Need attorney advice,cc fraud in FL

Discussion in 'Credit Talk' started by daisysunfl, Feb 14, 2004.

  1. daisysunfl

    daisysunfl Member

    I'm posting this, hoping to have the advice of an attorney. A FL atty if possible

    My grandfather allowed me to use his credit card on November 28, 2003 toward moving expenses &

    furniture, etc. We originally agreed that I would repay him for any charges incurred. We signed

    an agreement, with my mother as witness, on Nov 30 for $1,800 repayment on the credit card debt.

    Although not in the agreement, we agreed that if the c.c. debt was more than $1,800 I would repay

    the total amount charged. He said it was a "family matter" and that as long as I repaid him in

    full prior to April 30, 2004 he had "no problems". I had and still have NO intention of

    defrauding him or Mastercard.

    My mother became involved and certain events happened over the next two days. When I moved out, I

    chose not to have contact with her. She has not allowed me contact with my Grandfather since

    December 12, 2003. Talking with her over the phone, she asked when I would make my first payment.

    I told her about my paycheck dates and that I would make a payment the first week of January

    2004. The actual payment came in the third monday of Jan 2004. However....my Grandfather filed a

    police report on Jan 1, 2004 stating that I stole his credit card, wallet, and cash back on Nov

    28, 2003.

    Between the time when I returned my Grandfather's credit card (Nov 30, 2003) and when he reported

    it stolen to Mastercard first (approx Dec 20, 2003) my mother's two credit card balances were

    transferred to the card. This brought the debt to over $4,600. The charged I incurred were

    actually $2,560. Give or take a few 10 dollar bills. So my mother put her two credit cards totaling $1,900 onto the card. She also received a refund check from one of the paid off cards (which I have a photocopy of, thanks to a family member!) due to an accounting error and received more than she should have.
     
  2. daisysunfl

    daisysunfl Member

    here's the right post :)

    I'm posting this, hoping to have the advice of an attorney. A FL atty if possible

    My 87 year old Grandfather allowed me to use his credit card on November 28, 2003 toward moving expenses & furniture, etc. Iâ??m 27 years old. We originally agreed that I would repay him for any charges incurred. We signed an agreement, with my Mother as witness, on Nov 30 for $1,800 repayment on the credit card debt. I have an original of the agreement and he has a copy. Although not in the agreement, we agreed that if the c.c. debt was more than $1,800 I would repay the total amount charged. He said it was a "family matter" and that as long as I repaid him in full prior to April 30, 2004 he had "no problems". I had and still have NO intention of defrauding him or Mastercard.

    My 63 year old Mother became involved and certain events happened over the next two days. When I moved out, I chose not to have contact with her. She has not allowed me contact with my Grandfather since December 12, 2003. So I have talked with her, to be able to â??speakâ? with him. Talking with her over the phone, she asked when I would make my first payment. I told her about my paycheck dates and that I would make a payment the first week of January 2004. The actual payment came in the third Monday of Jan 2004. We continued speaking about the debt and life in general up until Jan 10, 2003. That is when I became aware of a police report.

    My Grandfather filed a police report on Jan 1, 2004 stating that I stole his credit card, wallet, and cash back on Nov 28, 2003. The police never contacted me, sent this to the D.A.'s office and it has been assigned to a prosecutor. Beyond this, I do not know where this is at, so to speak. The invest/D.A. date was Jan 29, 2003.

    Between the time when I gave back my Grandfather's credit card (Nov 30, 2003) and when he reported it stolen to Mastercard first (approx Dec 20, 2003) my mother's two credit card balances were transferred to the card. Those transferred occurred approx Dec 12 & Dec 14, 2003. This brought the debt to over $4,600. The charges I incurred were actually $2,560. Give or take a few 10 dollar bills. So my mother put her two credit cards totaling $1,900 onto the card. She also received a refund check from one of the paid off cards (which I have a photocopy of, thanks to a family member!) due to an accounting error and received more than she should have.

    I have made two payments of $125 each, directly to my Grandfather by mail. He cashed them both. I sent a demand letter to my mother, asking her to state for the record how much I really owed them. I mentioned nothing about the police, but suggested I would file a civil case. She returned the third check of $125 I had separately sent to my Grandfather, along with a note stating said I need not repay anymore of the loan. This was about three days after I mailed the letter CRRR. She said the loan was forgiven. I have not heard from my Grandfather and not tried to call him or her since about Jan 10, 2003.

    What is the best way to resolve this? I simply do not have the money to repay the $1,800, the additional $760, attorneys fees of $1,500 or more, and possibly my mother's two credit cards of $1,900. I could, but it would take several months. What I **can** do is repay the entire $2,560 immediately in cash. And I am quite worried about the D.A. having my mother's side of the story, since what she has said differs 180 degrees from what the facts are. My helpful family member has told me what she said to the police and D.A.

    Her motives are clear. She wants revenge. Luckily she has sent my threatening letters over the summer (I saved them all and made copies) and I feel that I should file a restraining order against her anyway, to keep her away from my boyfriend and daughter. She doesn't seem fazed by the fact that lying is a misdemeanor and could get her a fine and/or jail time.

    I want to repay my debt to my Grandfather and not ruin my career, life and familyâ??s life. When this is all over, I hope to never even hear my mother's name again in my entire life. This has been Hell!!

    Daisy
     
  3. jordanmorg

    jordanmorg Member

    I advice you to get a pocket recorder and record ALL communication concerning this situation. Every day when you get up, record the date into the tape and keep it in your car, next to the phone, etc. It sounds crazy, but I've been through crap like this and having the tape saved my butt in court. Get the kind of recorder that can record for 90+ minutes at a time and keep fresh tapes available so that you don't miss ANYTHING. Good luck.

    P.S. If you don't have it already, get a phone with caller ID.
     
  4. phinfan

    phinfan Well-Known Member

    Do you have a copy of the agreement paper that you and your Grandfather signed?
    How is your mother preventing you from talking to your Grandfather? Does he live with her?
     
  5. daisysunfl

    daisysunfl Member

    I have a signed copy of the agreement and my mother was a witness. Also, my mother takes care of my grandfather and so I believe that might be an interesting point to state. She has not allowed me to speak to him when I called or came by the house.
     
  6. sahlegian

    sahlegian Well-Known Member

    I advise you to get your story striaght. you already told this story once. and it has changed since the last time. I also advise you to not talk to ANYBODY!!! Give nobody any money. not mom, not grandpa, not anybody. If you do your fool. The police are not gonna wanna get involved in this nonsense, I sure wouldnt,
     
  7. sahlegian

    sahlegian Well-Known Member

    I advise you to get your story striaght. you already told this story once. and it has changed since the last time. I also advise you to not talk to ANYBODY!!! Give nobody any money. not mom, not grandpa, not anybody. If you do your fool. The police are not gonna wanna get involved in this nonsense, I sure wouldnt,
     
  8. daisysunfl

    daisysunfl Member

    sahlegian, my story has not changed ONE single bit since last time.
    Please find the differences between the two and note them here, if you feel that I have changed anything whatsoever.
    In fact, I simply summarized everything together so that creditneters could simply read one post for ALL the information. As for facts, I kept the emotional stuff to a minimum. Except the part about HELL ;)
     
  9. jenz

    jenz Well-Known Member

    wasn't this already discussed???
     
  10. daisysunfl

    daisysunfl Member

    I wanted to clarify and bring together all the points I had made before. Hope an attorney will give their point of view on things...
     

Share This Page