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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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I got caught up in an online scam here a while back. There

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I got caught up in an online scam here a while back. There was this person that I thought to be a woman from Phoenix that I had grown quit fond of and thought I could trust. Anyway, I gave her my Golden Plains Credit Union Credit Card number (my bad, I know). Story was she had traveled with her sister (an African antique dealer) to Nigeria where she had become stranded due to insufficient funds to get back home. All this was BS of course I know now but anyway what I did was wait for a family friend of hers to put money on my card and then I would get a cash advance from my card and send the money to her via Western Union. The amount was usually somewhere around $1,500. This went on for sometime and seemed to be going smooth until I noticed a reversal of payment followed by more of them until the outstanding balance on my credit card (WHICH HAD A CREDIT LIMIT OF $5,000) was over $13,000. I later found out my credit union had done all the reversal of payments because the account being used for payment to my credit card account was not a good account. The payments had been made by way of check over the phone by someone claiming to be me but obviously wasn't. I was never told by GPCU about these payments not being legit and only that they could charge me with Kitting (which I didn't even know what that was) unless I rolled this $13,000+ over to a new loan which would also include another loan I had just opened not even 3 months prior. I had just paid off my car with them and refinanced it for around $11,000 to pay off credit cards, medical bills, dental bills and so on. The payment on what was now being called my car loan of over $24,000 on a 2006 Nissan Altima went from $210 mo to $458 mo. Well I am disabled and living on a fixed income and there is no way I could pay this along with the rest of my bills, including a mortgage payment of $565 mo.
My question is can they hold me responsible for everything even though they should have caught onto what was happening before it got so out of hand and also with a $5,000 limit isn't that all I should be accountable for? Shouldn't they have told me what was going on instead of just accusing me of kitting and threatening me with criminal charges. I'm in a real bind now and since I couldn't make the payments on the car loan, they are going to repo my car and already have a for sale by private sale on Sept 9, 2016. Please inform me of any alternatives or legal advice to help me get out of this mess and if there is anything I can do to get back at GPCU. Also a good attorney if you think I have a case.
Sincerely ***** ***** you,
Martin Greathouse
Submitted: 4 months ago.
Category: Legal
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

can they hold me responsible for everything even though they should have caught onto what was happening before it got so out of hand and also with a $5,000 limit isn't that all I should be accountable for?

Yes, they can hold you responsible for everything although, depending on the wording of the contract, you may be able to stop your liability at $5000.

What you can consider is a bankruptcy, at least to stop everything while you get matters sorted out, plus with a bankruptcy you would have one judge dealing with all of the issues.

In most bank and card contracts they have language which allows the bank or card company to escape liability under any facts like this and it allows them to hold you solely responsible.

However, to know for sure you have to get a copy of all of the paperwork and agreements and read through them.

If you hire a local lawyer that does creditors rights, consumer law, or bankruptcy, then they can get those records and by filing a bankruptcy they can stop repossession of your vehicle. In addition, thee is nothing that says you ave to go forward with your bankruptcy. Many people use it as a way to "buy time" and stop foreclosures or repossessions.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Bankruptcy Law or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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