Touchy situation I'm in. Need some advice

[Anonymous]

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

[CH-7-Mission-Accomplished]

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.

[Anonymous]

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..

[Anonymous]

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

[Anonymous]

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!

[Anonymous]

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@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

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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.

[ojefferyo]

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. 

[Anonymous]

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.

[Anonymous]

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

[mynameainttracy]

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.