Problem... if any lawyers on here I could use some advice!

Category: Let's talk

Post 1 by TheFlyingSlimJim (Veteran Zoner) on Saturday, 11-Jul-2009 23:30:21

I have a major problem that occured this past week and I need to know if I have a sase against this particular person our not. So this is the story...

About three to four months ago my sister, her boyfriend, and a live in friend of theirs wanted cable that included DVR boxes in order to get the boxes the company asks for a credit/debt card on file so if they don't get the boxes back when you shut off your service or get shut off due to not paying the bill they get the boxes back. Well my sister asked if they could use my card to get this she said no money would be taken out of my account I told her no because if they didn't get the boxes in then I would get the money for the boxes taken out my account. So she then told me its only temporary they just needed me to put my card on the account for a few days because Jason the live in friend had just set up a bank account and will get a debt card in the mail. She said once he gets his card will switch the card number from yours to his... I kept telling her no but she eventually talked me into it....

So anyway a few days later he got his card in the mail both me and my sister asked if he called the cable company and switched the cards and he told us both that he had indeed switched the account to his debt card. Come to find out last week he LIED because I got charged $1,100 because they didn't turn in the boxes when the service was disconnected. I called the company and told them that he didn't have permission to use my card and that I wanted that money refunded to back to my card. They of course refused to give all of it back! once the company got the boxes back they gave me a partially credit of $754. They kept $346 which is the amount of their bill. The company told me if I wanted that money back then I needed to get it from him~

So I called him and he refuses to answer the phone so I left a message telling him how much he owed me and that I was giving him 3 to 4 days to respond to the message or I was going to take legal action. So 30 minutes later he has is granny call me and she told me to go ahead and try to sue him because I wouldn't get a dime anyway because he is filling for bankruptcy.


My question in all of this is Do you think I have a case with this? I did give him initial permission with the assumption that the cards had been switched. So after he said that he had switched the cards he no longer had my permission right?

Post 2 by laced-unlaced (Account disabled) on Sunday, 12-Jul-2009 5:28:46

hey. :).

i'm not a lawyer, but i know of one on here. if he does not see the boards (as i'm not sure he checks often) i'll pass your message on to him.

his name is law lord if you want to private message him first. :)

hope this helps.

Post 3 by Texas Shawn (The cute, cuddley, little furr ball) on Sunday, 12-Jul-2009 5:50:15

One of lifes little lessons.

Don't ever lone people money unless you are prepaired to not get it back!

Post 4 by chelslicious (like it or not, I'm gonna say what I mean. all the time.) on Sunday, 12-Jul-2009 12:09:36

ditto to the last poster.

Post 5 by wildebrew (We promised the world we'd tame it, what were we hoping for?) on Sunday, 12-Jul-2009 13:06:58

You are not going to get that money back I think. A lawyer would cost you wayyy more than $300 and the case is not big enough for any type of court except small claims court. You can file a small claims court suit against him and it'll cost you $75, you present your case before a judge, he is summonned and your case will be heard. They have the power to issue judgements you could use to have his sallary taken until the debt is paid.
It does sound though like you have a very weak case, nothing is written, you have to have people sign a written contract on anything related to money, otherwise you can't proof you had conditions on them using your card, they'll argue against you.
So $300 lost I'm afraid, and never ever ever give people your credit card info for anything, it's a fact, sad but true, people will either use you deliberately or something can happen and if your card is on file you'll bear the brunt of it.
cheers
-B

Post 6 by missdanceralicia (Zone BBS Addict) on Sunday, 12-Jul-2009 21:16:06

wwell if one says no and someone else doesnt listen than the person who asked should have not asked. sorry but the girl who decided to cave in should have gotten the money back. plus never lie about things like that when dealing with money!! and if you say your going to switch credit cards after couple of days then listen. dont lie and to keep the money coming out of the person whos helping you for only couple of days to post one. post five i think they could prove it because she would have gotten bills from the company telling her aboout what shes being paying for. when shes already stated for coupld of days. there me dones haha

Post 7 by Big Pawed Bear (letting his paws be his guide.) on Monday, 13-Jul-2009 2:57:12

sorry, but if you give your card to anyone you're a fool. sorry, lesson learned the hard way here i think.

Post 8 by missdanceralicia (Zone BBS Addict) on Tuesday, 14-Jul-2009 22:41:38

well if she has the records of the documents of the cable of the company and she has evidence than she should but it can be hard hmm

Post 9 by missdanceralicia (Zone BBS Addict) on Tuesday, 14-Jul-2009 22:50:09

plus you could have a sited person to look at the bills and to see what ones that the person who decided it would be oh kk to um take longer on the business deals. heres my question to post one did you keep a record of everything?

Post 10 by turricane (happiness and change are choices ) on Wednesday, 15-Jul-2009 6:51:17

you might be able to have the credit card company go after him. they have a fraud division. i doubt they can do anything but it is worth a phone call to find out....

Post 11 by BigDogDaddy (Help me, I'm stuck to my chair!) on Wednesday, 15-Jul-2009 10:37:25

Typically credit card companies will side with their customers. If you did indeed pay with a CC rather than a debit card, call your card companies billing dispute department and dispute the charge. It is a process and usually takes about 2 to 3 months to remedy but there is a slight possibility that they can do something.

Post 12 by missdanceralicia (Zone BBS Addict) on Wednesday, 15-Jul-2009 21:21:50

no exactly if you have documents that you didnt pay them. and you had a document that states that the person who has the agreement. you just have to have documents that will high light the thing that is shouldnt be part of it when there was an agreement with one party. who ever lied in this part should be in trouble for lying in the first place for saying they had got it worked out and then it works out after all. ohk i am done hehe

Post 13 by Chris N (I just keep on posting!) on Wednesday, 15-Jul-2009 22:22:08

I agree with the "one of life's lessons" comments. You'll probably spend more time/effort/whatever than is worth $300 trying to fix this.

Post 14 by TheFlyingSlimJim (Veteran Zoner) on Thursday, 16-Jul-2009 2:03:21

Ok, first yes I KNOW it was incredibly dumb to agree to letting them use my card to get it started but I genuiely thought he'd change the cards. but instead he lied and cost me that money.

I want to do something about it mostly because the NIGHT this money was taken out of my account Jason my sisters friend who did this to me told my sisters BF that I would be mad at him.... when John the BF asked him why we stated "well because I never switched the cards and the cable company is getting ready to charge her account... and then he laughed about it" So basically he KNEW it was going to happen ad did nothing to stop it he thnks its funny all a little game.

I'd love to be able to charge him for fraud or aleast take him to court to get it back yes it may be worthless to do it because It will take the time and effort then its really worth but atleast it will teach the little ass that stealing from somepne isn't funny.

Post 15 by missdanceralicia (Zone BBS Addict) on Saturday, 18-Jul-2009 12:21:05

well if you want to take him to court then you have all the documents that show he didnt do what he was suppose to do then you would be covered and that you would have a agreement of a contract or something and shows that his payments are on your bill. well tell your friend its not funny and that he needs to learn that he cant do that.

Post 16 by shea (number one pulse checking chicky) on Saturday, 18-Jul-2009 18:13:03

lol i think your sis should be paying you back because your not going to get anything fromt his guy. after all it's her friend and she talked you into doing it. . lol it was stupidity on your part. so your going to have to deal with it. never loan anything your not willing to lose out on. chances are it's never returned