Elder Financial Abuse Credit Card

L[Deactivated] on 19/04/2025 - 14:52

Good afternoon all,
I am supporting an older gentleman that is unfortunately a victim of financial abuse to the tune of close to $300,000. He has severe dyslexia and can't read or write. I supported him in attempting to cancel his credit card which he had never used. OP was the secondary card holder. We contacted their domestic violenceThe next Chapter team )commonwealth bank ) they told us that we needed to get permission off OP before he could cancel the card which seems so absurd given she had racked up over $40,000 and took $$ out of his account to pay it. We reported it stolen and stated he didn't want a replacement. She then rang and asked for a replacement card and received it and continued the spending. How can banks let this happen. This is the same bank that didn't put a freeze on a joint mortgage when paperwork to do so was filled out and submitted and the OP was able to withdraw over $100,000..

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  • monky on 19/04/2025 - 14:58
    +1

    Because banks are corrupt and greedy.

    /thread

    • Bunnyburger on 21/04/2025 - 11:35

      Nonsense! It's the account holder's fault for not reading their e-mail!

  • frondono on 19/04/2025 - 15:10
    +8

    there's a lot of government websites about it. might even be a police issue. do some googling.

  • JimmyF on 19/04/2025 - 15:18
    +21

    Your post is very confusing.

    I supported him in attempting to cancel his credit card which he had never used. OP was the secondary card holder.

    Who is the OP? The person you support or someone else?

    OP generally means original poster/original post. So this makes it confusing.

    If the person you are supporting is the secondary card holder, then throw the card out. Nothing you need to do as the account isn't in their name but someone elses.

    If the OP is someone else who is a secondary card holder, then the person you are supporting needs to call up and cancel the card/account.

    This is the same bank that didn't put a freeze on a joint mortgage when paperwork to do so was filled out and submitted and the OP was able to withdraw over $100,000..

    Why would they freeze a joint mortgage? It is a joint account, the best you can do is turn on dual sigs to withdraw money.

    At the end of the day, when these two separate, the assets are split at the time they separated, so while someone thinks they can suck out $100k and keep it, it will be balanced up at the end of the day.

    • GordonD on 19/04/2025 - 15:27
      +2

      I don't think the OP of this thread is talking about themself.

      Presumably in this case OP = Other Person?

      • JimmyF on 19/04/2025 - 15:36
        +2

        I don't think the OP of this thread is talking about themself.

        I guessed they had been talking about the ex partner, but generally OP isn't used for other person in forums so makes it confusing :)

      • BuyoTheCat on 19/04/2025 - 15:48
        +6

        We need an Ms paint diagram

        after reading it a few times, this is my inference.
        OP is alleged perpetrator (AP) is the one taking the money from the elderly victim (EV)
        AP is a female and the secondary card holder.

        ************* PLEASE NOTE THIS IS NOT LEGAL ADVICE **************

        I can see why the bank will not take AP off the secondary card, because AP might be the victim. I would document all the spending, withdrawals, transaction records done by AP
        document the same by EV.

        If this is a joint account or they are in a spousal relationship, this is a matter for family law or at least some help from a social worker.

        the only thing I can think of is, to keep calling to cancel the cards. or to keep freezing the accounts, while you look for a more permanent solution.
        the best things to do is to date and keep all interactions with the bank. If the bank is negligent there is wriggle room for compensation.

        *********** End of non legal advice **********

        • freefall101 on 19/04/2025 - 17:49
          +2

          Yeah, I can see the bank's position on this. The actual OP (the one writing this thread) doesn't appear to be an account holder. The bank is instead listening to an account holder, which makes it their money until proven otherwise.

          The bank is doing the right thing here, without an explicit order from an account holder or a court they're not going to take the word of some random person who calls up and claims elder abuse (even if it is true).

      • Gdsamp on 19/04/2025 - 16:53
        +3

        Au Pair

  • AndyC1 on 19/04/2025 - 16:03
    +4

    Did you call the police to report the abuse?

  • Benoffie on 19/04/2025 - 16:07

    Understand you are in Victoria but this is the SA service. Look for the Victorian equivalent

    https://www.sahealth.sa.gov.au/wps/wcm/connect/public+conten…

    • AustriaBargain on 19/04/2025 - 19:36

      If Victoria is anything like SA, then the actual OP here should probably hire a lawyer. State services are kinda shit. The state really doesn't care if crimes are committed against someone, unless it's murder.

      • ATTS on 21/04/2025 - 17:25

        Did You mean like the state dont care about civil cases?

  • Gunnar on 19/04/2025 - 16:20
    +1

    Where are you located?

    In NSW the NSW and Disability Commission can assist in cases like this

  • joka on 20/04/2025 - 06:52
    +2

    I’m still trying to figure out how it went from a he to a she

    • GordonD on 20/04/2025 - 08:24
      +2

      You may be misreading it.

      "He" is the OG (Older Gentleman).

      "She" is the OP (Other Person).

  • kiitos on 20/04/2025 - 08:27

    Can you close the account?

    • 2esc on 20/04/2025 - 20:30

      The poster i think has absolutely no legal or family connection at all to the older Gentleman.

  • larndis on 20/04/2025 - 08:53
    +2

    Agree the post is very confusing, some clarification would be great. Who is the primary and secondary card holder on the credit card? Who controls the accounts/funds used to pay off the credit card?

    If the victim is the primary card holder, close the credit card. Then there can't be a secondary card.

    If the victim is the secondary card holder, the issue is not with the credit card but maybe access to the victim's funds to pay off the card? Then make sure any direct debits are cancelled and no one has access to the victim's debit accounts.

    • MeesusEff on 20/04/2025 - 14:15
      +1

      Looks the 'abuser' is the secondary card holder, which is odd as to why victim cant cancel. When i was secondary on my mortgage+cc, ANZ wouldn't even let me change anything without talking to my husband, which sucked as he worked during all their open hours.

      • 2esc on 20/04/2025 - 20:28
        +1

        It actually seems odd the lack of information the poster is giving. The second card holder could be fully entitled and the poster has only very very recently come onto the scene and possibly seeing a opportunity? Yes im cynical but have seen older people taken advantage of.

        The poster has given no further information or followvup to questions.

  • 2esc on 20/04/2025 - 09:20
    +2

    Is op a ex or related to the gentleman?

    The older Gentleman has severe dyslexia and can't read or write? Dyslexis makes it really hard but its not dementia. This gentleman had/has money so at some stage had the ability to earn it.

    Are there actual relatives of his you can contact?

    Are you related? Whats your connection?

    The joint card holder may be entitled to assets as we don't know who they are or relationship status.

    "I am supporting an older gentleman that is unfortunately a victim of financial abuse to the tune of close to $300,000". What do you mean by supporting him? He lives in your house? Or do you just bring his mail in when you visit?

    Not giving further clear information makes it impossible to give suggestions or advice.

    If you can't give clear answers perhaps you shouldn't be involved?

    Suspicious?

  • StingyBritches on 20/04/2025 - 11:59

    GOP (Ghosted Original Poster)?

  • Muppet Detector on 20/04/2025 - 15:58
    +1

    If the man can't read or write, how did he qualify for a credit card in the first place?

    The provision of credit is a contract. This type of contract must be in writing, it cannot be a verbal contract to be legally binding.

    A written contract of this nature requires some kind of acknowledgement (usually a signature or mark representing a signature) that they understand the terms of the contract they are forming and that they agree to those terms of the contract.

    If the gentleman didn't understand the contract terms or agree to them, then he lacked the capacity (an essential element of contract formation) and intention to be legally bound (another required element) to form that contract.

    Find out how he managed to get around this hurdle, it could be that there is no legally binding contract for which he is liable.

  • jlv on 21/04/2025 - 08:47

    Forget elder financial abuse.. this post was a punish to read. I mean OP has me lost and confused. Sorry for the loss but if you’re the OP, why does the bank want to hear from you? Good luck

  • [Deactivated] on 21/04/2025 - 09:11

    Apologies to you all, I have MS and somedays I have more clarity than others. I presumed there were no replies as I received no notifications. OP is a legal term for OP. I am in no way related to this gentleman. He filled out all the paperwork for 2 signature approval on redraw but somehow the other party was able to redraw a sizable amount after.He was unable to cancel credit card as they stated the secondary card holder ( other party) had to give permission. Reported it stolen and the OP was able to get a replacement card even though there were alerts on account re situation. Apologies once again if I missed anyones question. I will re read once Im feeling a bit better. I am in no way benefiting in supporting this person. My background is in law and education but now retired.

    • NMC on 21/04/2025 - 10:37

      Since you have a background in law you should be aware that a person with severe dyslexia that cannot read and write is unable to enter into a contract. Why on earth are you posting about this on a bargain website. Call the police, report it to the banks financial crimes division.

    • gromit on 21/04/2025 - 11:12

      The secondary card holder has no rights over the account. Are you sure it is not a joint cardholder account? A Joint cardholder has some legal liability for the account and hence you would need their approval unless you can claim some illegal acts.

      regardless this should be reported as abuse to the police and bank.

  • [Deactivated] on 21/04/2025 - 09:12
    -1

    I meant OP other Party

  • Bunnyburger on 21/04/2025 - 20:51
    +1

    We have to interrogate OP, it's more important than helping!

  • greedy24 on 21/04/2025 - 22:12
    +1

    Long time lurker, first time commenting so please be kind.
    EV = elderly victim. ACH = additional cardholder/other lady.
    CBA credit cards are never joint and if EV is the primary cardholder then they have sole rights and responsibilities for this card.
    The staff were wrong to say you needed the permission of the ACH to close the account.
    When you go to the branch to close the card you will need to pay the card with the payout figure given by staff. The staff will then submit the closure request but it can take 1-2 days for this to be actioned. If either card (or a direct debit) is used before it is closed then it can’t be closed and the process will have to be started again.
    If ACH refuses to stop using the card then you will need to submit the request to cancel the ACH. Don’t need ACH permission for this. Unfortunately while this may stop the physical card the numbers can still be used online. You can then submit a lost card request to get new numbers issued and the ACH won’t have these.
    This should solve the problem.
    If the staff in branch won’t help then ask for a senior staff member, like all businesses there can be varying degrees of knowledge within each team.

  • tenpercent on 21/04/2025 - 22:16

    OP deactivated their account. Hmm

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