Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-13-2007, 03:11 PM
Junior Member
 
Join Date: Mar 2007
Posts: 12

Credit card notifications and charge off


California,

Are credit card companies obligated to inform clients of action that will be taken with an account, such as that its going to be sent to collection or charged off? My CC company did NOT send my statements for 3 months due to a 'system's error', which they acknowledged in a letter. I did receive the '4th statement' which made no reference to actions or charge off. I made the payment before the due date on that 4th statement. However, in the interim they charged-off my account and it is being reported to Credit Bureaus. I'm willing to pay my balance, but disputing the charge off. What are my options? I've received several letters apologizing for the system error and inconvenience, but they do not want to reverse the charge-off. I read somewhere that they are supposed to inform the cardholder of actions, either as a note on the statement or in a letter. Because they did NOT send the statements, obviosly they failed to notify me prior to the action.
  #2  
Old 03-13-2007, 07:57 PM
Senior Member
 
Join Date: Jan 2005
Posts: 2,336
I read somewhere that they are supposed to inform the cardholder of actions, either as a note on the statement or in a letter.
Where did you read this? While it is certainly typical that you would receive numerous collection calls, I don't think they are required to do anything.
My CC company did NOT send my statements for 3 months due to a 'system's error'
I presume you realized you were not getting statements and that you knew you owed money. Why didn't you call them?
I've received several letters apologizing for the system error and inconvenience, but they do not want to reverse the charge-off.
My guess is they realize they made a mistake but also believe that you just sat there waiting to see if they would ever catch up with you. In that case, they feel you should share the fault.

My recommenation would be to write a polite letter to the president of the credit card company, enclose copies of the letters of apology and ask that as a gesture of goodwill the delinquency be removed from the credit report. Your request will carry more weight if you pay what you owe first.
  #3  
Old 03-15-2007, 04:57 PM
Junior Member
 
Join Date: Mar 2007
Posts: 12

CC card notifications


Thank you,

I'm trying to track down where I read that CC companies are supposed to inform cardholders of actions that will be taken. This notification is usually included in the card statement (but can also be a letter).

I'm afraid of paying the debt, because then I wouldnt have any leverage. Its only $300.

Thanks
Stalin
  #4  
Old 03-15-2007, 07:27 PM
Senior Member
 
Join Date: Jul 2005
Location: Missouri
Posts: 3,807
Quote:
Originally Posted by stalin73 View Post
Thank you,

I'm trying to track down where I read that CC companies are supposed to inform cardholders of actions that will be taken. This notification is usually included in the card statement (but can also be a letter).

I'm afraid of paying the debt, because then I wouldnt have any leverage. Its only $300.

Thanks
Stalin
What could possibly make you think you have any leverage now?
__________________
Three books every person should read cover to cover at least once: The Richest Man in Babylon, The Complete Works of Shakespeare and the King James Bible. -- If you can't learn how to live a happy successful life from those books, you are beyond hope.

Quote:
OP needs counseling...not a court house. --Zigner
  #5  
Old 03-15-2007, 08:59 PM
Junior Member
 
Join Date: Mar 2007
Posts: 12
I really dont have any leverage...

but perhaps we can stick to the main point of the question... whether Credit Cards are supposed to inform/notify cardholders of actions that will be taken. Usually they would say that they notified the card holder via a letter or the statement, but in my case, they never sent the statements.

Thanks
  #6  
Old 03-15-2007, 10:31 PM
Senior Member
 
Join Date: Jul 2005
Location: Missouri
Posts: 3,807
Quote:
Originally Posted by stalin73 View Post
I really dont have any leverage...

but perhaps we can stick to the main point of the question... whether Credit Cards are supposed to inform/notify cardholders of actions that will be taken. Usually they would say that they notified the card holder via a letter or the statement, but in my case, they never sent the statements.

Thanks
asked and answered
__________________
Three books every person should read cover to cover at least once: The Richest Man in Babylon, The Complete Works of Shakespeare and the King James Bible. -- If you can't learn how to live a happy successful life from those books, you are beyond hope.

Quote:
OP needs counseling...not a court house. --Zigner
  #7  
Old 03-15-2007, 11:36 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
whether Credit Cards are supposed to inform/notify cardholders of actions that will be taken.
No, they do not. What happens when payments are not made is spelled out in your card holder agreement - that incomprehensible 35-page 2 point text document. Look for the section that deals with default, that is all the notification consumers get and all they have to provide.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #8  
Old 03-16-2007, 03:50 PM
Junior Member
 
Join Date: Mar 2007
Posts: 12
Thank you...
Appreciate a succinct and direct response. Not the usual sarcasm some others employ.
Thanks
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:31 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.