Help with stolen ATM card.

Ok this story is about as crazy as my House Calling Loan Shark mess..I babysit a friend's baby (gives me a little bit extra cash) well, with all my mess, the friend I babysit for had a friend who needed a babysitter...so I take care of her kid too. Well, I don't know this person well, but she seems nice...but I heard from my friend that her roommate stole her atm and not only cleaned it out, but overdrafted it very bad. She is more then 2k in the hole and had no way to pay bills, rent, food..she was broke (this happened right after her check was deposited for the month).

I suggested she report this to the bank and to the police. Well, apparently she went to the police but they told her that since she had at one time allowed her to use the card and gave her the pin, that it was her fault and that there is nothing she can do. Apparently since she one time, a couple months ago, allowed the roommate to use the card and gave her the pin, that now she has no rights if the roommate used it AGAIN.

I can't believe this would be the case...the police must be wrong...but who else would she talk to? Her bank has taken the same stance...they don't care if she did not allow it THIS time, since she allowed it once, she is out of luck and owes the money (not to mention that she doesn't have a dollar bill to her name right now).

Is there anyone else she can appeal to? Wouldn't his be considered ID Theft at the least? That would be like this roommate taking money out of her purse because she gave the roommate money at one time...it isn't right..but she is at a lost as to where to go now.

Any suggestions?

how does one time compare to the other?the card was stolen this time.i would file charges against the roomate and go from there.until there is action against the roomate the banks or police will treat it as when she used it before.by the way did your friend mention this to the police or the banks?how did they know this woman used the card before.anyhow she should press charges and demand her arrest.SHE STOLE THE CARD!!!!!!!!make the police see that.there is a difference.

That is what I thought as well, but she said the police absolutely refused to do anything about it. I don't know how they knew she allowed it at one time, I assume that they asked and she told them. But I agree, how can one time be the same as before? I let people into my house and watch my TV all the time...if they come back and steal my TV that is still theft!

Maybe she has to simply insist she file charges..I have never filed charges against someone so I don't know how that would work..can you demand it? The gist of what I got is she tried and they wouldn't let her file charges.

then she needs to speak to a different officer or officer's.take to a sargent if need be.even the chief if necessary.that is ridiculous.did she speak to the manger of the bank?if not i would.i refuse to believe this person can steal an ATM card and do what they did without penalty.

I agree with paul. Did she report the card stolen w/ her bank? That would be another step. When I reported mine lost, they asked me if all my current charges were correct.

sorry, I have bad news for you....if you give 'em your pin once...thats permission. I know it's not right..but that's how the cops see it...been there, done it.

However, call the bank asap and say it was stolen and you don't know by who...etc...etc...they will reverse some of the charges...if not all of them. The key is to report it to the bank ASAP.

But yea...cops consider once permission, always permisson....it's silly...but less paperwork for them.

okay,in this case the cops suck.now let's focus on the bank.there should be no reason they can't do anything.that is garbage.you mean they can't cancel that card and issue a new card with new PIN and all.i would speak to the manager on that.

the bank should be able to verify with the card holder her last purchases...

and they should be able to immediately cut off any transactions from being made. Cause all you need for online trans is the complete card number, ex date and the 3 digit number in the back...simple.

The bank should refund any "stolen" funds. I think Visa debit cards have automatic coverage on stuff like this....but your bank policy should be specific. She will more than likely have to fill out a bank report about the card situation...keep a copy...I can't stress that enough...just in case.

Then also that the new card have new numbers...etc. Like I said...all you need is the numbers off the card...not the card itself. You can even make force purchases on those little swipey machines with those numbers...no card needed....

I would ask for an account manager at the bank to handle this...those little teller girls aren't experienced in handling these situations....

exactly sphere.if she goes to the manager she should be able to get that done.

okay I think this is why if you give your permission they don't do anything...it would be too easy for person #a to give person #b permission to use card..it would later be too easy for person # b to purchase and person # a say's "I only said they could use the card one time..it wasn't me!" but person # a could have this exact purchase from person #b sitting in their house..Fact somone I dealt with claimed fraud on a purchase and said other person had no right to use card after the first time..Fact.. items were confiscated from house of person #a who claimed the fraud and they spent 6 months in jail and had to pay restitution plus court costs...this may not apply to case above but if you give that person permission to use the card how is bank or retailer NOW responsible because suddenly the person "no longer has permission to use the card?" And how does law enforcement dertermine fraud or liars and theives involved in trying to steal something? If the person op referred to gave roomate her pin she is responsible for debts incurred she needs to honor them...BUT she can take room mate to court and sue for recovery if in fact room mate commited a crime

PAULANGEL????????YOU SAID_______okay,in this case the cops suck. PAUL? They are just following facts they have in the case? Hope they dont suck if you ever have to dial 911!!!!!!!!!!!!!!!!!!!!!!!They have to follow the law paul and if it sucks that they do that sorry?

to the police but they told her that since she had at one time allowed her to use the card and gave her the pin, that it was her fault and that there is nothing she can do------she can sue the person she gave permission to use the card..it is her fault and there might be sokme sort of fraud and denial of debt that op is habitually involved with ? op does not pay debt obligations but wants others on debt consolidation site to honor theris? very freakin strange? I aint payin or honorin nuthin just like the op and others who support her/him????????

Sheesh if I rolled my eyes any further they would roll right away.

I just love how some people simply can't read.....wow, a few comments about this being me just not honoring my debts? Hello dumbass, this isn't even me..someone I know as I said in the very first post, if you can even read that is.

Besides...where do these people all get the idea I don't honor my debts? I am refusing payment on ONE debt and all of a sudden I am a habitual debt dodger?

This just goes to further prove that collectors and people with a collector's mentality apparently don't have very good reading comprehension skills.

to both guests.yes they do suck.basically this friend stole this ATM card and racked thousands in charges.just because one time this friend used it before they won't let her press charges.that does suck.by the way this thread is about a friend of goldenbast's.have your facts before posting please.

It almost sounds like an estoppel. By giving permission the first time, that stops you from filing a lawsuit if it happened again illegally.

I am just thinking of it reverse from this. If a creditor tells a debtor in writing that a debt is forgiven, they cannot turn around and sue the debtor for that debt later on. If they do it can be defended by estoppel and the case dismissed with prejudice.


Just my thoughts, what do you think?