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 06-17-2003, 02:34 AM
kado
Guest
 
Posts: n/a

credit card problem!!


What is the name of your state? Missouri / Texas when card was aqquired.

moved to MO in 2000, called CC company to change address; address wasn't changed and account was sent to collection agency. They want full payment or nothing, so I added that CC to the other bills I was consolidating.Consolidation company got the collection agency to send back to CC company and payments on account have been made sine 2001...my problem is I cannot get the CC company to send me a monthly statement, or get the current balance on the account. I've sent 3 letters and no response. I've estimated when I think the account will be paid off, can I quit sending payments without it hurting my credit again??
  #2  
Old 06-17-2003, 07:40 AM
Senior Member
 
Join Date: May 2001
Posts: 6,450
You need to assert your rights under 304 of the FCBA:

[url]http://www.ftc.gov/os/statutes/fcb/fcb.pdf[/url]

Do this in writing and send it CRRR.
  #3  
Old 06-18-2003, 12:39 AM
kado
Guest
 
Posts: n/a
may be a silly question....but what is the CRRR??? I will gladly do everything I need to do to clear this up!! It is getting VERY frustrating! Thanks for your suggestions!
  #4  
Old 06-18-2003, 12:44 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by kado
may be a silly question....but what is the CRRR??? I will gladly do everything I need to do to clear this up!! It is getting VERY frustrating! Thanks for your suggestions!

My response:

Certified Return Receipt Requested.

You go to the post office, ask for the forms, fill them out, pay the extra postage.

Simple.

IAAL
  #5  
Old 06-18-2003, 12:47 AM
kado
Guest
 
Posts: n/a
AAAAAAHHHHHHHH......gotcha!! Thanks!! was planning on sending it that way...just did'nt get the "CRRR".
  #6  
Old 06-21-2003, 10:12 PM
Accntman
Guest
 
Posts: n/a
I am a collector for a credit card company

Actually I bet if you look at the terms and disclosures for the credit card you will see that they are not required to send you a statement it is a courtesy and as long as there is a balance a payment is required. Once the credit card company has stopped receiving payments from the debt management company and you miss three payments you have made the agreement between the credit card company and the debt management company null and void. Interest is added which right now is 23.99%, penalties fees are added, and negative reportings to credit bureaus happen again. You brought yourself this far why put urself back in the hole again. You say that you have sent letters why have you not called and got the balance. Are you sending your letters to the correct address, I get this complaint from alot of customers that have said that they sent a letter and never received a response and what is happening is they are sending the letter to the payment processing center that is run by computers. Call the company to get the balance or call and get the address for correspondence or go online find the address on the company website. if you are sending it to the payment processing center then sending it crrr won't help either, the person will sign for it and then throw it in the bin with all the other payment envelopes where it is opened and processed by the computer unless the letter happens to jam the machine, a human will never see your letter. You will also see in the terms and disclosures that any request in writing needs to be sent to the correspondence address.
  #7  
Old 06-22-2003, 11:03 AM
Senior Member
 
Join Date: May 2001
Posts: 6,450
Accntman,

DId you ever read the FCBA? Federal law supercedes a credit card companies policy. Sending statements is not a courtsey.
  #8  
Old 06-22-2003, 01:34 PM
kevinss
Guest
 
Posts: n/a
Statement: if you are sending it to the payment processing center then sending it crrr won't help either, the person will sign for it and then throw it in the bin with all the other payment envelopes where it is opened and processed by the computer unless the letter happens to jam the machine, a human will never see your letter.

Response: and you know what that's called? Negligence.
Furthermore, why would the debtor want to call the card company? So their phone computer system can harvest the number they're calling from and allow them to harass the debtor more easily? Exactly.
  #9  
Old 06-22-2003, 10:37 PM
Accntman
Guest
 
Posts: n/a
it is not negelince, it is stated in the terms and disclosures where to send correspondence. It is not the job of the payment processing center to read letters. If correspondence dept is put on the envelope then they will forward it. But if you just have the name of the company on the envelope and then it is looked at as a payment being sent. and put in the bin. Thanks for the telling me to look at the FCBA. It does state to take advantage of the consumer law to make sure you send all your written inquiries to the correspondence address certified mail and not the payment processing center.

Also if he is worried about phone number being picked up he needs to call from another number. At this time his account is not deliquent because the debt mgt co has been sending payments. Also we do not know how deliquent he was when he changed his address. He could of changed it but if it was done right before the account charged off. Then that was why it was sent to a collections agency and when they had to purge the account back in the system it defaults back to the original address that was on the account. Also when he called he was notified of status of account. Also when he called to change his address he should of told them to credit his account all the late and overlimit charges and also if he would of made a payment to bring account uptodate. His account could of been reage to show that he was never late and the negatives removed off of his credit report due to address problems.

The statements are a courtesy is listed in your terms and disclosures and on the back of the statement, this pertains to the company I work for do not know if other credit cards have this included in there disclosures When people call me and state did not receive there statements I always verify first if the address is correct. If the address is not correct I correct it and remove all penalty charges. If the account is about to bill I ask them if they would like to make a payment to prevent this, if they want to see there statement I fax it to them. But there are customers who addresses are correct and no return mail status on the account and claim month after month they do not receive there statements. That is when I tell them that statements are a courtesy and they have been adviced the status of account.

I was just telling the guy so that all this money he has paid on his account is not wasted and he is not back at square one
  #10  
Old 06-22-2003, 11:13 PM
kado
Guest
 
Posts: n/a
I have sent letters to the customer service address on the statement, I also got a customer service address off their website and sent letters there. I have tried calling to get the balance. I ve been told that it was "in collection" and they didn't have that information, i explained what had happened and that the acount was sent back to them, they put me on hold and passed me to another person for me to explain it to...they would try to help and pass me to someone else...and finally about the 5th person i explained it to told me to try back in 90 days because the account probably wasn't "in the system" yet. SO, I waited and called back after about 3 months, had the person's name that told me that...and of course the person i get this time has never heard of that person, and they told me wrong information...but this new person couldn't seem to find my account either and was just RUDE about the whole situation, put me on hold, and passed me on to someone else...and after the 3rd person went to put me on hold, I just had to hang up. That's when i tried the letter writting route, I was tied of being passed around when all I'm doing is tring to get my billing straighten out so i can pay it off. bigun, I did look up the FCBA on the internet and I agree with you after reading it and doing some research, the Federal government regulations regulate the "terms & conditions" and according to the FCBA they have to send a statement showing payments being credited to your account and anything with a balance over $1.
I do not want my account to go backwards since I have come this far and it's within $500 of being paid off, but at the same time how do i know if I overpay the accout???and will they send it to me??? they don't sent me anything else!!! This is the last bill in the consolidation, and I just want to get it over with, without overpaying it! Thanks for all your advice it's all good and very informative for me and I greatly appreciate it, if you can think of anything else, please...let me know!! Oh, I also looked up the company on the BBB and they have a very poor rating for handling complaints and billing issues, so it looks like I'm just screwed all the way around!
  #11  
Old 06-22-2003, 11:30 PM
Accntman
Guest
 
Posts: n/a
Ask if they have a recovery dept could be because the account was sent to a collection agency it is not in the customer service database or the collections database. When people call in and I can't pull up the account I ask them if they know how deliquent the account is, I then call the recovery dept and ask if they can pull up the account, and alot of times they can. Yeah if they are not responding in 30 days then yeah that is a violation fill a complaint with the federal agency and the BBB and you have a case so you don't own anything and can receive up to a 1000.00
If you have overpaid on the account since the credit card is closed then they will send a check for the credit.
  #12  
Old 06-23-2003, 12:01 AM
kado
Guest
 
Posts: n/a
I am going to send payments until I feel it is paid off, and if I don't hear from them after the 30 days. If I file a complaint with the FTC and BBB, and there is still a balance on the account, what would happen then? And how can I be sure they will send me any overpayment if I can't be sure they have my correct mailing address? this has been such a frustrating ordeal!! thanks for your advice and insight!!
  #13  
Old 06-23-2003, 08:12 AM
Senior Member
 
Join Date: May 2001
Posts: 6,450
You're not handling this right Kado. Don't drop the ball. Yes, complain to the FTC.
Next, send that letter quoting the FCBA. If you get no response after 30 days, send it again.
No result, we'll help you find a lawyer or, file your own small claims lawsuit.
Get your credit reports and, see how this is being reported. Who is the cc company. SOme are under fire for their business practices.
  #14  
Old 06-23-2003, 09:14 AM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
I'll add one more thing to this. I was once told by a credit card CSR that if I wanted a HUMAN BEING to see any correspondence sent to them to send it in an OVERSIZED envelope. Those will not go thru their machines and must be opened by a human body !

I would go a couple of steps further. You've been given the run-around and your mail is being ignored. Its time to stop dealing with the peons and phone drones in customer service. Get the name of a higher-up in the organization and send your letters certified, RRR, or use FedEx.

You might want to try putting your complaint over on [url]www.planetfeedback.com.[/url] Complaints filed there often get quick responses from more executive-type company people.

Its definitely time to take off the kid gloves and put on the boxing gloves - someone needs a punch in the nose !!!
__________________
"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.
  #15  
Old 06-24-2003, 12:42 AM
kado
Guest
 
Posts: n/a
I've already sent a letter, waiting for the reciept to come back. I've tried looking for a "higher up" address to complain to, but can't seem to find anything worth using! The credit card company is Citibank. I don't want to drop the ball and have this blow up in my face, I just want to get the balance and get it paid off, i know I'm close and it should only be a few more months of payments (maybe to December), I'm just afraid now if I over pay, they won't send me back the money, since they don't seem to have my current address, and how will I know if I did overpay!! Thanks bigun for all your help, it's really helping keep me from going NUTS!!
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 11:10 AM.



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.