Need help with multiple attempts to open a credit card in my name

Get credit card fraud help: For victims of credit card fraud and identity theft, and those that can help.
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Bukowski
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Need help with multiple attempts to open a credit card in my name

Postby Bukowski » Wed Nov 27, 2013 2:51 pm

I'll try to keep this short.

My wife has a restraining order against me so I can not go back to my house, nor can I get my mail. We are in the middle of a divorce.

A few days ago her mediator dropped our son of at my house for my visitation. She also gave me the diaper bag. In the diaper bag was some (but not nearly all) of my mail. In an unmarked envelope was a rejection letter for a Discover Card. The rejection was due to delinquency and derogatory public records or collection filed. My credit is very poor and I don't apply for credit cards. I called them and was told that an application was submitted in my name at the address on file, which is the address I am restrained from going to. I asked that if the card had been approved if the card would have been sent to the address I am restrained from and was told yes it would. The denial letter says, "Adding a joint applicant is quick and easy with the enclosed application form. Once approved, you will receiver your cards within 5-7 business days at the address on your application."

The only person whom I know would have my SSN, previous addresses, previous employment history, etc... is my wife.

I immediately contacted the credit bureaus and put a freeze on my credit. I have not filed a police report as my divorce attorney says we could attempt to use this as leverage in the custody battle.

Then today my son was dropped off at my house and again some, but not nearly all, of my mail was inside the diaper bag. There was another letter from Discover Card. It says, "we are unable to approve the Primary Applicant's request at this time for the following reason(s). UNABLE TO VERIFY CREDIT REFERENCES/APPLICATION INFORMATION.

I immediately called Discover Card. They told me that this application was a joint application and gave me the name of the joint applicant. I asked if the application was approved would one card go the the address I am restrained from and one card go to the joint applicant? I was told, no. That both cards would have been sent to the address I am restrained from.

We have locking mail boxes where I lived. I have one key, my wife has the other.

I did some internet snooping, I'm well versed in this because I worked as a skip tracer for many years. I located the joint applicant. He is an 83 year old man with one living relative, his sister. I have his address and phone number.

Now here are my questions and if anyone can answer them or point me in the right direction or even just give me advice I would greatly appreciate it.

1 - What information does Discover Card have to give me about the applications?
2 - I was told both credit cards, mine and the joint applicant's, would be sent to the address my wife lives at and I am restrained from. Am I wrong to assume that she is somehow involved?
3 - Should I contact the joint applicant and warn him that his information is being used to apply for credit cards and he should freeze his credit?

Thanks to anyone/everyone who can help me here.

Also I do not plan on doing anything until I can sit down with my lawyer on Monday and discuss the entire situation with him.

Hope everyone has a wonderful Thanksgiving!


Bukowski
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Postby Bukowski » Sat Dec 07, 2013 3:28 am

So another account was just attempted to be opened in my name. I am not going to post the details because I do not want to be identifiable online.

This forum was highly recommended but no one has responded. I would very much appreciate it if anyone had any advice.

MemberSince99
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Postby MemberSince99 » Sun Dec 08, 2013 8:32 pm

You need to talk with an attorney who specializes in this area. I doubt your divorce lawyer does. It would be like taking your transmission to a muffler shop.


Seems to me your to be ex is trying to use your credit to get money together, maybe for her own divorce lawyer or maybe just to screw you one last time on the way out the door, and by doing that I believe she is committing fraud if she's saying that the joint account holders are applying and is using their SSN and so on. I am pretty sure that is fraud. But I'm not a lawyer. I just can't see how if she is doing that it would not be a crime.


I believe that Discover should have to give you all relevant information about any application you are claimed to be a part of. I would insist they do so.


I would also contact a lawyer who specializes in credit and consult with him or her as to what your rights here are. You will want to get proof of what she's doing, but once you have that, I believe she will be in a world of ... dung should you choose to pursue it.


But I don't know enough about this particular subject to give you legal advice I will just say you need to get that information and bring it to a lawyer who knows or can find out the law regarding this kind of thing.


Regardless of whatever else happened, she doesn't have the right to do what she's doing. Assuming it's her and it sure sounds that way.

samhradh
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Postby samhradh » Sun Dec 08, 2013 8:45 pm

I think this is a great credit card forum. Maybe the best on the net. However, we are almost all amateurs and advising on credit cards is merely a hobby of ours.

I doubt any of the users have the kind of legal knowledge required to offer advice in this case. Speaking for myself, please do not take silence as lack of interest. Other than advising you to consult a lawyer I have no more to add.
Citi Forward ($10.1K), AmEx Blue Cash Everyday ($30K), Chase Freedom ($12.4K), Discover it ($5.5K), Barclaycard Arrival ($12.5K), L.L. Bean Visa ($5K). FICO 806 (TU), 812 (EQ), 806 (EX).

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djrez4
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Postby djrez4 » Sun Dec 08, 2013 9:21 pm

[RIGHT][size=100]- Sapphire Preferred - Freedom - Ink - Platinum - Everyday Preferred -[/size]
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DoingHomework
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Postby DoingHomework » Mon Dec 09, 2013 10:05 am

I'd turn the whole thing over to your lawyer even though he's not a specialist. This seems simple enough that any lawyer could deal with it and divorce lawyers routinely deal with financial issues anyway. I'm not an attorney but I do have some professional experience in negotiation. I can understand the desire to have a little bit of leverage for a major battle and to allow a relatively minor issue like her applying for credit for you to slide. I'm not saying it is ok. I'm just saying that if she continues to do it and you gather evidence against her then it might be easier to show she is a slimeball and win the custody battle then go back with court testimony or a deposition admitting these applications were fraudulent to get them removed and any damage repaired.

We once had a collector maliciously try to damage our credit after we got legal action taken against him for using illegal tactics to try to collect a debt from us that was never ours. The a-hole got in serious legal trouble because of us. And after we had proof of his fraud the credit agencies immediately (in less than 24 hours) and retroactively removed all the inquiries and derogatory marks he had put on. So it can be done regardless of what people say. But you might have to listen to your attorney and take a few body blows while he lets your wife pull out enough rope to hang herself.

Bukowski
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Postby Bukowski » Wed Dec 11, 2013 1:02 am

So the credit applications keep coming in. There are 6 now. All going back to her address. Two of them are for airline tickets which makes me fear that she is trying to flee the state with my son, which is felony kidnapping. That is a SERIOUS crime.

I have brought all this to the attention of my lawyer, who is excellent but is costing me a LOT of money. He has advised me to not let them know that I know that anything is going on. Like someone said, he said it too, give them the rope and they will hang themselves. His plan is to present them to her attorney, one at a time, and say we will press charges on this unless you agree 100% to our divorce decree and parental rights agreement. Then if they refuse, say, guess what, here is a 2nd one. If they say no, here is a 3rd one, do you get the point yet? Then a 4th one. Then a 5th one. He says it is important we save one of the fraudulent applications so I can press charges simply to protect my credit for 7 years. Also there is a chance that the prosecutor will actually pursue charges and that will do nothing but good for my custody case.

So I keep waiting. The 6th one arrived today. This 6th one, and the 5th one, are for airline tickets which makes me fear she is a flight risk and is going to try to leave the state and hide with my son. That is felony kidnapping but I have a real lawyer, who is costing me a lot of money, and she has a free state appointed lawyer... who doesn't appear to spend much time with her. My lawyer sent me an e-mail back, in all caps for the first time ever, about how he will get to the bottom of the attempts to purchase airline tickets in my name because if she is a flight risk he can take that to court and get me named as the custodial parent.

Thanks for all the responses. I don't know why it took so long for them all too appear but I really appreciate it.

I can't believe how much I'm spending on a lawyer though... I'm up to nearly $10,000 so far and we are just beginning this process. My wife is trying to drag it out as long as possible and my lawyer is trying to make it go by as quickly as possible. At least I can afford a top-flight lawyer while she has to depend on a free state appointed lawyer. I'm more than willing to spend my entire retirement account on this though. My son is too important to me. I didn't even mention that she is apparently abusing him and now there is an active investigation by DCFS (Division of Child and Family Services) case against her for child abuse. It's so hard to know that all I can do is notify them, send them the pictures (4 times it's happened), and just hope and pray he is safe.

And this all started because I found out she was cheating on me for basically our entire marriage, the birth of our son, and it never stopped.... :(

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Postby MemberSince99 » Thu Dec 12, 2013 6:39 am

In my opinion, only a fool or a lunatic would commit obvious fraud, that the government is willing to prosecute, AND which can be traced back to you as the source of it. I mean it's one thing to cook the books for your own bonus then blame accounting or consultants or someone who isn't with the company anymore (though if you do that stupidly you MIGHT get in some trouble...) they all do that....but trying to get credit in someone else's name, who knows you and where you live and all that, it's just insane.

Bukowski
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Postby Bukowski » Sun Dec 15, 2013 2:23 am

So now we are up to 5 credit cards attempted to be opened in my name. All with the cards going to my wife's address. All filed with the same phony gmail account, but different phone numbers. I have not attempted to call these phone numbers as I have yet to talk to an attorney.

I have called the joint applicant on the Discover Card and we spoke for a long time. His identity was stolen in October and the attempts to open credit in his name actually ended on the day that "someone" (probably my wife) attempted to use him as a joint applicant. His credit has been blocked. He has filed charges on all attempts but the charges are going nowhere.

I have decided, after much thought and consultation, and after discovering that my wife is abusing my child, that I am going to press charges fully. I have already contacted child protective services and they have decided to open a case against my wife but this will take forever to get anywhere, if it ever does. I want the police/district attorney to actually try to press the charges. It appears that for that to happen I need to do the work for them and hand them a case that they can just file on.

I know the cards are all going to my wife's address with locking mailboxes. I know that she knows my SSN and personal information. However, I would like to be able to have an expert track down the IP address of the computer that is accessing the gmail account and gather any information they can about that. I don't know if this means filing charges first and then subpenaing google to get the ip information or what. I would like to get the information before I file charges so that I can hand a complete case to the police.

I am also not sure what to do with the phone numbers. They are all landlines and appear to be in fake names but I'm not sure on this one. I have found real names of people that live in the cities that the phone numbers belong to but I somehow doubt they are involved.

My divorce attorney is not versed in this area and I am having a difficult time finding an attorney that specializes in attempting to get identity theft and credit card fraud prosecuted. I can find plenty of criminal defense attorneys though.

Should I go in for the initial, free, consultation with some defense attorneys and see if they can put together a case that the DA can just prosecute on? Is there any way to ensure, or pressure, the DA to actually prosecute the case? Or do I need to find a different, specific type of lawyer?

I will wait to hear back from you guys. As always I appreciate the help and support.

MemberSince99
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Postby MemberSince99 » Sun Dec 15, 2013 8:56 pm

Please see the link djrez4 posted above. That's a link to attorneys who specialize in this area. You will want to check that out.


Most of us here aren't lawyers and can't give you legal advice about this. We are just weirdos who get credit cards. I'm a programmer, myself, and me trying to give you legal advice is like letting most lawyers build a website - probably not going to work too well.


So I'd just like to repoint you back to that, and that is where the experts in this field reside. You might also want to Google identity theft attorney or some term like that and see what comes up maybe for your state.



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