Help with stolen ATM card.

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?

This is really crazy! However now since the police are not really being of much help, what I would suggest is go to a lawyer. I understand the lawyer may not be able to do much in this case, but a notice sent by a lawyer may at least create some fear in her mind. Once this is done she could approach for a friendly settlement and see if it work that way.

is there anyway she can take this to small claims as stolen money? like i know she cannot file this under criminal but could she under a civil court? i knew about the law with giving someone your pin (i knew someone that happened to and she was out of luck!) but maybe she could take them to small claims court? and i agree with paul, it is a stupid rule/law - if you give someone a house key it does not mean you can steal everything so why is this different? i know the officers are doing their job (i came from a police family) but still..

If you can prove it then yes you can take her to small claims court as long as you don't go over the limit for court.

At this point it is the same as giving someone a loan and not repaying you. It is also the same as you keeping your money in a draw and you tell your friend where it is and they take it.


Give Judge Judy a call, she would tear her apart.

"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."

somone name paul said this but one time friend? excuse me?====you don't give a one time friend access to your card and let them know the pin number--if you give anyone permission and access to that you are responsible and it is not a police matter but a small claims matter if you dispute charges you say you later did not authorize--my take is do not give anyone your pin or access to any of your cards unless you are willing to take full financial repsonsiblity later !!!! that might SUCK aka PAUL? but police are NOT responsible for having to sort out all the drama and lies by the way (mostly lies)--the courts do that don't they? That is waht they are there for person gave someone permission to use card and they abused the permission and now that sucks? Where is the accountabiltiy on person giving permission to said person? In court if they indeed abused it? yes or no Paul?

AGREE EMPHATICALLY WITH GUEST OPINION ABOVE--VERY GOOD POST ABOVE NO ONE SUCKS WHEN THEY ARE FOLLING THE LAW GIVEN? THEY JUST HAVE TO FOLLOW THE LAW AND PERSON WHO FEELS VIOLATED NEEDS TO FOLLOW UP WITH DUE PROCESS EVERYONE WANTS TO BLAME SOMEONE ELSE FOR THEIR PROBLEMS AND MISTAKES MADE? TAKE IT TO COURT IF SOMEONE USED CARD THAT YOU GAVE THEM PIN AND ALLOWED TO USE..IT MIGHT SUCK THAT THEY WERE NOT A TRUE FRIEND BUT YOU MADE A MISTAKE TRUSTING THEM AND NOW NEED TO TAKE TO COURT VERY SIMPLE STOP THE DRAMA SUCKS ABOVE IT DOESN'T SUCK COMMON SENSE I THINK IS NEVER A SUCKING MATTER?

I fully agree..but one little minor detail seems to escape the guest posters....this post is not about me, but someone I know. I think it was stupid to give her atm to her roommate..I sweat even letting one of my kids have use of it.

Unfortunately I think she is stuck with this sucky situation, unless she pursues it aggressively through court and such, which I don't think she intends to do.

But I remembered something from when I was a teenager....my best friend was dumped by her boyfriend on Valentine's Day.....she was very upset, then very angry....then she got even. She had his atm card and the pin was her birthday...she cleaned him out.

He tried to go to the cops..nothing ever happened to her that I recall....his mom called her mom but nothing ever came of that either....

So I guess the lesson here is to never, ever let anyone use your atm card ever, because apparently it gives them carte blanche to go on a shopping spree with said card, no permission needed.

I AGREE BUT NO ONE SUCKS BECAUSE THEY SAY THAT COPS SUCK BECAUSE THEY WILL NOT PROSECUTE WHEN SOMONE DID SRONG BY ALLOWING SOMEONE UNLIMITED ACCESS TO THEIR CARD AND THEN CRIES WULF?

take them to court if you indeed have facts and a case--- I think that is what the real question was waaay above?----if you can prove the accusations it will prevail in court!

I guess it's who you can trust goldenbast. One of my girlfriends who when I first met her hardly knew me and needed me to go to the store for her. She gave me her ATM card and pin number to take money out for her. She had well over $30,000 in the bank from when she was in Kuwait. I could have cleaned her out but I am not that kind of person. I would also probably have to deal with her father and one of his many guns,lol.

I tell her all the time be careful who she has that uses that ATM for her and she doesn't listen. She has other guy friends besides me and some of them I wouldn't give them monopoly money to borrow.

Well the trouble is she gave her roommate the card once, that was not 'unlimited use' and as for 'crying wolf' what would you do if you let someone use your card once, then weeks later this person got into your purse without your knowledge and took your atm card and cleaned it out?

Personally I think it should be a crime, just because you let someone use it once shouldn't give them the right to use it any time they want....nothing else works like this? Example:

you lend your car to a friend. A week later they steal your car. They will be charged with theft....so what is different in these situations? Nothing.

there is a huge difference I think,.....no one should have your pin number on your ATM unless you TRUST THEM ALWAYS to have full access to your account...you shouldn't let someone use a card once and then say "OH NO!!!" The person will only have to prove that they did not make purchases and did not benefit or have anything to do with the products purchased a simple dispute would be in order but they will have to go to court and "friend no longer" will indeed be prosecuted
my feelings on the above post is that STRANGERS AND HACKERS AND THEIVES are out there doing everything they can trying to access your account ..lending a car to a friend is in NO WAY in my opinion the same as GIVING A FRIEND your pin number and unlimited access to your BANK ACCOUNT? What is different in these situations is that after you have given that so called friend unlimited access to your bank account you have to PROVE that they STOLE SOMETHING FROM YOU??? And Goldenrod? why do you think it should be different? It is in my opinion a very different situation if your car is stolen VS. someone you have given your pin number and FULL ACCESS to your bank account making a purchase that you (your friend AUTHORIZED and said it was okay for them to do so WTH????)

I still say that giving someone your atm card so they can go purchase something ONE TIME is -not- giving them full, unrestricted access. I still think the car example was good, but here is another:

Someone goes to the store for you, you tell them to take 5 bucks out of your purse. A few weeks later that same someone decides to get into your purse again and this time takes every bit of cash on hand. How could you say this is not stealing? It is...and so is using someone's atm card without permission, even if you let them use it one time before.

But we should likely just agree to disagree.

Were it me, I would be fighting this tooth and nail every step of the way, I would not take no for an answer from the cops...you can make a report on anything...and if that didn't work you can bet I would be hauling her butt to court.

I do agree with your analogy somewhat===="Someone goes to the store for you, you tell them to take 5 bucks out of your purse. A few weeks later that same someone decides to get into your purse again and this time takes every bit of cash on hand. How could you say this is not stealing?"

Well you originally gave them permission to get in your purse and in a sense placed yourself in the posistion to be taken advantage of from a very bad friend....NOW after you gave them permission to clean you out you have to prove that they stole from you (the second time)...very simple I think!!!!!--- the police can not deal with this type of drama..there are so many false fraud complaints out there its just a deal where they write a report and you have to go to court and prove that someone you allowed free access to your items is now a theif..in business I believe the term is "embezzelment" but that has to be proven in court as well

to the two humanoids i deleted.attacks on goldenbast or this forum will not be tolerated.

good for you mergel!!!! can we get back to the topic op posted now or have you deleted that as well?

As always I have my own opinions on these sorts of things ... here goes. The police are supposed to be there to protect innocent people from bad people (to put it in simple terms). But if someone is stupid enough (pardon the bluntness, but I am pretty blunt!) to give someone ... ANYONE... their PIN, then they cease to be an innocent person.

I guess I compare this situaton to someone who leaves jewelry on a public bathroom lavatory ... they realize what they have done and come back 10 minutes later ... no sign of jewelry, no sign of a person. It was technically found, not stolen, in a court of law. This is the same ... technically/legally the roommate didn't steal the money. But she DID steal it morally.

Is the stupid person still living with the roommate/thief? Has the roommate/thief admitted any of this? Is there PROOF that she did it? Where is the ATM card now?

If it was me (as the stupid person), the thief would be hobbling around with a broken kneecap. Seriously. And I would be less stupid in the future.

It's been a month or more since the original post (I missed it until now) ... what has happened since the last posts?

I don't know what has happened and don't really care anymore. She stiffed me on weeks worth of babysitting and didn't even bother to ever call me...just went and found a new babysitter, I am sure to avoid having to pay me. When all this started, she asked me if she could pay me with her next check and understanding of her situation, I agreed. Stupid on my part since after a few more days of babysitting she just stopped and got someone else....so I am out that money but learned a lesson: Don't allow someone to 'pay you later' on these types of jobs. We were struggling already and what she did didn't help.

You live and learn

thats a real shame, golden ... it makes you not ever want to be a "nice" person again, doesn't it? At least you didn't loan her money, you just wasted your time ...

Yeah pretty much...but it was extra money lost because I turned down a babysitting job because I didn't want to overextend and now they already have a babysitter as well.

The only reason I am not ranting more about it is it is looking like I would have to quit soon anyhow...I have already had 3 Dr apts and have 4 more this month plus surgery in the next month or so....I will be on bedrest and won't have the energy or ability to properly care for these children.

my thoughts are will you during this time ...

okay I think this now tells the rest of the story ..the friend has since ...stiffed you and perhaps lied about someone else mis-using the atm card they gave them permission to use? It is not your fault for being nice and chosing bad friends and people to trust I would pray for you basten but I don't think from other post that you believe in those type of religion so I will keep you in thoughts as well and wish you the best and know your former friend will meet up with karma in the long run I think it just points they were lying to begin with and tried to say user the second time arouind was not aurhorized and now you should take her to court when you have the energy to do so!

I never turn down offered prayers. It does not matter what religion they are from, only that they are heartfelt and I thank you for it.

I am not going to bother suing her, it would be a lot of hassle and end up being my word against hers, I would rather use my suing energy against the unethical CAs and gouge them.

She was never an actual friend per se.....I met her through a mutual friend who thought I could use the extra money as she needed a babysitter...this thing sometimes happens with this type of work.

I was nice and considerate of her situation, and she burned me. That is ok because I do believe in Karma and what goes around comes around and I am sure it will someday bite her on the butt. It will not stop me from being a nice person and trusting people as I fully believe what I give out i will get back.

Amen! to that gold the best of luck and I wish you wellness and peace!

golden is the essential drama queen on this site always looking for vindicatiion of her wrongdoings but keeps repeating the wrongs wtf???????????[samebox:8d5f9d3eb2="paulmergel"]i'm locking this thread.you are the essential tard that has an axe to grind.it stops here.[/samebox:8d5f9d3eb2]