topic Re: Touchy situation I'm in. Need some advice in Bankruptcy

Touchy situation I'm in. Need some advice

Anonymous — Thu, 03 Sep 2015 04:10:25 GMT

Ok so here goes. So I filed chapter 7.. 07/12/13. At this time I had a CC with a 4000 limit and it was through my step mom's bank that she is the president of and has been for 25 years. So her and my dad were trying to make me reaffirm the debt and not add it to my bankruptcy. Well after a few days of arguing I told them to bad my lawyer said not to and I was taking his advice and adding it. So my bankruptcy was discharge 10/26/13. I didn't pull reports cause I wasn't real worried about credit at the time I lost everything my house my wife all but my dogs..

So here is where it gets really messed up. So over the last year and half I have been rebuilding my credit have several CCs and a auto loan. My available revolving credit card is up to 9,000 and I have a balance of 900.00 so my debt ratio is always 10% have never missed one payment since I filed I have 94 out 94 payments made on time 100% perfect payment history with TU & EQ and my EXP shows 91.7. So I do some digging and pull credit reports and figure out the problem.

So my step mom never closed my CC that we argued about and was making payments on the card and had late payments from 11/2013 to 3/2014. For one this card should of been closed. So I dig further and log back in to that CC acount and she or my father have changed the address for all the bills to go to there house and have been using my card. From what I can see as of now one of them has made several cash advances I'm talking 1000.00 to 3500.00 in some months. So far I total it up to be around 24,000 in cash advances over the last 21 months. They have also been making payments on the card as they go. All the cash advances are done through her bank. The reason I caught was all of the sudden my credit utilization jumped from 10% to 44% and my revolving credit only on exprian was 13,000 but I was carrying a balance of 5500.00.

So my question is what the heck do I do? I'm getting everything printed off all the statements and taking screen shots of the info on my online CC account. I changed all my sign in info today so she or him could know as soon as tomorrow that I know. I'm just not sure what to do. They have really broke the law and I'm sure could possibly do some jail time over this. I honestly feel like taking everything I have ever and saying pay off my truck and rite me a check for 20,000 and get the late payments off my report and we're all good.

The thing is my dad makes around 150,000 a year and my step mom probably a tad more then that. They have no house payment car payment nothing they live very well. So I have no clue as to why theyes could be doing this outside of something illegal and using my name to cover them.. so please anyone that can give me some advice Pease speak up. Thanks

Re: Touchy situation I'm in. Need some advice

CH-7-Mission-Accomplished — Thu, 03 Sep 2015 04:26:59 GMT

Wow. This is truly amazing.

I think you need to confront them with the information you have. It is possible that there has been some kind of ID theft, so I would be nice while asking them if they know anything about it. If they say they don't, tell them you are filing a police report and turning over all the information to the cops.

What makes zero sense about them using your card in this way (taking advances and running up 20K in new charges) is that together they make 300K. They certainly don't need your credit card cash advances to fund their lifestyle. And I worked in banking for 10 years, and bankers, especially banking executives are conservative. They throw the word "prudent" around a lot (which drives me nuts).

So please report back what you find out, but something here just doesn't add up. I could understand if somehow your step mom wanted to just pay off your card so her son's name didn't appear on a bankruptcy notice to her bank, but I do not understand your parents running up cash advances on your cards -- or making the payments late, either.

Re: Touchy situation I'm in. Need some advice

Anonymous — Thu, 03 Sep 2015 04:39:16 GMT

I totally agree with you. They do not need the money at all... That's what leads me to think it something being done illegally.. The only problem with identity theft is they wouldn't be making the payments and clearing the balance and doing it all over again. There is 20 cash advances all made at the bank she runs. It's a small credit union of only 2 branches and she is president over both branches.

Another thing I have done is I can relate some of the cash advances to times I know she was going out of town. Like this June for Father's day my parents my brother and his wife & kid and my sister and husband and kid and all 3 of my kids which are adults 21 21 and 20 went on vacation I was not invited. 3 days before they left there was a cash advance done for 3000.00 then it was paid off the next month. Another time she was going to Vegas in April and there was a cash advance for 2500 made a few days before she left. Im just completely baffled by all of this. Since you were in banking what is a MCC# it's a 4 digit number and it's the same for every transaction cash advances and payments. The account is also set up on auto pay for the same time every month..

Re: Touchy situation I'm in. Need some advice

Anonymous — Thu, 03 Sep 2015 04:40:30 GMT

I don't know why that is yellow and has success I'm new to this site. But there is no succes.

Re: Touchy situation I'm in. Need some advice

Anonymous — Thu, 03 Sep 2015 16:30:42 GMT

My two cents:

It is Friendly Fraud. My family had a simular situation with my sister posing as my mom. Credit line, credit card advances, and depleted her IRA (most was done online). Where it gets weird is she did it over many years (watch out for that one as 2 years is typically all you can recoup monitary wise. Atleast in WA).

What we had to do: Have a hard conversation with her (in which she denied everything). Call the police (this was really hard on my mom), file a report with police and FTC for identity fraud. Work with detective on progress and in face visits to get paperwork from the banks. Pressure banks to comply (my sister posed in person at the bank as my 70 yr old mom) who let her commit some of the fraud.

Result: My sister was charged and prosecuted for fraud. She was forced to do restitution. We do not talk as she immediately started the same behaviors with the next victim.

You can chose your friends but family is another thing. It comes down to the truth (you credit suffered due to someone else and you will face issues with this). Are you willing to prosecute?

All the best to you whatever you decide to do. I will say my mom does not regret taking action against my sister. As the FTC and the detective said.. they always do it again if someone does not stand up.

Good luck!

Re: Touchy situation I'm in. Need some advice

Anonymous — Thu, 03 Sep 2015 16:38:45 GMT

@Anonymous wrote:
Ok so here goes. So I filed chapter 7.. 07/12/13. At this time I had a CC with a 4000 limit and it was through my step mom's bank that she is the president of and has been for 25 years. So her and my dad were trying to make me reaffirm the debt and not add it to my bankruptcy. Well after a few days of arguing I told them to bad my lawyer said not to and I was taking his advice and adding it. So my bankruptcy was discharge 10/26/13. I didn't pull reports cause I wasn't real worried about credit at the time I lost everything my house my wife all but my dogs..

So here is where it gets really messed up. So over the last year and half I have been rebuilding my credit have several CCs and a auto loan. My available revolving credit card is up to 9,000 and I have a balance of 900.00 so my debt ratio is always 10% have never missed one payment since I filed I have 94 out 94 payments made on time 100% perfect payment history with TU & EQ and my EXP shows 91.7. So I do some digging and pull credit reports and figure out the problem.

So my step mom never closed my CC that we argued about and was making payments on the card and had late payments from 11/2013 to 3/2014. For one this card should of been closed. So I dig further and log back in to that CC acount and she or my father have changed the address for all the bills to go to there house and have been using my card. From what I can see as of now one of them has made several cash advances I'm talking 1000.00 to 3500.00 in some months. So far I total it up to be around 24,000 in cash advances over the last 21 months. They have also been making payments on the card as they go. All the cash advances are done through her bank. The reason I caught was all of the sudden my credit utilization jumped from 10% to 44% and my revolving credit only on exprian was 13,000 but I was carrying a balance of 5500.00.

So my question is what the heck do I do? I'm getting everything printed off all the statements and taking screen shots of the info on my online CC account. I changed all my sign in info today so she or him could know as soon as tomorrow that I know. I'm just not sure what to do. They have really broke the law and I'm sure could possibly do some jail time over this. I honestly feel like taking everything I have ever and saying pay off my truck and rite me a check for 20,000 and get the late payments off my report and we're all good.

The thing is my dad makes around 150,000 a year and my step mom probably a tad more then that. They have no house payment car payment nothing they live very well. So I have no clue as to why theyes could be doing this outside of something illegal and using my name to cover them.. so please anyone that can give me some advice Pease speak up. Thanks

I don't know what you'll really be able to do about the late payments, but I'd talk to them and say you need this paid off ASAP. It sounds like they make enough $ and it shouldn't be a problem. Then make sure the card is canceled and move on.

Being that it's family, I'd try to resolve without the law and just suck up the lates that occurred and move on. But if you encounter any issues, you could certainly fight it at the expense of straining your family relationship.

Re: Touchy situation I'm in. Need some advice

ojefferyo — Thu, 03 Sep 2015 16:49:41 GMT

Wow that's a bad situation to be in. I'm going to guess that they are living beyond their means to be doing cash advance to go on these vacations. I would confront them about this ASAP.

Re: Touchy situation I'm in. Need some advice

Anonymous — Thu, 03 Sep 2015 19:01:37 GMT

They are not as another posted stated she is CEO of the 2 branches. They are tight arses.. They have no debt what so ever. House is paid for cars paid for. And they live a very modest lifestyle. I've made jokes with my father how he retired from his job after 35 years and is now 62 and working as a Forman for heavy highway making 35 a hr and putting 60 70 hrs a week. With his pension and income I'm guessing he clears around 12000 to 14000 a month. But for instance still drives a 2008 trailblazer. So I tell him keep puthing the cash away I will have a nice nest egg when he passes..

I was up till 4:30 this morning trying to figure out all these and codes and stuff. For the mm out part I did figure them out.

A little up date I was wrong about the credit union there is only 2 branches in the town they live in. But there is several in the state. My step mom is CEO and board of trust president.

Annual salary is just. The range of salary for there branch is 378,000 for 5 board members like ceo vp head loan officer and a couple others. Which all of them are long time friends of the family. So basically my step mom has put them all in good positions. The yearly bonuses are 300,000. The credit union reports profit of 12 million a year. This is what I dug up.

I also have after more digging on my account that some cash advances were made for 3500.00 and then paid rite back in full like a week later. Then some are not. They are paid lime 500 twice a month or whatever. The auto pay is set up with my checking account but I show no history on my online banking.

I'm telling you this whole this is rather crazy to me. Gonna call my bankruptcy attorney now. See what he says.

I have been diligent working all night to get everything printed and screenshots taken. My GF is head of account recovery for a major collection company so she is also saving this go to her hard drive for me. She said in 18 years she has never saw anything like this.

Re: Touchy situation I'm in. Need some advice

Anonymous — Fri, 04 Sep 2015 19:10:57 GMT

Well i am still unsure of what to do. after talking with 2 attorneys they both adviced me to report the card as fraud on all 3 credit bureus and to file a report with local law enforcemant and to call the FTC and file a report. After they looked at all of my evidence they said that it looks like its my step mom. They also said she has covered tracks very well and it looks like it has been me doing all of this. The only things i have are the copys of everything and that she changed my address to hers. Other than that My chapter 7 shows it was included and the account went late the very next month after discharge and all of this started after my chapter 7 and that only the bank had the power to leave the card open. That no judge in the world would leave a unsecured CC open as reaff..

They aslo said she is very smart cause she has been doing everything just fedral tax reporting limits. So now i have sat here for a day talked to family members about this and been sick to my stomach havent selpt hardley have ate very little just dont even know what to do.. Cause once i start the ball rolling its out of my hands. Its gonna completly turn there world upside down.. I was truly hoping i would get more advice from this forum but i guess this is such a unique situation not many have been through it before. But like stated if anyone has anything to say or add by all means please do. Thanks

Re: Touchy situation I'm in. Need some advice

mynameainttracy — Fri, 04 Sep 2015 20:13:19 GMT

You really need to find a way to talk to your step mom about this before you go to any authorities. You can always go to them later if you can't get resolution but you can't undo what might happen if you don't at least give her a chance to come clean.

Re: Touchy situation I'm in. Need some advice

Anonymous — Fri, 04 Sep 2015 20:21:13 GMT

Unless I'm missing something, I don't understand why you aren't just asking your parents to pay this off (they seem to have the $) closing the account and being done with it.

Seems like you're going in circles doing everything but the obvious to me . . . .

Re: Touchy situation I'm in. Need some advice

Anonymous — Fri, 04 Sep 2015 20:33:12 GMT

@Anonymous wrote:
Unless I'm missing something, I don't understand why you aren't just asking your parents to pay this off (they seem to have the $) closing the account and being done with it.

Seems like you're going in circles doing everything but the obvious to me . . . .

+1 to this ...

If you don't think they'll own up to it, I would confront them indirectly. Tell them you pulled your reports and you think someone stole your identity. They will come clean with a plan to pay off the debt, or not take any ownership of it and then you'll know exactly where you stand.

Re: Touchy situation I'm in. Need some advice

smitty1 — Fri, 04 Sep 2015 20:43:33 GMT

+2. I would flat out ask your step mom and dad what they are doing with that account. If you don't get the answers you need, then tell them you are going to take the next step. I seems to me, too, that you are stepping around getting the truth from the horses mouth, so to speak. Talk to your parents!

Re: Touchy situation I'm in. Need some advice

Anonymous — Sat, 05 Sep 2015 02:12:26 GMT

Its a real bummer what you have going on but you just need to confront them in the most civil way possible. If in fact, its not her and someone else, you wont want to be coming at her sideways.

(Phish head myself, 40+ shows, 2 festivals, IT and coventry)

Re: Touchy situation I'm in. Need some advice

Anonymous — Sat, 05 Sep 2015 02:49:48 GMT

I totally understand you guys saying just confront them. The problem i have with that is i do not have much of a leg to stand as to prove it wasnt me. I went and talked to another lady tonight at the bank i bank at now. I showed her everything so i could be sure that if i did confront her would she be able to get rid of the eviedence other then what i have printed and saved. My main concern is the fact that she is the CEO and could just make everything disapear and i be left with my pecker in my hand.

So basically after she looked at everything she said i need to go to the teller at the branch that her office is not in and get 2 years of print outs of my savings and checking accounts. She also said that anythime a cash advance is done they scan your ID and a signature is required. So i was like ok well would if she just didnt do that cause obivislouly she could. And she said that if the bank got auditted she would have to show proof of the transactions. So that made feel a little better. The only thing that worrys me is would if she has a ID with my picture and has signed my name. She said it was possiable but couldnt really say anymore as far as that goes. she did explain every code that is on the transactions and the only that was very odd to her other then the fact it looks like i have been doing this is the fact that every transaction is labled as a payment and not a debit. She did say to confront her though. So i get back home and im going over everything i have evrer done at the bank just to make sure i have all my ducks in a row. So i will go get them statements tommorow and then try and figure how to go about confronting her.

So in total i have 27 cash advances over a 23 month span totaling 33,800.00 dollars. I know you all are like confront her its easier said then done its not like i am just confronting my stepmom its also the confront the CEO of the bank & that scares me. I am so worried that this **bleep** will end up some how getting blamed on me.

As far as phish goes been going since 1995 88 shows 3 fests BIG Cypress fest 8 and Magana and im going the island shows in janaury.

Re: Touchy situation I'm in. Need some advice

mynameainttracy — Sat, 05 Sep 2015 09:35:16 GMT

Is there a balance on the account right now? What is it you want, the lates removed? If you don't want to confront her then go close the account and see what happens. Otherwise go to the police or whoever and be prepared for the fallout. Talking to them is really your easiest option here.

Re: Touchy situation I'm in. Need some advice

Anonymous — Sat, 05 Sep 2015 14:54:58 GMT

Well, like you said whats there to be blamed on you? The account has been paid back, right? Is there someone else at the bank that you could speak to that you could hold confidence in?

Re: Touchy situation I'm in. Need some advice

ojefferyo — Sat, 05 Sep 2015 22:37:33 GMT

If they are making that kind of money why would they need to do a cash advance of a few thousand? It just doesn't make any sense to me. Something just doesn't add up at all.

Re: Touchy situation I'm in. Need some advice

Anonymous — Sat, 05 Sep 2015 22:54:52 GMT

Look this is not really about my CC and the 5 late pays and the balance. Yes they are effecting me cause every backdoor # I ha e called for credit limit increases I get asked about the account.

What I'm worried about is the fact that she is using my account to embezzle money fraud the bank. It looks like I am The one doing it. Everyone keeps looking the little simple picture of close the card problem solved.

Well after talking to the attorneys and going over what I have it is basically covering my ass if she is embezzling money stealing money. All of the paper trail leads to me. I have a criminal record been to prison before and **bleep**. She is a pillar of the bank so basically it would be my word against hers. And what little evidence I have.

So say I go and talk to her she closes said account bank gets audited and they find this or anything else she may be doing. So they come straight to me cause it looks like I am doing it. I say no its my step mom they are gonna be like was this not reported when you found all of this out. I say well I didn't want her to get into trouble bam now im a accessorie or what ever they can come up with.

This all boils down to is she doing this **bleep** to others has she figured out a way to steal from the bank? It happens all the time folks CEO going to jail or people I. Government go to jail for embezzling money. She has been the CEO for over 30 years so maybe it just got to tempting for her.. whatever it may be. Do I really want to gamble with taking a chance of getting caught up in all this because I didn't go to the police and report fraud. So please don't act like this is just a simple case of going and talking to my step mom. Cause it's not that simple. Not trying sound like a ass. Just really stressed on what I should do.

Last thing I will say is anyone I have showed all of the statements and stuff I have to has said go to the police cause it looks like she is definitely stealing from the bank and using me as a fall guy.

Re: Touchy situation I'm in. Need some advice

Anonymous — Sat, 05 Sep 2015 22:59:01 GMT

Bingo.... It doesn't to anyone else either not one person. This exactly why I ha e been told to report it. Cause it seriously looks like there is allot more going on. Serious stuff.