stolen credit card

[astriegel]

What is the name of your state? Alabama
My husband and I applied for and received a dept store credit card. The card was sent to the wrong address and an old neighbor recieved and used the card. We were notified and cancelled that account. The dept store sent us a different card with a different account number to use. We signed all of the papers that they sent saying that we were not liable for the stolen card's charges. In June 2006 on our statement appeared 2 of the charges originally on the stolen card totalling $700.00. This error put our account over the limit. We called and the company said that they would look into it. The charges that appeared had the name of the woman who stole the card and both were for $350.00. They also had a transaction date of March 2006 we did not receive our new card until April of 2006. The charges were not posted until June of 2006. I sent in a small payment thinking the error would be fixed by July. In the July statement the charges were still present and the minimum payment had grown to $900.00 that they wanted immediatly. When my husband called the investigator said the charges were valid and that we were accountable for them. He has a short temper and shortly after argueing with this woman he hung up. I sent an email to the company and they never responded so then I wrote a letter in July 2006 to the billing dispute office and include all our phone numbers, email addresses and street address to contact us. They have not responded. We did receive a call saying that the account has been turned over to collections but no reasons why. Is there anything that we can do? Do we have a case? Do I need a lawyer?What is the name of your state?

[Ladynred]

Have you filed a complaint agasint this thief neighbor with the police ?? That should have been one of your FIRST actions to protect yourself. Further, if your communications with the credit card were NOT in writing, then you blew it there too - if it's not in writing, it never happened - and you have NO paper trail. Billing Disputes must be handled, IN WRITING, within a set period of time. You may have waited too long, but look at the terms of your agreement to find out EXACTLY how much time you have to dispute.

They sent the bill to collections because it's not getting paid.. no mystery in that.

File charges against the neighbor and get a lawyer to handle the credit card company.

[JETX]

Originally Posted by Ladynred

look at the terms of your agreement to find out EXACTLY how much time you have to dispute.

That 'right to dispute' a credit charge is provided in the FCBA (Fair Credit Billing Act), NOT in the terms of the agreement. And the time is 60 days from the date of initial billing.
This is covered in 15 USC 1666(a) at the following:
[url]http://www4.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001666----000-.html[/url]

[Ladynred]

On EVERY single credit card agreement I've EVER had the terms of what and how to dispute (under FCBA) ARE appear. They also appear on the back of every single statement I've ever seen.

Seems your pit bull attitude is turned on high today, you want to attack every thing I say. Geez..

[JETX]

Originally Posted by Ladynred

On EVERY single credit card agreement I've EVER had the terms of what and how to dispute (under FCBA) ARE appear. They also appear on the back of every single statement I've ever seen.

Seems your pit bull attitude is turned on high today, you want to attack every thing I say. Geez..

LIR.... you are the one who seems overly 'sensitive'. You have made several general statements on the forum today which are not specifically true. And yes, I have corrected you on them.
Simple thing..... if you are accurate in your posts (as you are in most of them), I don't have to correct.

Example in this case. You said, "look at the terms of your agreement to find out EXACTLY how much time you have to dispute".
The FACT is... the terms of the agreement have NOTHING to do with the time allowed to dispute. That time is set in the Fair Credit Billing Act. And yes, it MIGHT be in a terms of agreement.... and it could be possible that a particular issuer grants the cardholder LONGER than the FCBA maximum.... but the REAL answer remains in the FCBA.

[astriegel]

Thank you guys for your help. We did file a police report against the neighbor as soon as we were notified of the theft and cancelled the old account. I did make a copy of the letter I sent to the billing disputes office. Ok I looked at my agreement and it says I have 60 days from the date of the statement in question to write to them. The statement is dated 6-07-06 and I sent the letter on 7-28-06 so I should be in that time frame. It also says that they have 90 days to answer the letter and during that time that they cannot report the account as delinquent ; which they have it is already on our credit report. Again thanks for all of your input.