we were told. And it would take the primary account holder to change the mailing address. That is why I think he had knowledge of the account despite the story we were told. I suspect that ex girlfriend said she would maintain the account when they broke up and that is why the address was changed.

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Quoting Mr. Knowitall

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That's certainly within the power of a credit card company, but I've heard of credit card companies refusing to even do that much unless the balance is paid off.

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This from Discover website:

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You may cancel your Account. You will remain responsible for any amount you owe us under this Agreement.
Any joint Accountholder may cancel a joint Account. However, both of you will remain responsible for paying all amounts owed.
We may cancel, suspend or not renew your Account at any time without notice.

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And also this:

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Joint Accounts

If your Account is a joint Account:
each of you agrees to be liable individually and jointly for the entire amount owed on the Account; and
any notice we mail to an address provided by either of you for the Account will serve as notice to both of you.

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I don't know if the account is joint or primary with additional card. That would make a difference. But why didn't boyfriend, 4 months ago, tell Discover to send him the statements or cancel the account. That is what a prudent person would do if you suspected fraud.

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Quoting budwad

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Yes that is what we were told. And it would take the primary account holder to change the mailing address. That is why I think he had knowledge of the account despite the story we were told. I suspect that ex girlfriend said she would maintain the account when they broke up and that is why the address was changed.

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It would not take the primary card holder to change the address, it would take someone stating/identifying themselves as the primary cardholder to change the address. When I recently moved I changed the address on my credit cards via the card websites, my significant other also knows my log in credentials and could have changed the address without my knowledge. Pretending to be the cardholder is really the crux of most credit card fraud, the exact crime the OP is asking about. It really isn't that far fetched.

I don't disagree. But who in right mind finds out about CC fraud and does nothing about it for 4 months?

Sorry, I will clarify:

1. They were living together when they were in a relationship. The card was opened in August of 2011 according to Discover. My boyfriend says he moved out in July or August but not sure of the exact date.

2. She knew all of his information and has admitted to opening the account without the boyfriend's knowledge. (To him, not the CC)

3. She had been making payments on time, every month, so it never went to collections.

4. The initial statement(s) went to the Oregon address but were then sent to NC when she moved.

5. My boyfriend took over the payments for two reasons. She is a crazy, vindictive person and c.f. would easily stop making payments in order to mess with him. He also wanted to cut all ties with her.

6. The account is closed and no charges can be made. She has had access removed from the account. He had to go so far as to disable internet access as she knows all his personal information and has reset passwords, etc. Anytime my boyfriend deals with Discover, he has to call them personally. And he added extra security, requiring a verbal password for access. And it's a random Vietnamese term so not one she will know ;)

This woman had a joint Costco account with the boyfriend. We removed her name from the account and replaced it with mine. She no longer had access. So imagine our surprise when we went shopping a few months later and the account was cancelled! Turns out, she yelled/charmed her way into the NC Cost c o into canceling the account. We ended up c a sling and having words with the manager in NC. Apparently she threw a HUGE fit and I don't know what else. It was enough for the manager to tell me that he remembered exactly who she was 3 months later and that he thought she was crazy.

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Personally, I would try to get the money back. My boyfriend is preferring to just pay it off, rather than risk seeing her/ having to have contact e with her again in any way. I have been trying to convince him otherwise, as the payments have begun taking a financial toll. (Hes made four large payments, trying to bring the balance down but it's still at just over 5000) So I thought I would post here to get some info and I can try to persuade him.

It was not fraud at all. Let him pay down the balance and close the account. And then ask why you got such a BS story from him. You must open your eyes.

Where are you getting the idea that the story changed, other than in the trivial details? The contention remains that the boyfriend didn't know that the account was opened.

Given the cohabitation at the time the account was opened, the passage of time since it was opened, the fact that your boyfriend has voluntarily assumed responsibility for the payments, and what would appear to be a miniscule chance that his ex- is going to state that she opened the account without his knowledge, even if we disregard the additional complications that arise from her living in another state it seems unlikely that the police or prosecutor would deem it a case worth pursuing. It also seems unlikely that Discover will reconsider its conclusion that it is your boyfriend's account, and thus his debt to pay off. He would know better than us, whether there's room to continue to try to persuade Discover that he isn't in fact the owner of the account. He can also consider suing his ex- for the money he pays to cover the debts, but that also involves interstate complications as well as the ultimate question of whether she could afford to pay a judgment even if she wanted to.

Mr. K, I get the notion that the story has changed from the initial post that this was CC fraud and the boyfriend knew nothing about it until he checked his credit report 4 months ago. I don't believe that and now OP has said that he did know about.

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. She had been making payments on time, every month, so it never went to collections.

4. The initial statement(s) went to the Oregon address but were then sent to NC when she moved.

5. My boyfriend took over the payments for two reasons. She is a crazy, vindictive person and c.f. would easily stop making payments in order to mess with him. He also wanted to cut all ties with her.

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The story seemed fishy to me from the start and I have no way of knowing what the boyfriend told his present girlfriend or why he told it to her. My posts are just my opinion based on the post of the OP.

I just don't think this is a case of CC fraud or the boyfriend would have done something about it when he found out about it 4 months ago. A prudent person would have contacted the police immediately and then contacted the credit reporting agencies, and then closed that account not take over the payments if it was indeed fraud.

I understand the disbelief and would feel the same myself if I hadn't been privy to their conversations. Voicemails, texts, emails, etc. When we found out about the credit card 4 months ago, he went into immediate damage control. There were other things going on as well. She was trying to sue him for a number of outlandish things. Or at least was threatening to. We tried to get a restraining order because she was messing with other accounts as well. Costco, water delivery, garbage.... things of no consequence to her. She would also call multiple times in a short period. We're talking 20 times in a span of 2-3 hours. We disconnected his phone and attached it to my account. She still somehow found his new number (via the water service we believe) and continues the same pattern. We're not able to get a restraining order however because she lives in another state. We'd have to literally KNOW she's here before anthing could be done.

When he talked to Discover about pursuing fraud (he opened a case with them), he was told that it was ultimately still his responsibility since the card was in his name. They neglected the fact that she fraudulently filled out his information and signed for the card in the first place.

Ultimately, I feel that it was his responsibility in the first place to monitor his credit score. If he would have caught this shortly after it happened, he would hve been able to close it down at that time.

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ETA - Discover did confirm that all charges were made using the card in HER name, and he never once used "his" card

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Quoting Star512

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When he talked to Discover about pursuing fraud (he opened a case with them), he was told that it was ultimately still his responsibility since the card was in his name. They neglected the fact that she fraudulently filled out his information and signed for the card in the first place.

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It's much more likely a question of whether he was willing to jump through the necessary hoops to substantiate his claim. If he wants to open an account to discuss what he was actually told by the account representative, he may do so.

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Quoting Star512

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- Discover did confirm that all charges were made using the card in HER name, and he never once used "his" card

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So now it is confirmed that he had a credit card in his name on his account. This definitely is not CC fraud. The entire post was bogus. I'm done here.

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Quoting Star512

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My question involves personal finance in the State of: Oregon

My boyfriend was with his ex girlfriend for approximately 4 years, ending in 2011. My boyfriend recently discovered that towards the end of their relationship, his ex opened a Discover credit card in his name. She was the secondary member on the credit card. She had all of the statements sent to her address, and my boyfriend never knew he had an account. Within a year, the ex moved back to North Carolina (from Oregon, where we live) and had all statements sent to her new address. My boyfriend was only aware of the charges, totalling more than 7000 dollars, about 4 months ago; when he checked his credit report in preparation for a possible home loan. Calling the credit card company, he was told that he was ultimately responsible for the charges. Anyone have any insight?

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While I don't think there is much we can do to help the OP since this is her boyfriend's problem, I don't see anything fishy about her story nor have any significant details changed.

Star, in a perfect world your boyfriend would report her actions to the police and sue her in civil court for the damages she caused. It sounds like she is an incredibly manipulative and vindictive person though, and your boyfriend may feel it's worth paying the debt himself to preserve his credit and avoid escalating things with a crazy person. Whatever he chooses to do I wish you both the best.

The bottom line here is apparently 4 months ago boyfriend decided he would pay account off. He legally assumed responsibility the minute he made the first payment on it so a declaration of fraud is out now.

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Quoting budwad

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So now it is confirmed that he had a credit card in his name on his account. This definitely is not CC fraud. The entire post was bogus. I'm done here.

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I'm sorry for not being totally clear. Not trying to withhold anything. When the card was opened, two cards were issued. One in his name and one in hers. The statements AND cards were sent to her addresses. He never physically held a credit card nor a statement.

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Quoting NOT Elvis

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While I don't think there is much we can do to help the OP since this is her boyfriend's problem, I don't see anything fishy about her story nor have any significant details changed.

Star, in a perfect world your boyfriend would report her actions to the police and sue her in civil court for the damages she caused. It sounds like she is an incredibly manipulative and vindictive person though, and your boyfriend may feel it's worth paying the debt himself to preserve his credit and avoid escalating things with a crazy person. Whatever he chooses to do I wish you both the best.

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That's kind of the point. He's much nicer than I am. If it was MY money/credit card, I'd do everything I could to get my money back. As we want to get a home soon, he's paying off the debt so his credit has NO CHANCE of being ruined. I'm trying to convince him to pursue it further but trying to figure out what we would need to do.

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Quoting Star512

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5. My boyfriend took over the payments for two reasons. She is a crazy, vindictive person and c.f. would easily stop making payments in order to mess with him. He also wanted to cut all ties with her.

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Once he took over payments, he may well have forfeited any legitimate claim to fraud as he essentially legitimized the matter and made it a civil issue as opposed to a criminal one. Making a criminal case, now, might be impossible ... depending on the law where he or she lives - and jurisdiction may be dodgy.