Bank is not cooperating in fraud investigation

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7 posts
ZRH
 
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Bank is not cooperating in fraud investigation

Postby ZRH » Tue Jan 14, 2014 5:13 am

This is about a debit card specifically but the issue I am having is similar to credit card related ones.

I'm not entirely sure where to start except at the beginning: I lost my wallet and canceled everything in it. It happened awhile ago and all I remember is that I kept asking the people I lived with if a new one came. I was stuck at home and not worried about anyone stealing it.

Going to try to summarize the next part:
  • I was in a shared living situation with immediate family.
  • I was in a very rural area so had no access to things like bank branches without a car (which I didnt have).
  • My bank had been bought out by another bank and all the access stuff was fubar, including statements.

I found a debit card with my name on it in someone else's belongings. I went bank branch because I couldn't get into the new bank's online banking system but it appeared someone had already set up a login with my information.

Went home, logged in, and saw dozens of charges that weren't mine. Called the bank, reported it, sorted out as many of the charges as I could until I got tired. They told me not to worry if I got a charge wrong or missed one because it would all be investigated. They didn't have a number for the fraud department, said they would contact me if they needed anything.

I decided that I would do a little digging because I was upset and there were 800 numbers on some of the charges. I called one of them got in touch with their billing department, got the name of the person on the account. It was one of my family members. I confronted them, they admitted that they took it, there is a record, the police say it's great evidence.

About a month and a half later, I tried to check on their progress. I told them about my suspicions. They cancelled the first claim I made, made a new one, attached all the information I had obtained (including a police report) to it.

Then I got a denial . The letter didnt specify what the denial was for so I called the branch. Branch couldn't figure out what was up and they decided to just resubmit it.

4 days ago they denied it again. I got a call earlier today, after practically begging customer service for help, from the fraud department. They said that they "think" I authorized this family member to use the card because:
  • they lived with me
  • this person made deposits of checks that were made out to me (this was routine because it was the easiest way of handling the split for household expenses, everyone hands the person going to town checks and that person drops them off at the counter.)
  • something about the timing of the charges

I have never, and would never, let anyone use any of my cards. Ever.

I am not sure how to proceed except by continuing to contact them. Advice would be appreciated.


MemberSince99
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Postby MemberSince99 » Tue Jan 14, 2014 3:37 pm

Sounds like a horrible situation.
What you are going to have to do here, if you truly want to protect yourself, is first of all cut this family member out of your financial life. They have shown they can't be trusted. You need that person out of your finances completely or you risk this happening again.
I'm not a lawyer and can't give you legal advice, but you should explain to the bank what you have told us. If they won't budge you will need legal help. I don't see any other way if the bank won't budge.
Beware if they have a binding arbitration clause. This seldom works out in the favor of the consumer from what I've read.

whit
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Postby whit » Tue Jan 14, 2014 3:41 pm

if your family member did this and not you

you have a police report to support that

go sue your family member

do you realize the bank cannot go after that family member? if you have the bank reimburse you out of their pockets or from the merchant for something your family member has admitted to doing

do you think that that's fair?

essentially the bank is saying you need to go after the criminal whom you know and have access to in small court

ZRH
 
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Postby ZRH » Tue Jan 14, 2014 7:56 pm

MemberSince99 wrote:Sounds like a horrible situation.
What you are going to have to do here, if you truly want to protect yourself, is first of all cut this family member out of your financial life. They have shown they can't be trusted. You need that person out of your finances completely or you risk this happening again.
I'm not a lawyer and can't give you legal advice, but you should explain to the bank what you have told us. If they won't budge you will need legal help. I don't see any other way if the bank won't budge.
Beware if they have a binding arbitration clause. This seldom works out in the favor of the consumer from what I've read.

I kicked them out the day I found out about it. They were never involved in my finances directly beyond what a roommate is. The only difference is that we shared a name.

ZRH
 
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Location: WI

Postby ZRH » Wed Jan 15, 2014 5:02 am

whit wrote:if your family member did this and not you

you have a police report to support that

go sue your family member

do you realize the bank cannot go after that family member? if you have the bank reimburse you out of their pockets or from the merchant for something your family member has admitted to doing

do you think that that's fair?

essentially the bank is saying you need to go after the criminal whom you know and have access to in small court

whit wrote:if your family member did this and not you

you have a police report to support that

go sue your family member

do you realize the bank cannot go after that family member? if you have the bank reimburse you out of their pockets or from the merchant for something your family member has admitted to doing

do you think that that's fair?

essentially the bank is saying you need to go after the criminal whom you know and have access to in small court

They have fled.

Some of the items purchased (such as an insurance policy and an automobile) should have been verified with a driver's license or some form of ID, not an unsigned card in someone else's name. There was a basic lack of care in handling most of these transactions.

Tsar Chasm
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Postby Tsar Chasm » Mon Feb 17, 2014 1:19 pm

Not sure if it's an option (for several reasons), but if you press charges against the relative, I don't see how they could stick to their argument.

whit
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Postby whit » Mon Feb 17, 2014 2:41 pm

ZRH wrote:They have fled.

Some of the items purchased (such as an insurance policy and an automobile) should have been verified with a driver's license or some form of ID, not an unsigned card in someone else's name. There was a basic lack of care in handling most of these transactions.


lack of handling would be on the merchant side not checking ID, how does the bank do that??

still need to go after them , ask around, they must have left a paper trail, address forwarding, etc



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