kennpalm

Wallet lost, forgot about one debit card

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Please advise:

1. Lost my wallet in January, 2006

2. theives charged up my cards

3. I cancelled all cards, except for one debit card (forgot about it!)

4. Foolishly did not file a police report

5. Bank notified me of account balance, but my mail wasn't forwarded to me by a relative

6. Bank charged off

In general, I understand that it's my irresponsibilty on steps 1, 4 and 5 that put me in this bind. At the same time, I hope that I can jump on the identity theft bandwagon to get my butt out of the sling for this $200 charge off.

Also, my understanding is that after 60 days I am technically responsible for any fraudulent charges on a debit card. Does that mean that I don't qualify for deletion? I know I need to pay the money, but maybe the event still qualifies as identity theft under FACTA?

Thanks,

Kenn

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It’s good that it’s only $200.

Getting a police report is always a good idea. Especially with identify theft issues with banks that can get you arrested.

Debit cards are covered under regulation E (electronic funds transfer act).

Yes the debt becomes yours 60 days after you would have gotten your statement. No I don’t think you can call the bank charge off identity theft after the fact. No you are not eligible for deletion. Yes the bank could have and can have a warrant issued for your arrest and have your but tossed in the county jail. Yes the bank can go to court and try to get a judgment against you.

http://www.bankersonline.com/regs/205/205.html

http://www4.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15_10_41_20_VI.html

If it were me I would write the CEO if the bank and offer 100% of the debt for deletion of the account and include a copy of the police report.

I would carry a copy of the police report on my person until the debt is extinguished.

If you use a debt settlement letter to pay off the account I would follow up later on and make sure that the debt is extinguished. I would also carry a copy of the debt settlement latter on my person.

The time the bank has to take action against you will be the statuette of limitation determined by state law.

In the future you should give serious consideration to never ever having a debit card of any kind.

http://www.cardreport.com/laws/statute-of-limitations.html

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Well, I was pretty persistant on this one. The CA was just useless. They lied to me every time I called - telling me that I missed my opportunity to dispute, that they cannot delete since it's paid, that my situation doesn't qualify as identity theft, etc, etc. Also, I tried to work through the fraud department at the bank. Round and round she goes - same result every time! Finally, I got smart and called customer service and asked for the supervisor responsible for charged off accounts. A couple of transfers later and I was speaking to someone with a heart and mind. 5 days later I got both a deletion and a refund on the money paid!!!

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