One lawyer said in Canada the law protects me & I don't have to pay, the credit card company says the contract states if the PIN is used then I'm accountable for this debt. This has ruined my credit rating & has gone to a collections company, they said I would lose the fight & have to pay so I should settle now with them and pay $10,700 and everything would be fixed.
Any legal advise on this would be greatly appreciated.
2007-08-10 03:47:12 · 9 answers · asked by sunshine 1 in Politics & Government ➔ Law & Ethics
Your comment implies that you know who did this.
Did you give your card and PIN number to another person? If so you basically gave them permission to use your card.
2007-08-10 04:29:11 · answer #1 · answered by MikeGolf 7 · 0⤊ 0⤋
I'm not sure if this helps but US law (if its a US credit company it will work) states that for bank cards your liability is limited to up to $50 if you call and cancell in two days from the fraud and up to $500 if you do not. Credit cards have a liability max of $50 no matter what. So, if its Visa or Mastercard: if the issuer (bank, like CitiBank or whoever the card is through) is in the USA you should be covered. Now for DiscoverCard and AMEX they are both network and issuer but they have a $0 fraud liability anyways.
2007-08-11 05:03:50 · answer #2 · answered by Pompous_Admiral 1 · 0⤊ 0⤋
The credit card company should not be threatening you saying that you'll lose the fight--that's intimidation. Regardless of that though, the real question is if you know the person who used your credit card and if you did, how they got your pin. If your credit card was stolen, then you should have reported it as stolen and that would have alleviate you from responsibility of any charged incurred. You should have a copy of your credit card contract and have it reviewed by a lawyer.
You didn't provide sufficient details to give you anymore advice.
2007-08-10 11:07:43 · answer #3 · answered by Simply Tish 2 · 1⤊ 1⤋
Get a lawyer, you don't have to pay but they will hound you.
You will have to file charges and make police reports and show them to the credit card companies. You will also have to press charges. If someone you know and want to protect has used the card without your permission, like your son or daughter, then you have to pay them as the only other way to prove yourself not responsible is to show them that legally.
2007-08-10 11:10:32 · answer #4 · answered by justa 7 · 0⤊ 0⤋
The question is: who used it? DId they have the pin? Did you previously let them use it? If the contract really does state that they are not accountable for charges processed with the PIN, chances are you are out of luck.
2007-08-10 10:52:29 · answer #5 · answered by :) 4 · 0⤊ 0⤋
If you didn't spend that money You don't have to pay at all.
But yes you will have bad credit.
I am in the very same situation.
My ex husband did that to me.
But my whole life I use money to pay so it doesn't affect me in any case having a bad credit...I used to have a very good credit and I never used and I never need credit so I am used to pay at the moment of buying and like I say is just your credit that is mess up.
You didn't spend it then you don't need to pay it.
2007-08-10 11:12:18 · answer #6 · answered by nena_en_austin 5 · 0⤊ 0⤋
This will be much easier to answer if you could shed some light on how some unknown person got both your card AND your PIN number without your knowledge and consent.
2007-08-10 10:51:53 · answer #7 · answered by Citicop 7 · 1⤊ 0⤋
How did they get your pin?
Your card was compromised with or without your help. Nothing in between.
Without your help, I would fight it!
A lot of ATM's have cameras....ask to see the videos...If the bank won't allow it....something is fishy.
2007-08-10 10:59:24 · answer #8 · answered by Anonymous · 1⤊ 0⤋
You should really be talking to lawyers, not seeking advice here. If you are talking about Canadian law, I doubt there are a whole lot of people here that are experts on that subject.
2007-08-10 11:12:03 · answer #9 · answered by Azure Z 6 · 0⤊ 0⤋