help with nephew vs boa

rubyruby27 · 11-27-2007, 11:44 PM

I only have bits and pieces of this story but would like a direction with the info I have if anyone has any thoughts.

Nephew is 22 with the financial knowledge of a 10yr in my opinion.

Had bank account with BOA, uses the internet alot ie playing games etc.

He goes to buy something and finds out his account is denied, he calls the bank and they said that he is overdrawan due to recent charges of 29.00 x 11 along with overdrawn penalty's etc he owes 800.

Bank said these withdrawals came from Europe via paypal, he tells them he is in US and has never been to Europe they agree to give him his money back and negate the charges and they would put a fraud alert on his account.

They close that account and open a new one about a month later the same thing happens again, the bank is saying the charges were made in Europe through paypal but the IP address is his IP and they want thier money etc , they close his account and he just said to heck with this, I didn't charge this apparently my computer was hacked and I am not paying you.

Needless to say he can't get a bank account with anyone and is having to pay to get his payroll checks cashed.

I called BOA and they said I can't help you, directed me to call collections but yes it shows he is minus 800+. I haven't had time to call yet to figure this mess out.

If he is telling me the whole truth and his computer was hacked into and these charges did originate in Europe and they are aware of that fact along with them telling him they would put a fraud alert on his account--apparantely they didn't, are they liable for the charges and how would I get this fixed the most simple and easiest way.

Again let me say that supposely another 29.00 x11 withdrawals in a matter of an hour occured via paypal.

Thanks for anyones guidance.

Pale Rider · 11-28-2007, 12:10 AM

First step is to file police report for id theft and fraud.

Enigma · 11-28-2007, 01:00 AM

Ditto on PR wrote then look to Regulation E.

rubyruby27 · 11-28-2007, 07:19 PM

Thanks I will look up Reg E and take him to file out a police report.

roybean · 11-28-2007, 08:08 PM

Yeah, I was about to say the same thing PR and Enigma said, ...does he even have a paypal account? BofA should know there is something odd about this and if the charges originate in Europe, how do they have his IP address?

rubyruby27 · 12-01-2007, 12:54 PM

I don't know that answer and neither does he. He told me that they said they traced it back to his IP address but it still doesn't make any sense if the charges occured in Europe.

Hopefully, I will be able to help him next week.

Basically all I want to do is make a phone call and it goes away. Yea I know I am living in a dream world.

Enigma · 12-01-2007, 02:09 PM

Quote:

Originally Posted by rubyruby27

I don't know that answer and neither does he. He told me that they said they traced it back to his IP address but it still doesn't make any sense if the charges occured in Europe.

Hopefully, I will be able to help him next week.

Basically all I want to do is make a phone call and it goes away. Yea I know I am living in a dream world.

There is something fishy about BoA's accretions.

!) Unless he has a static IP, it could change.
2) If he uses a router then it may not be his IP
3) If he has a wireless router that is not locked down, then his local neighborhood along with drive by's can access his router causing it to look like he did it.

Lucy · 12-02-2007, 08:53 AM

I would also contact paypal and let them know that this is happening. It's possible they could provide some info to you or give you some direction on how to handle this.

centex · 12-04-2007, 09:56 AM

how about you start asking him which poker site he was using...

Prior to implementation of a lot of the UIGEA rules, many banks were still processing those transactions and they showed up as being processed through various offshore and European processors (I payed a ForEx fee when I put my buy-in on a credit card since the vendor showed up from somewhere in Europe).

I am betting that the bank didn't do anything wrong here and nephew got away with it once, so he tried it again. I would be very wary about a police report here...

rubyruby27 · 12-04-2007, 03:45 PM

Thanks for all the info. I have been too busy to follow through with this since our schedules are different am hoping in the next day or two we can get together. When I posted this question I was suppose to meet with him the following day but I couldn't.

His girlfriend went to the bank with him and he filed some papers saying it was fraud and that he didn't charge the 29.99 x 11 in a matter of an hour. BOA gave him his money back and closed the account and gave him a new number.

About a month later this happened again. I too question how this could happen.

According to him the bank called and wanted thier money and he said I didn't charge this, according to him the bank said it was traced by his IP address to his home computer. I don't know if its a lap top or a desk computer, forgot to ask that question.

He again stated it was a paypal account and he said he doesn't have one.

It is a direct connection to cable. No router etc

I figure one of 2 things happened either someone in that household was taking his card and doing this or the bank did an investigation and did trace it to his household and put the charges back on his account but it doesn't mean he made the charges.

Let me say the second time him ignored what happen and didn't dispute the charges. As he figured they would think he was lying.--Which we all think something isn't kosher.

He is 24 going on 10 in financial matters. He is also not emotional intack as his mother is terminally ill and his father died 19 years ago. He is living in his own world right now.

He ask me for help which is a good sign that he is not as depressed as he has been, he also knows I will figure it out, so the odds of him lying to me are slim but anything is possible.

Centex, I know your comments were meant well-making sure it was fraud before taking it any further, your comment I bet nephew got away with it once so he tried it again was unnecessary.

Did he do it I am 95% sure he didn't.

Is it possible that someone in that household did it, yes.

Again it could be 100% what he is saying, that somehow his computer was hacked and he got screwed.

Part of my question originally was, if he filed fraud papers with the bank and this happened a second time would they be libel for not putting a hold on this account until he called them.

Thanks to all and when I get the story and call the bank for thier side I will ask for additional help