06-05-2008, 10:48 AM
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Senior Member
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Join Date: Nov 2006
Posts: 1,432
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Quote:
Originally Posted by lnevill
Hello everyone, I'm excited that there is some kind of help for us broke people . Don't know really how this works so I will do my best to make things clear, but I really need help and quick.
I live in the state of tx. My mother gave me verbal permission to apply over the internet for two credit cards and put me as an additional card holder. It was agreed that the bills would be sent here so that her husband wouldn't find out about it, and I promised I wouldn't let anything bad go on her credit.
My Mother had received both credit cards by mail from me, and has used both of them. She is ticked off about the balances right now, and is now claiming fraud, even though she had authorized me to get them and use them, and she used them. I've never dealt with this before and I don't know where to begin dealing with it. All I know is the cards were not received fraudelently. She was on the phone with me and gave me her information, which is the only reason I had it. She lives in michigan and I live in tx.
Again she received the two cards in her name and has used both of them. I only have the two with my name on them, off of her account. I also used my credit cards from her account in front of her. So, could she actually file claim charges on me, if there really wasnt any fraud committed? I have a one year old daughter and a good job right now. I can't afford to lose all of this cuz she went wacky. Oh and I have been making the payment for the charges that I accrued on the cards. Will that matter at all? Please, please helpt me.
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First of all, let me clarify that this site is not a substitute for legal counsel.
That being said, I don't understand how it is fraudulent, especially if your name is on the account and you are an authorized user with cards in your own name. With whom does she say she is going to file fraud charges? The credit card company? I don't know how she could do that. However, if she is fraudulently using your address as her own, then there may be some cause for concern--not between the two of you, but between you and the CC Company because you provided intentionally misleading information to them.
Where does the bill go? It comes to you with her name on it? Did you overcharge the spending limit or accrue unreasonable charges?
Did you have an agreement to pay and are now stiffing her on the bill? If so, she has a cause of action against you in small claims court ( depending on the amount) --not for fraud ( which is a criminal offense) but civilly.
Unless there is something you omitted, she has no grounds for fraud since your name is on the account. Now, if she actually doesn't have cards in her name and you opened the account without her knowledge, and have been using cards in her name, then she could bring a cause of action against you. But, if what you are saying is true, you are an authorized user and she has no grounds against you for fraud.
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