<< <i>Tom, clear something up for me. Are the bogus charges on credit card accounts thay you are the wife opened or are the charges on credit cards that someone else opened in you or your wife's name?
>>
That's a good question. My Wife for example has an account with the bank that has been drawing from my business account. BUT her credit line is only a fraction of what is taken every month. That "bank" ( the phone number comes up as unlisted ) called and threatened her today. We were able to stop the $20,000 that was already taken from the account. This bank called to threaten my Wife, if she doesn't replace the money by noon tomorrow then law enforcement will be called. I was listening and said "This is Mr Pilitowski. You owe me a lot of money" and took it from there. My banker doesn't believe it was a bank that called. We shall see.
<< <i>"No, nobody questioned it till the other day when someone tried to transfer 20K out of my account."
Was this transfer done online? or was it in a bank or some other financial institution. If it was the latter maybe they taped it, having the time of day. >>
It was done online. All of it appears to be done online. In fact, American express charges up to last month ( one is recurring ) even though my Wife has NOT had an amex since 2008.
<< <i>"No, nobody questioned it till the other day when someone tried to transfer 20K out of my account."
Was this transfer done online? or was it in a bank or some other financial institution. If it was the latter maybe they taped it, having the time of day. >>
It was done online. All of it appears to be done online. In fact, American express charges up to last month ( one is recurring ) even though my Wife has NOT had an amex since 2008. >>
Is it still true then, that say someone like PayPal can no longer sweep funds from your linked account into your PP account?
Police just left our home. Both my Wife and I filled our police reports. There's a new address on her credit report ( that mobile home park ) and it's only 1.29 miles away from someone we know in Ca. Coincidence?
I don't think so
Oh, and today someone claiming to be from Citi called and threatened my wife. I was listening on the other line and heard them tell her that "the 20,000 better be sent to them by noon tomorrow or law enforcement was going to be involved".
I said, This is Mr Pilitowski and you owe me money. When do you intend to pay me. Who do you think you are calling here on a business phone and making these kinds of threats.
The person got very calm and to me sounded legit. Said that many people "double dip" and thats what they thought this was but that she'll contact her boss and see about transfering this to a different department. Nobody has since called.
I gave the phone number to my bank and they don't believe it's citi bank. When we entered the number online it came up "unpublished". IF that was citi, would they have an unpublished phone number or was that more likely the scammer who realized that the 20 g's they just transfered out of our account is no longer there for the picking?
I really don't think the mobile home park has any bearing on this . First of all the SPECIFIC address was not located , if you look at the google map that was pulled up it was in the 1400 block and the zip was different . The only thing the same was the street name . The theft could be happening right in your area and because of the bogus address it is throwing you out to california.
i suppose this bit of advice is probably sort of simple.. but i would be calling up every credit card/debit card provider's number to have them reissue me with new cards with different numbers on it... telling them to deactivate the existing immediately...
and also asking if they have some sort of program to help detect fraud.. the type that questions odd purchases in odd areas or for odd sums.. they actually call you up and ask what is going on.
just mentioning something no one else has yet...
sorry to hear about this.
-------------
one other thing.. if you think this may have been caused by a computer incident where someone get control of your PC.. backup your quickbooks data (accounting data, whatever), pictures, etc.. and do a reinstall with your original install CDs or your reinstall partition that most computers have now days. Then get all your patches for the OS and install microsoft security essentials...
You have two separate and overlapping levels of protection from your bank .
Regulation E = for the FIRST 60 days after the first statement showing unauthorized transactions.
NACHA = for the MOST RECENT 60 days
Any unauthorized transfer in between these two periods is a negotiation between you and the bank that took your money.
The first is Regulation E. Section 205.6(b)(3) which states that there is no consumer liability for unauthorized transfers not involving an "access device" (such as a debit card) that occur within the first 60 days after the first periodic statement showing the first unauthorized transfer is issued. Your bank is responsible to you for the unauthorized transfers during that time period. „« Whether they can recover anything from the unauthorized other bank is not your concern. „« If your bank can show that they could have stopped the unauthorized transfer if you had reported it during this timeframe, they are not responsible for any additional transfers under Regulation E. „« Furthermore, there is NO TIME LIMIT for asserting a Regulation E claim.
If your bank does not volunteer to return the money that was taken before that 60 day period expired, tell them you are making a "claim under Regulation E Section 205.6(b)(3)." The typical CSR at the bank will probably give you a blank stare or give you some patronizing explanation of why you are wrong. Stand your ground and work up the chain of management. Contact the bank regulators for help.
You also have rights under the NACHA rules that will allow you to get your money back for the last 60 days. The NACHA rules say that if a consumer submits a "written statement under penalty of perjury" within 60 days of the date the transaction was settled, the bank must reverse the transaction. „« Note there is no requirement for an investigation. Your bank must reverse ACH debits from consumer accounts during the last 60 days if you submit a WSUPP, no questions asked.
These NACHA rules are separate rights from the Regulation E rights. The bank should have a separate form that they probably informally call their WSUPP form. If the CSR has no idea what you are talking about, ask them to call someone from their EFT department.
They cannot charge you a fee to exercise either your Regulation E or NACHA rights.
Make sure you have provided your bank with a WRITTEN "Affidavit of Unauthorized ACH Transaction" -- they should have a standard one on file that you fill out and sign, checking the appropriate boxes to describe the transaction. If they deny having such a thing, ask someone else. They have it. Just for some reason they are trained to deny its existence and discourage people from using it.
If you do not provide the written affidavit, you do not start the clock on the amount of time they have to correct the situation under Federal Reserve Regulation E rules.
The bank then has 10 days to conduct its investigation. If they have not reached a determination within those 10 days they must issue a provisional credit. They must also issue a credit within 24 hours of reaching the determination that your claim is legitimate -- which may very well happen before the 10 days.
They are not allowed to charge any overdraft fees that occur solely as a result of this transaction. If you would have had an overdraft even if this transaction had not occurred, they can still charge the fee. It is rather normal for the fees to be assessed and then refunded back once the case is decisioned, so don't immediately freak out if you see some pending on your account.
You should have a hard block placed on the account to stop any additional ACH transfers while the investigation is pending. In the mean time I would establish a new account and begin using that (same bank or not, your choice). Only after the case is decisioned and you see the proper credits in your old account do you close it.
They will tell you there is no need to get a new account. They're full of it. Best case someone mis-entered your account information and its entirely possible they have it stored someone and will accidentally use it again. Worst case your account information has been compromised and this is only the beginning of future attempts.
They will tell you there is no way to block the transactions. Again, they're full of it. All banks have a hard block ability. If they tell you it's not necessary, thank them and politely insist it be done. You want to stop any other withdrawal attempts before they happen so you don't end up having to open additional claims, wait for additional refunds, reverse additional fees, etc. Despite their assurances that the computer wouldn't allow more withdrawals, there's a good chance it will -- and will try to stick you with more overdraft fees along with those withdrawals.
<< <i>If the address is anywhere around that location at Sunbeam Cir...near Story and 101. It's a rough area. >>
Oh and there's what seems to be at least a place of interest on Joe Dimaggio which is 1.29 miles away. Is that also a bad area? >>
Well, basically yes. Anywhere that close to the 101 highway between Story and Tully? It'll probably be rough. Cheaper houses/duplexes. Only half a million dollars. Maybe some of the worst go for a quarter mil. I'm half-facetious about that; land is expensive out here.
I hope you gather the information and proof you need. I would imagine they left a trail.
Yes, absolutely, call the credit bureaus and put fraud alerts on your files. When I did mine, though, a fraud alert did not mean a bank *could not* issue credit in my stolen name. It just meant that I asked them not to. Again, hope that's gotten better...
And the phone calls! Ah, yes, you've reminded me. Even years later I got a call from someone pretending to be police, or TSA - I think the latest was Homeland Security. Said they were trying to help me out, but like most scammers he lost it when I deviated him from his script.
Lastly, let me reiterate - whatever it is, get it in writing. Years from now, someone will dig this up again. The bank will be sold, or they'll get new computers... there's a whole list a possible ways for this to come back to life someday. Shoot, my Dad got 1099'd for a fraud the bank wrote off 6 or 7 years earlier. Their "system" magically changed it to bad debt instead of fraud. He was retired and had no earthly way to pay income tax on that, much less remember what happened.
The police are going to be of little help in fixing this mess, you took a grilling for no purpose. I suppose 1 in 100 actually knows something, i always get stuck with one of the other 99.
In the end you alone will be the one who will end up getting this resolved as you stand to lose. All the people you are dealing with are there to collect a pay check.
Document everything!!
Mark NGC registry V-Nickel proof #6!!!! working on proof shield nickels # 8 with a bullet!!!!
Tom, so sorry this happened to you. After we lost over a 100K in a burglary last year I got to find out first hand how little the police care about things like this. My advice is to hire a private detective right away. The police won't like this but who cares! Do your own investigation too. When we got robbed they never even questioned the neighbors! You must take charge.
Thanks to a few forum members we are compiling some VERY interesting information. My Wife and I want to Thank you all ( is this a great place or what! )
We have a long way to go but we think we are headed in a positive direction. Thank you, please keep it coming.
I am very sorry to hear of your big troubles here.
It reminds me of the bank trouble I once had with a missed credit card payment. My payment had gone astray in a most bizarre way. The next bill showed interest and a late fee. I thought, with my good record, I might sweet talk them out of the excess charges. I told them I was going to immediately send them a check for the two months in full which I did. The girl on the phone was very sweet and promised me everything. There would be no interest, no late charge, but could I describe the missing check. Heck, she was so nice, I did it. The next thing I knew they wrote their own check on my account for 2 plus months charges plus check writing fee plus late charge plus interest and closed my account. My account was now overpaid. I asked for a refund. They said not until after the waiting period was over.
I complained to my banker who told me they could do anything they wanted since I gave them my bank account number. I said they could get that from my checks. He said that would be highly illegal.
Moral - Don't give your checking account number to anybody you send checks to. Do not describe missing checks.
Sounds like you need a new bookkeeper (& to more closely monitor your accounts - I check mine every day). >>
I have sympathy for you and I hope you can recover the money and put the criminals in jail.
But, as others have suggested, a good step is to check all accounts every day and immediately investigate, and possibly dispute, any questionable charges. Once the first couple of bogus charges got into your account, the criminals kept going there again and again. If this had been cut off after the first or second charge, the loss wouldn't be so large.
An authorized PCGS dealer, and a contributor to the Red Book.
Sounds like you need a new bookkeeper (& to more closely monitor your accounts - I check mine every day). >>
I have sympathy for you and I hope you can recover the money and put the criminals in jail.
But, as others have suggested, a good step is to check all accounts every day and immediately investigate, and possibly dispute, any questionable charges. Once the first couple of bogus charges got into your account, the criminals kept going there again and again. If this had been cut off after the first or second charge, the loss wouldn't be so large. >>
Richie, that's my fault. I should have hired a professional bookeeper. There's way too many transaction and money for the person who I assigned this to. I tried to watch the pennies and while watching the pennies somebody was stealing the dollars.
Far as recovery, what I've been told is that we wil probably get the last 60-90 days. Beyond that if we want to try and recover we can hire a lawyer and sue the various companies. I asked the lawyer what the possibilities are of winning that and how much can he guess his costs would be to do so but I didn't get an answer yet to that question. So it's a big loss. I'm embarassed, and angry.
The above quoted consumer protections do not apply to businesses, unless the bank chooses to.
I would get all my current cards changed.
You can put fraud alerts, but you really to have your credit frozen. This just means to have to log on to the credit bureaus and enter a password the day before you want to take out a new loan. This is the function that allows Lifelock to work, without the fees.
You can negotiate fees with lawyers, but they hate it.
A business should have a MONTHLY AUDIT of all transactions. Put it into place now if you don't have it. I'd recommend the same for individuals too.
Not long ago, my father's charge card was nailed by identity thieves. Five transactions at a "Fairfield Safeway" for a total of $1500. It took many calls to get those fraudulent charges off of his account even though we were well within the time limits. The bank did not help much; the burden was on us. It made my dad angry, but I explained to him...what's worth more to you...getting that $1500 back or coughing up a few 12 digit numbers for the transaction IDs? It's easy with emotion to become angry at the situation. If you have someone who is not embroiled in the matter that can provide advice, that can help!
<< <i>Richie, that's my fault. I should have hired a professional bookeeper. There's way too many transaction and money for the person who I assigned this to. I tried to watch the pennies and while watching the pennies somebody was stealing the dollars.
Far as recovery, what I've been told is that we wil probably get the last 60-90 days. Beyond that if we want to try and recover we can hire a lawyer and sue the various companies. I asked the lawyer what the possibilities are of winning that and how much can he guess his costs would be to do so but I didn't get an answer yet to that question. So it's a big loss. I'm embarassed, and angry. >>
I know my suggestions sound like "locking the barn door after the horse has been stolen", and I do sympathize with you and your awful situation. I guess I decided to check my balances every day because every once in a while a check would get posted twice, or an unexplained bank charge would show up, etc. Basically, you need to set up a procedure such that all charges over a certain dollar amount are reviewed, understood, and approved. Charges that show up on the bank statement should be subject to the same standard as a check payment. As President of my business, I report to an even higher authority - - my wife. She will question any charge or transaction she doesn't understand.
You aren't the first person this has happened to, and even the banks themselves are not immune. In the early 1980's, a local bank offered IRA's with a fixed minimum interest rate of 10%. A market rate at the time, but several years later the 10% was well over market rates. The bank wanted to get out of this commitment, so they decided to SUE their customers who had such accounts - - 4,500 such customers. They eventually won their case. While they were focusing so many resources on this obligation, which was costing them a few million dollars a year, they missed the fact that one of their traders had gone rogue, and had lost over $500 million of their money. (Congratulations, bank executives, for keeping your eye OFF the ball!) The bank became a "troubled" bank, and was sold out to another large bank. So, it happens even to banks!
An authorized PCGS dealer, and a contributor to the Red Book.
Far as recovery, what I've been told is that we wil probably get the last 60-90 days. Beyond that if we want to try and recover we can hire a lawyer and sue the various companies. I asked the lawyer what the possibilities are of winning that and how much can he guess his costs would be to do so but I didn't get an answer yet to that question. So it's a big loss. I'm embarassed, and angry. >>
Before you at to the loss with a lawyer i would grill them over the fees. E$very time i have hired an attorney the original estimate was way low to what the final bill turned out to be. Sometimes it is hard to stop in the middle even when you know your boat is sinking. My father was a judge and lawyer for 50 plus years so i am not picking on lawyers, a lot of them will tell you the same thing.
Some companies will kill you with paper that has to be read and answered. The fees add up quickly.
Just add a new line item to you invoices.
Mark NGC registry V-Nickel proof #6!!!! working on proof shield nickels # 8 with a bullet!!!!
We have an update. We have spent more hours in the last week and a half since this fiasco started and we are out just under $100,000.00 at this time. A few fellow forum members have helped in tracking down quite a bit of information ( Thank you! ) and within the last 48 hours we've had a real breakthru in terms of quality information.
There is most definitely a criminal investigation underway for fraud, grand theft, identity theft among other things. We believe we know at this point who has done this. No doubt in our minds. I'm sorry but I can't go further than that at this time.
There is however a good possibility that we will NOT get all our monies back without a lawsuit. We will most likely get about 30% of it which still leaves us with a signifant financial loss not to mention the unbelievable amount of time this is consuming and may continue to consume especially on the identity theft front.
Let it be known that I shall spare no expense and will deploy whatever assets are necessary to bring this sob to justice.
My advice? Be very careful the websites you frequent and enter personal information in. And check and double check as often as possible your credit card statements ( paypal seems to be the most secure ), debit cards, accounts of all types. Especially if you are a weekend warrior ( I like that better than the other term that some use ) and sell on ebay and other places. And unfortunately sometimes someone who knows you is the perpetrator.
<< <i>And check and double check as often as possible your credit card statements ( paypal seems to be the most secure ), debit cards, accounts of all types. >>
Glad you're making progress, Tom.
Also, be advised that the same protections to NOT apply to debit cards that do to credit cards. That's one reason I refused a debit card from my bank (and they were very pushy about it) and got a plain vanilla ATM card without the Visa logo on it - the only way it can be debited used is while inserted in an ATM machine.
<< <i>And check and double check as often as possible your credit card statements ( paypal seems to be the most secure ), debit cards, accounts of all types. >>
Glad you're making progress, Tom.
Also, be advised that the same protections to NOT apply to debit cards that do to credit cards. That's one reason I refused a debit card from my bank (and they were very pushy about it) and got a plain vanilla ATM card without the Visa logo on it - the only way it can be debited used is while inserted in an ATM machine. >>
Yikes. I don't have a debit card but I think my wife does. What protections do these not have that the credit cards do have?
<< <i>And check and double check as often as possible your credit card statements ( paypal seems to be the most secure ), debit cards, accounts of all types. >>
Glad you're making progress, Tom.
Also, be advised that the same protections to NOT apply to debit cards that do to credit cards. That's one reason I refused a debit card from my bank (and they were very pushy about it) and got a plain vanilla ATM card without the Visa logo on it - the only way it can be debited used is while inserted in an ATM machine. >>
Yikes. I don't have a debit card but I think my wife does. What protections do these not have that the credit cards do have? >>
I don't have a debit card either, but generally AFAIK debit card charges can't be disputed like CC charges can. I believe that others have posted here that you can sometimes appeal to your bank for relief with debit card issue. Whenever given the choice of credit or debit, always choose credit.
The sad thing about this is that even with legal action, you may never collect. My brother is going through this with his ex-wife and even though the court ordered her to pay him back money that she stole (for lack of a better term) she quit her job and moved! So I certainly hope that this works out better for you.
I watch my credit cards online to make sure there are no bogus charges on them. In the few cases where this did happen, I contacted them immediately. I could've caught one criminal but the police weren't interested (he ordered some merchandise online and it was scheduled to be delivered by UPS the next day to an address in another state). I don't have a debit card either (I prefer a credit card or cash).
It is always worse when the criminal is someone you know (or family).
I'd keep playing. I don't think the heavy stuff will be coming down for quite a while!
<< <i>And check and double check as often as possible your credit card statements ( paypal seems to be the most secure ), debit cards, accounts of all types. >>
Glad you're making progress, Tom.
Also, be advised that the same protections to NOT apply to debit cards that do to credit cards. That's one reason I refused a debit card from my bank (and they were very pushy about it) and got a plain vanilla ATM card without the Visa logo on it - the only way it can be debited used is while inserted in an ATM machine. >>
Yikes. I don't have a debit card but I think my wife does. What protections do these not have that the credit cards do have? >>
I don't have a debit card either, but generally AFAIK debit card charges can't be disputed like CC charges can. I believe that others have posted here that you can sometimes appeal to your bank for relief with debit card issue. Whenever given the choice of credit or debit, always choose credit. >>
Credit card fraud (stolen credit card) is limited to $50 while debt card theft can result in your account being cleaned out. A credit card is much safer.
Worry is the interest you pay on a debt you may not owe.
"Paper money eventually returns to its intrinsic value---zero."----Voltaire
"Everything you say should be true, but not everything true should be said."----Voltaire
Thank you for sharing this misfortune so others can provide info and help us be aware of being more vigilant.
I've placed a credit freeze with the three credit agencies and have put monthly reconcilations at the top of my to do list.
Best wishes,
Joe
BST references: jdimmick;Gerard;wondercoin;claychaser;agentjim007;CCC2010;guitarwes;TAMU15;Zubie;mariner67;segoja;Smittys;kaz;CARDSANDCOINS;FadeToBlack; jrt103;tizofthe;bronze6827;mkman;Scootersdad;AllCoinsRule;coindeuce;dmarks;piecesofme; and many more
<< <i>Credit card fraud (stolen credit card) is limited to $50 while debt card theft can result in your account being cleaned out. A credit card is much safer. >>
and with overdraft protection, the bank will transfer money from your savings time and time again, providing an unlimited source of funds for the thief...
We believe we have a hit on who did this. In fact they now show my Wife as THEIR wife and there have been numerous account changes. We don't understand how they have pulled this off but thanks to real searching and the help of some fellow forum members we absolutely have a suspect. Absolutely.
that's great news!! i had waited to post some trivia about the area because of your plight...., and i am adding that maybe someone had a "forward" on the bogus address to their real address, but i don't know if the USPS would forward a non existent addy in the first place?
<< <i>We believe we have a hit on who did this. In fact they now show my Wife as THEIR wife and there have been numerous account changes. We don't understand how they have pulled this off but thanks to real searching and the help of some fellow forum members we absolutely have a suspect. Absolutely. >>
A shred of good news, finally. Hopefully the scumbag is busted and you can recover most or all of what was stolen.
<< <i>that's great news!! i had waited to post some trivia about the area because of your plight...., and i am adding that maybe someone had a "forward" on the bogus address to their real address, but i don't know if the USPS would forward a non existent addy in the first place?
anyway here is the trivia. that area with the big fly-over for 280/680 and 101 was once incomplete. no off or on ramps...why? Jerry Brown was governor in CA...and anything to do with infrastucture was a no-no. yes his first term, he served two and we now know he is here again elected for an encore. AND it is a very sketchy part of San Jo.
Interchange to Nowhere The huge interchange with I-280 and US 101, which flies over a cloverleaf on 101 for a local street, was started in 1974, but construction was halted for lack of funds, leaving three disconnected sections of ramp 70 and 90 feet in the air. Traffic used an underpowered "interim" interchange, taking small ramps underneath the towering segments of flyover.
On January 4, 1976, an unidentified joker used a crane to deposit a 1960 car on the highest ramp. Joe Colla, San Jose City Councilman at the time, made the "Wonder Car" part of his crusade to get unfinished freeways in California finished. In early 1980, the state committed $39 million to finish the interchange, and in 1982, it opened. >>
Jerry Brown was governor during 1980-1983. How is this coin related?
Comments
Oh, pulled my Wifes name up and there's apparently another one of her although a little older listed in San Jose Ca.
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
<< <i>Tom, clear something up for me. Are the bogus charges on credit card accounts thay you are the wife opened or are the charges on credit cards that someone else opened in you or your wife's name?
>>
That's a good question. My Wife for example has an account with the bank that has been drawing from my business account. BUT her credit line is only a fraction of what is taken every month. That "bank" ( the phone number comes up as unlisted ) called and threatened her today. We were able to stop the $20,000 that was already taken from the account. This bank called to threaten my Wife, if she doesn't replace the money by noon tomorrow then law enforcement will be called. I was listening and said "This is Mr Pilitowski. You owe me a lot of money" and took it from there. My banker doesn't believe it was a bank that called. We shall see.
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
<< <i>"No, nobody questioned it till the other day when someone tried to transfer 20K out of my account."
Was this transfer done online? or was it in a bank or some other financial institution. If it was the latter maybe they taped it, having the time of day. >>
It was done online. All of it appears to be done online. In fact, American express charges up to last month ( one is recurring ) even though my Wife has NOT had an amex since 2008.
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
<< <i>
<< <i>"No, nobody questioned it till the other day when someone tried to transfer 20K out of my account."
Was this transfer done online? or was it in a bank or some other financial institution. If it was the latter maybe they taped it, having the time of day. >>
It was done online. All of it appears to be done online. In fact, American express charges up to last month ( one is recurring ) even though my Wife has NOT had an amex since 2008. >>
Is it still true then, that say someone like PayPal can no longer sweep funds from your linked account into your PP account?
<< <i>Identity Fraud Checklist >>
Excellent.
Police just left our home. Both my Wife and I filled our police reports. There's a new address on her credit report ( that mobile home park ) and it's only 1.29 miles away from someone we know in Ca. Coincidence?
I don't think so
Oh, and today someone claiming to be from Citi called and threatened my wife. I was listening on the other line and heard them tell her that "the 20,000 better be sent to them by noon tomorrow or law enforcement was going to be involved".
I said, This is Mr Pilitowski and you owe me money. When do you intend to pay me. Who do you think you are calling here on a business phone and making these kinds of threats.
The person got very calm and to me sounded legit. Said that many people "double dip" and thats what they thought this was but that she'll contact her boss and see about transfering this to a different department. Nobody has since called.
I gave the phone number to my bank and they don't believe it's citi bank. When we entered the number online it came up "unpublished". IF that was citi, would they have an unpublished phone number or was that more likely the scammer who realized that the 20 g's they just transfered out of our account is no longer there for the picking?
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
does your acquaintance have children of drug using age?
It's a rough area.
Personally, I would get a good lawyer involved right away and contact the FBI for further assistance.
<< <i>If the address is anywhere around that location at Sunbeam Cir...near Story and 101.
It's a rough area. >>
Oh and there's what seems to be at least a place of interest on Joe Dimaggio which is 1.29 miles away. Is that also a bad area?
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
every credit card/debit card provider's number to have them reissue me with new
cards with different numbers on it... telling them to deactivate the existing immediately...
and also asking if they have some sort of program to help detect fraud.. the type
that questions odd purchases in odd areas or for odd sums.. they actually call you
up and ask what is going on.
just mentioning something no one else has yet...
sorry to hear about this.
-------------
one other thing.. if you think this may have been caused by a computer incident
where someone get control of your PC.. backup your quickbooks data (accounting
data, whatever), pictures, etc.. and do a reinstall with your original install CDs or
your reinstall partition that most computers have now days. Then get all your
patches for the OS and install microsoft security essentials...
that will square you away PC wise...
Rules for unauthorized electronic funds transfers
You have two separate and overlapping levels of protection from your bank .
Regulation E = for the FIRST 60 days after the first statement showing unauthorized transactions.
NACHA = for the MOST RECENT 60 days
Any unauthorized transfer in between these two periods is a negotiation between you and the bank that took your money.
The first is Regulation E. Section 205.6(b)(3) which states that there is no consumer liability for unauthorized transfers not involving an "access device" (such as a debit card) that occur within the first 60 days after the first periodic statement showing the first unauthorized transfer is issued. Your bank is responsible to you for the unauthorized transfers during that time period.
„« Whether they can recover anything from the unauthorized other bank is not your concern.
„« If your bank can show that they could have stopped the unauthorized transfer if you had reported it during this timeframe, they are not responsible for any additional transfers under Regulation E.
„« Furthermore, there is NO TIME LIMIT for asserting a Regulation E claim.
If your bank does not volunteer to return the money that was taken before that 60 day period expired, tell them you are making a "claim under Regulation E Section 205.6(b)(3)." The typical CSR at the bank will probably give you a blank stare or give you some patronizing explanation of why you are wrong. Stand your ground and work up the chain of management. Contact the bank regulators for help.
You also have rights under the NACHA rules that will allow you to get your money back for the last 60 days. The NACHA rules say that if a consumer submits a "written statement under penalty of perjury" within 60 days of the date the transaction was settled, the bank must reverse the transaction.
„« Note there is no requirement for an investigation. Your bank must reverse ACH debits from consumer accounts during the last 60 days if you submit a WSUPP, no questions asked.
These NACHA rules are separate rights from the Regulation E rights. The bank should have a separate form that they probably informally call their WSUPP form. If the CSR has no idea what you are talking about, ask them to call someone from their EFT department.
They cannot charge you a fee to exercise either your Regulation E or NACHA rights.
Make sure you have provided your bank with a WRITTEN "Affidavit of Unauthorized ACH Transaction" -- they should have a standard one on file that you fill out and sign, checking the appropriate boxes to describe the transaction. If they deny having such a thing, ask someone else. They have it. Just for some reason they are trained to deny its existence and discourage people from using it.
If you do not provide the written affidavit, you do not start the clock on the amount of time they have to correct the situation under Federal Reserve Regulation E rules.
The bank then has 10 days to conduct its investigation. If they have not reached a determination within those 10 days they must issue a provisional credit. They must also issue a credit within 24 hours of reaching the determination that your claim is legitimate -- which may very well happen before the 10 days.
They are not allowed to charge any overdraft fees that occur solely as a result of this transaction. If you would have had an overdraft even if this transaction had not occurred, they can still charge the fee. It is rather normal for the fees to be assessed and then refunded back once the case is decisioned, so don't immediately freak out if you see some pending on your account.
You should have a hard block placed on the account to stop any additional ACH transfers while the investigation is pending. In the mean time I would establish a new account and begin using that (same bank or not, your choice). Only after the case is decisioned and you see the proper credits in your old account do you close it.
They will tell you there is no need to get a new account. They're full of it. Best case someone mis-entered your account information and its entirely possible they have it stored someone and will accidentally use it again. Worst case your account information has been compromised and this is only the beginning of future attempts.
They will tell you there is no way to block the transactions. Again, they're full of it. All banks have a hard block ability. If they tell you it's not necessary, thank them and politely insist it be done. You want to stop any other withdrawal attempts before they happen so you don't end up having to open additional claims, wait for additional refunds, reverse additional fees, etc. Despite their assurances that the computer wouldn't allow more withdrawals, there's a good chance it will -- and will try to stick you with more overdraft fees along with those withdrawals.
<< <i>
<< <i>If the address is anywhere around that location at Sunbeam Cir...near Story and 101.
It's a rough area. >>
Oh and there's what seems to be at least a place of interest on Joe Dimaggio which is 1.29 miles away. Is that also a bad area? >>
Well, basically yes. Anywhere that close to the 101 highway between Story and Tully? It'll probably be rough.
Cheaper houses/duplexes. Only half a million dollars. Maybe some of the worst go for a quarter mil. I'm half-facetious about that; land is expensive out here.
I hope you gather the information and proof you need. I would imagine they left a trail.
Yes, absolutely, call the credit bureaus and put fraud alerts on your files. When I did mine, though, a fraud alert did not mean a bank *could not* issue credit in my stolen name. It just meant that I asked them not to. Again, hope that's gotten better...
And the phone calls! Ah, yes, you've reminded me. Even years later I got a call from someone pretending to be police, or TSA - I think the latest was Homeland Security. Said they were trying to help me out, but like most scammers he lost it when I deviated him from his script.
Lastly, let me reiterate - whatever it is, get it in writing. Years from now, someone will dig this up again. The bank will be sold, or they'll get new computers... there's a whole list a possible ways for this to come back to life someday. Shoot, my Dad got 1099'd for a fraud the bank wrote off 6 or 7 years earlier. Their "system" magically changed it to bad debt instead of fraud. He was retired and had no earthly way to pay income tax on that, much less remember what happened.
Sounds like you need a new bookkeeper (& to more closely monitor your accounts - I check mine every day).
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
In the end you alone will be the one who will end up getting this resolved as you stand to lose. All the people you are dealing with are there to collect a pay check.
Document everything!!
NGC registry V-Nickel proof #6!!!!
working on proof shield nickels # 8 with a bullet!!!!
RIP "BEAR"
You can tell your bank not to authorize bank account transfers to Pay Pal unless initiated by you.
Box of 20
We have a long way to go but we think we are headed in a positive direction. Thank you, please keep it coming.
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
It reminds me of the bank trouble I once had with a missed credit card payment. My payment had gone astray in a most bizarre way. The next bill showed interest and a late fee. I thought, with my good record, I might sweet talk them out of the excess charges. I told them I was going to immediately send them a check for the two months in full which I did. The girl on the phone was very sweet and promised me everything. There would be no interest, no late charge, but could I describe the missing check. Heck, she was so nice, I did it. The next thing I knew they wrote their own check on my account for 2 plus months charges plus check writing fee plus late charge plus interest and closed my account. My account was now overpaid. I asked for a refund. They said not until after the waiting period was over.
I complained to my banker who told me they could do anything they wanted since I gave them my bank account number. I said they could get that from my checks. He said that would be highly illegal.
Moral - Don't give your checking account number to anybody you send checks to. Do not describe missing checks.
Please forgive me for venting here.
<< <i>Sux big time!
Sounds like you need a new bookkeeper (& to more closely monitor your accounts - I check mine every day). >>
I have sympathy for you and I hope you can recover the money and put the criminals in jail.
But, as others have suggested, a good step is to check all accounts every day and immediately investigate, and possibly dispute, any questionable charges. Once the first couple of bogus charges got into your account, the criminals kept going there again and again. If this had been cut off after the first or second charge, the loss wouldn't be so large.
An authorized PCGS dealer, and a contributor to the Red Book.
<< <i>
<< <i>Sux big time!
Sounds like you need a new bookkeeper (& to more closely monitor your accounts - I check mine every day). >>
I have sympathy for you and I hope you can recover the money and put the criminals in jail.
But, as others have suggested, a good step is to check all accounts every day and immediately investigate, and possibly dispute, any questionable charges. Once the first couple of bogus charges got into your account, the criminals kept going there again and again. If this had been cut off after the first or second charge, the loss wouldn't be so large. >>
Richie, that's my fault. I should have hired a professional bookeeper. There's way too many transaction and money for the person who I assigned this to. I tried to watch the pennies and while watching the pennies somebody was stealing the dollars.
Far as recovery, what I've been told is that we wil probably get the last 60-90 days. Beyond that if we want to try and recover we can hire a lawyer and sue the various companies. I asked the lawyer what the possibilities are of winning that and how much can he guess his costs would be to do so but I didn't get an answer yet to that question. So it's a big loss. I'm embarassed, and angry.
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
I would get all my current cards changed.
You can put fraud alerts, but you really to have your credit frozen. This just means to have to log on to the credit bureaus and enter a password the day before you want to take out a new loan. This is the function that allows Lifelock to work, without the fees.
You can negotiate fees with lawyers, but they hate it.
A business should have a MONTHLY AUDIT of all transactions. Put it into place now if you don't have it. I'd recommend the same for individuals too.
Not long ago, my father's charge card was nailed by identity thieves. Five transactions at a "Fairfield Safeway" for a total of $1500. It took many calls to get those fraudulent charges off of his account even though we were well within the time limits. The bank did not help much; the burden was on us. It made my dad angry, but I explained to him...what's worth more to you...getting that $1500 back or coughing up a few 12 digit numbers for the transaction IDs? It's easy with emotion to become angry at the situation. If you have someone who is not embroiled in the matter that can provide advice, that can help!
<< <i>Richie, that's my fault. I should have hired a professional bookeeper. There's way too many transaction and money for the person who I assigned this to. I tried to watch the pennies and while watching the pennies somebody was stealing the dollars.
Far as recovery, what I've been told is that we wil probably get the last 60-90 days. Beyond that if we want to try and recover we can hire a lawyer and sue the various companies. I asked the lawyer what the possibilities are of winning that and how much can he guess his costs would be to do so but I didn't get an answer yet to that question. So it's a big loss. I'm embarassed, and angry. >>
I know my suggestions sound like "locking the barn door after the horse has been stolen", and I do sympathize with you and your awful situation. I guess I decided to check my balances every day because every once in a while a check would get posted twice, or an unexplained bank charge would show up, etc. Basically, you need to set up a procedure such that all charges over a certain dollar amount are reviewed, understood, and approved. Charges that show up on the bank statement should be subject to the same standard as a check payment. As President of my business, I report to an even higher authority - - my wife. She will question any charge or transaction she doesn't understand.
You aren't the first person this has happened to, and even the banks themselves are not immune. In the early 1980's, a local bank offered IRA's with a fixed minimum interest rate of 10%. A market rate at the time, but several years later the 10% was well over market rates. The bank wanted to get out of this commitment, so they decided to SUE their customers who had such accounts - - 4,500 such customers. They eventually won their case.
An authorized PCGS dealer, and a contributor to the Red Book.
<< <i>
<< <i>
<< <i>
Far as recovery, what I've been told is that we wil probably get the last 60-90 days. Beyond that if we want to try and recover we can hire a lawyer and sue the various companies. I asked the lawyer what the possibilities are of winning that and how much can he guess his costs would be to do so but I didn't get an answer yet to that question. So it's a big loss. I'm embarassed, and angry. >>
Before you at to the loss with a lawyer i would grill them over the fees. E$very time i have hired an attorney the original estimate was way low to what the final bill turned out to be. Sometimes it is hard to stop in the middle even when you know your boat is sinking. My father was a judge and lawyer for 50 plus years so i am not picking on lawyers, a lot of them will tell you the same thing.
Some companies will kill you with paper that has to be read and answered. The fees add up quickly.
Just add a new line item to you invoices.
NGC registry V-Nickel proof #6!!!!
working on proof shield nickels # 8 with a bullet!!!!
RIP "BEAR"
There is most definitely a criminal investigation underway for fraud, grand theft, identity theft among other things. We believe we know at this point who has done this. No doubt in our minds. I'm sorry but I can't go further than that at this time.
There is however a good possibility that we will NOT get all our monies back without a lawsuit. We will most likely get about 30% of it which still leaves us with a signifant financial loss not to mention the unbelievable amount of time this is consuming and may continue to consume especially on the identity theft front.
Let it be known that I shall spare no expense and will deploy whatever assets are necessary to bring this sob to justice.
My advice? Be very careful the websites you frequent and enter personal information in. And check and double check as often as possible your credit card statements ( paypal seems to be the most secure ), debit cards, accounts of all types. Especially if you are a weekend warrior ( I like that better than the other term that some use ) and sell on ebay and other places. And unfortunately sometimes someone who knows you is the perpetrator.
Bottom line, Be careful.
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
<< <i>And check and double check as often as possible your credit card statements ( paypal seems to be the most secure ), debit cards, accounts of all types. >>
Glad you're making progress, Tom.
Also, be advised that the same protections to NOT apply to debit cards that do to credit cards. That's one reason I refused a debit card from my bank (and they were very pushy about it) and got a plain vanilla ATM card without the Visa logo on it - the only way it can be debited used is while inserted in an ATM machine.
<< <i>"In house bookkeeper" didn't catch it? Hmm. >>
Hmmm indeed.
Never view my other linked pages. They aren't coin related.
<< <i>
<< <i>And check and double check as often as possible your credit card statements ( paypal seems to be the most secure ), debit cards, accounts of all types. >>
Glad you're making progress, Tom.
Also, be advised that the same protections to NOT apply to debit cards that do to credit cards. That's one reason I refused a debit card from my bank (and they were very pushy about it) and got a plain vanilla ATM card without the Visa logo on it - the only way it can be debited used is while inserted in an ATM machine. >>
Yikes. I don't have a debit card but I think my wife does. What protections do these not have that the credit cards do have?
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
<< <i>
<< <i>
<< <i>And check and double check as often as possible your credit card statements ( paypal seems to be the most secure ), debit cards, accounts of all types. >>
Glad you're making progress, Tom.
Also, be advised that the same protections to NOT apply to debit cards that do to credit cards. That's one reason I refused a debit card from my bank (and they were very pushy about it) and got a plain vanilla ATM card without the Visa logo on it - the only way it can be debited used is while inserted in an ATM machine. >>
Yikes. I don't have a debit card but I think my wife does. What protections do these not have that the credit cards do have? >>
I don't have a debit card either, but generally AFAIK debit card charges can't be disputed like CC charges can. I believe that others have posted here that you can sometimes appeal to your bank for relief with debit card issue. Whenever given the choice of credit or debit, always choose credit.
The sad thing about this is that even with legal action, you may never collect. My brother is going through this with his ex-wife and even though the court ordered her to pay him back money that she stole (for lack of a better term) she quit her job and moved! So I certainly hope that this works out better for you.
I watch my credit cards online to make sure there are no bogus charges on them. In the few cases where this did happen, I contacted them immediately. I could've caught one criminal but the police weren't interested (he ordered some merchandise online and it was scheduled to be delivered by UPS the next day to an address in another state). I don't have a debit card either (I prefer a credit card or cash).
It is always worse when the criminal is someone you know (or family).
<< <i>
<< <i>
<< <i>
<< <i>And check and double check as often as possible your credit card statements ( paypal seems to be the most secure ), debit cards, accounts of all types. >>
Glad you're making progress, Tom.
Also, be advised that the same protections to NOT apply to debit cards that do to credit cards. That's one reason I refused a debit card from my bank (and they were very pushy about it) and got a plain vanilla ATM card without the Visa logo on it - the only way it can be debited used is while inserted in an ATM machine. >>
Yikes. I don't have a debit card but I think my wife does. What protections do these not have that the credit cards do have? >>
I don't have a debit card either, but generally AFAIK debit card charges can't be disputed like CC charges can. I believe that others have posted here that you can sometimes appeal to your bank for relief with debit card issue. Whenever given the choice of credit or debit, always choose credit. >>
Credit card fraud (stolen credit card) is limited to $50 while debt card theft can result in your account being cleaned out. A credit card is much safer.
Worry is the interest you pay on a debt you may not owe.
"Paper money eventually returns to its intrinsic value---zero."----Voltaire
"Everything you say should be true, but not everything true should be said."----Voltaire
Thank you for sharing this misfortune so others can provide info and help us be aware of being more vigilant.
I've placed a credit freeze with the three credit agencies and have put monthly reconcilations at the top of my to do list.
Best wishes,
Joe
jdimmick;Gerard;wondercoin;claychaser;agentjim007;CCC2010;guitarwes;TAMU15;Zubie;mariner67;segoja;Smittys;kaz;CARDSANDCOINS;FadeToBlack;
jrt103;tizofthe;bronze6827;mkman;Scootersdad;AllCoinsRule;coindeuce;dmarks;piecesofme; and many more
<< <i>Credit card fraud (stolen credit card) is limited to $50 while debt card theft can result in your account being cleaned out. A credit card is much safer. >>
and with overdraft protection, the bank will transfer money from your savings time and time again, providing an unlimited source of funds for the thief...
Coin's for sale/trade.
Tom Pilitowski
US Rare Coin Investments
800-624-1870
<< <i>We believe we have a hit on who did this. In fact they now show my Wife as THEIR wife and there have been numerous account changes. We don't understand how they have pulled this off but thanks to real searching and the help of some fellow forum members we absolutely have a suspect. Absolutely. >>
A shred of good news, finally. Hopefully the scumbag is busted and you can recover most or all of what was stolen.
<< <i>that's great news!! i had waited to post some trivia about the area because of your plight...., and i am adding that maybe someone had a "forward" on the bogus address to their real address, but i don't know if the USPS would forward a non existent addy in the first place?
anyway here is the trivia. that area with the big fly-over for 280/680 and 101 was once incomplete. no off or on ramps...why? Jerry Brown was governor in CA...and anything to do with infrastucture was a no-no. yes his first term, he served two and we now know he is here again elected for an encore. AND it is a very sketchy part of San Jo.
Interchange to Nowhere
The huge interchange with I-280 and US 101, which flies over a cloverleaf on 101 for a local street, was started in 1974, but construction was halted for lack of funds, leaving three disconnected sections of ramp 70 and 90 feet in the air. Traffic used an underpowered "interim" interchange, taking small ramps underneath the towering segments of flyover.
On January 4, 1976, an unidentified joker used a crane to deposit a 1960 car on the highest ramp. Joe Colla, San Jose City Councilman at the time, made the "Wonder Car" part of his crusade to get unfinished freeways in California finished. In early 1980, the state committed $39 million to finish the interchange, and in 1982, it opened. >>
Jerry Brown was governor during 1980-1983. How is this coin related?
TRUTH