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#1 |
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Green Member
Join Date: Nov 2009
Location: Canada
Posts: 1
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Hello,
I’ve got a case that I’m sure this has happened before. Back in February of 2009, my now ex-girlfriend use my credit card to enroll on an online game website. I was told by her that it was only for enrollment and I would be charged unless she purchased games. Shortly after this we broke up and we went our separate ways. Before I delve into the issue I’ll give you a short background. When we dated she lived in England. I travel for a living and frequented England quite often while residing in Canada. The website in which she used my credit card for supposed “enrollment purposes” is a legitimate American company based on the west coast of the United States somewhere. I subscribe to online billing with this credit. I don’t see a list of the charges unless I chose to download the statement. Normally, I see the amount owing and I pay without question. If I had only checked February’s bill I could have caught the problem before it became one. Now it’s November and I’ve recently sifted through my bills only to find a reoccurring charge from this website which I’ve never visited. It turns out there was no reason for a credit card outside of full fledge enrollment and monthly billing. If she liked she could have had the membership cancelled prior to one month without penalty but she never did - she just left it. She says she never used the website but after consulting with a customer service agent for the website they said they were unable to confirm activity as they don’t keep track of it. I was never able to cancel this through the website nor was ever sent any bills because the username was under my ex’s email address. Therefore, I didn’t have access. In the meantime, I’ve had the membership cancelled. They said they would return one month’s billing. However, at this point I’m still stuck with 200.00 in charges spanning 10 months. I’ve called my ex to have her explain why she hadn’t cancelled the membership which her reply was she thought she had and that she didn’t use it and it’s my fault for not checking my bills. I realize I’m partly to blame for allowing her to use my card but I believe it was under false security. My question is do I have a legal case here? Can I ask her for the money to pay for this? Is this fraud? Under which country law would I refer to? |
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#2 |
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Centurion Member
![]() Join Date: Jun 2008
Location: Where the smog from the 101 freeway coats my home's windows...
Posts: 634
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When she first enrolled in this "service" from this website, were you guys together? If she enrolled when you guys were together, then she was an authorized user on the account (as you said she was) so you would be held responsible, because the purchase decision (the auto-enrollment) was made when you guys were still together.
You may be able to hold her accountable in small claims court but that's no guarantee due to the above. I know losing $200 is still a lot, but is it worth going to court for?
__________________
“It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently.” -Warren Buffett Current Cards: American Express: Blue Cash, Simply Cash Bank of America: Visa Financial Rewards Platinum Plus Chase: Rewards Visa, Amazon Visa Discover: More Current Everyday Card: American Express Blue Cash |
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#3 |
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Green Member
Join Date: Nov 2009
Location: Canada
Posts: 1
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Hmm,
But I was told by her that i wouldnt be charged anything unless she purchased games. I was never given access to this account because it was under her email. Therefore i never recived notifications from this website nor was i aware that there was even a renewing subscription. Basically, I'm saying that I was lied to. I broke up with her that day. In fact, I left that evening. I'm also trying alternate methods of getting my money back. I've called the billing company in question. I'm getting nothing but he run around from them also. They keep giving me regerence numbers that lead to nowhere ...very fishy... frustrated... |
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#4 |
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Centurion Member
![]() Join Date: Sep 2009
Location: Arizona
Posts: 113
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I agree. You gave her permission to use it. You are responsible to both the games company and the bank for all the charges.
Morally and ethically I would say she is responsible to you for most or all of the charges made even if by mistake. But that is an issue of negotiation between you two. I doubt you would win in court, not because you are legally wrong but because courts don't like to get involved in stuff like that. And there is also the issue that you should have known you were being charged in February. You do have an obligation to review your bills promptly. Surprisingly, I think you ex gf has a strong case in her statement that you should have known because you had access to teh bills while she did not. You should have known about the charges. She had no obligation to know about them because she did not have access to the bill. I think you have every right to ask her to pay you back but I think your legal case is fairly weak. If she refuses to pay, just chalk this up to $200 for a life lesson you learned. |
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#5 |
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Centurion Member
![]() Join Date: Apr 2008
Location: the edge of the world
Posts: 417
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I agree with the above.
She is wrong for what she did but you are going to be held responsible. Considering the amount it's not worth the fight. Let go and move on. |
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#6 | |
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Centurion Member
![]() Join Date: Sep 2008
Location: US
Posts: 189
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Quote:
__________________
Intellectuals solve problems. Geniuses prevent them. - Albert Einstein 1879-1955 |
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#7 |
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Platinum Member
![]() Join Date: Apr 2009
Location: Texas
Posts: 98
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divert this conversation and antagonize at least some people. IMO one should never, ever comingle one's finances with a boy/girlfriend, significant other, fiancee, even spouse. You had your own liabilities, assets, etc. prior to meeting your partner and so did he/she. If it was working prior, why risk screwing it up. If it wasn't working, mixing your mess with someone else's isn't going to fix it. No one should be allowed to get married without a prenup, and disposition of major joint assets, like a house, in the event of separation should be decided at time of the couple's union or the asset's purchase. Happy Valentine's Day.
Feel free to rage at me now. |
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#8 | |
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Centurion Member
![]() Join Date: Sep 2009
Location: Arizona
Posts: 113
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Quote:
My wife and I have been married for almost 20 years and were living together for a few years before that. We still keep largely separate finance. Most things are in joint accounts for legal/estate reasons but she has hers in practice and I have mine. We go through each bill and identify hers and mine then pay the bill with two checks (or online transfers now). It really is better to keep thing sseparate for practical reasons. It has nothing to do with your committment to each other. Heck, you probably have separate tooth brushes, separate clothes, etc. Why not have separate accounts? Given that money is one of teh top 2 reasons for splitting up, separate accounts just might save your relationship. Regarding a prenupt, I agree that everyone shoul dhave one. But their effectiveness is still questionable. While they are legally valid, it does no good for things you acquire after getting married which is often most of what people have. |
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#9 |
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Centurion Member
![]() Join Date: Apr 2008
Location: Zuma
Posts: 456
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This just sounds like an all around crappy situation that you need to just forget about. It's not worth fighting over it and draining your energy to do so.
The marriage stuff and pre-nups I only partially agree with. If you question your spouse so much maybe you shouldn't be getting married in the first place? People rush into marriage way too fast.
__________________
OBAMA Stop talking crap about him and give him a chance! |
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