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Being Sued by American Express for charges I didn't authorize

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rasbury

Junior Member
What is the name of your state?KY
I am asking this on behalf of my brother. He used to buy arcade games, juke boxes, and pinball machines for resell. He did business with a company in Florida who sold arcade games quite a bit. He spoke by telephone with the man at this FL company one day in early Feb. 2003, about a specific upright cabinet which encased two separate games. (I can't recall the names of the games).

Anyway, this guy told my brother that he could build the games he was interested in for a certain price. My brother was very interested until the man told him these games couldn't be resold. The only way money could have been made off of them would have been to set them up in arcade rooms, bowling alleys, etc, for the public to play as coin-ops. The man further stated that Namco, the actual maker of the game software, did not license this particular machine. (This is the reason they couldn't be resold. They would have been bootleg machines). My brother told him then he wasn't interested as his intentions were resell if purchased.

He thought that was that and he had no further dealings with this company because of it's selling of illegal bootleg items.

The next thing you know, in late Feb., and March, 2003, he received his American Express statements with charges totaling $11,650, dated between late Feb. and March 17, 2003, from this FL company. He called the arcade company first and the man was screaming at him, stating he had ordered the games and he would have to pay for them. My brother said he didn't order them and he had no use for illegal games, and they went back and forth arguing. (This company had his credit card # on file because of previous purchases).

To try to cut this short, my brother immediately filed a dispute with American Express. It was denied. He never authorized the charges nor did he ever receive the games. Not even one of them. Over the course of 2003, he filed four different disputes with American Express. AE had, during that time, denied his use of the card, stating he had went over his limit. This action, in short, caused him to quit this business entirely. Since January 2004, he hasn't heard another word and hasn't received another statement from American Express. He assumed they finally accepted his disputing the bill and probably just closed his account entirely. He was wrong. He received a summons the other day. AE is suing him for the entire amount + interest.

What can he do? He did not authorize the charges, nor did he receive any goods. Does he need to retain an attorney? :confused: He has his records where he disputed the charges. Thank you in advance for any advice.
 


djohnson

Senior Member
You should never assume, he should have known. Why did they deny his disputes? Did he actually receive the machine? He needs to send AMEX CRRR a letter asking for validation. Letting it go this far, he has very little chance of stopping it. He may have to turn around and sue the original person that made the charge.
 
S

seniorjudge

Guest
rasbury said:
What is the name of your state?KY
I am asking this on behalf of my brother. He used to buy arcade games, juke boxes, and pinball machines for resell. He did business with a company in Florida who sold arcade games quite a bit. He spoke by telephone with the man at this FL company one day in early Feb. 2003, about a specific upright cabinet which encased two separate games. (I can't recall the names of the games).

Anyway, this guy told my brother that he could build the games he was interested in for a certain price. My brother was very interested until the man told him these games couldn't be resold. The only way money could have been made off of them would have been to set them up in arcade rooms, bowling alleys, etc, for the public to play as coin-ops. The man further stated that Namco, the actual maker of the game software, did not license this particular machine. (This is the reason they couldn't be resold. They would have been bootleg machines). My brother told him then he wasn't interested as his intentions were resell if purchased.

He thought that was that and he had no further dealings with this company because of it's selling of illegal bootleg items.

The next thing you know, in late Feb., and March, 2003, he received his American Express statements with charges totaling $11,650, dated between late Feb. and March 17, 2003, from this FL company. He called the arcade company first and the man was screaming at him, stating he had ordered the games and he would have to pay for them. My brother said he didn't order them and he had no use for illegal games, and they went back and forth arguing. (This company had his credit card # on file because of previous purchases).

To try to cut this short, my brother immediately filed a dispute with American Express. It was denied. He never authorized the charges nor did he ever receive the games. Not even one of them. Over the course of 2003, he filed four different disputes with American Express. AE had, during that time, denied his use of the card, stating he had went over his limit. This action, in short, caused him to quit this business entirely. Since January 2004, he hasn't heard another word and hasn't received another statement from American Express. He assumed they finally accepted his disputing the bill and probably just closed his account entirely. He was wrong. He received a summons the other day. AE is suing him for the entire amount + interest.

What can he do? He did not authorize the charges, nor did he receive any goods. Does he need to retain an attorney? :confused: He has his records where he disputed the charges. Thank you in advance for any advice.

Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL
http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!
 

rasbury

Junior Member
djohnson, no, he never received any machines from this company that he didn't pay for. Honestly. The big argument between them was that the guy in Florida said my brother did order these games be built, but he didn't. None of the games were ever shipped to him either.
I figured he probably waited too long on this. He's the worst procrastinator in the world (ignore it and it will go away). I've told him and told him for years to take care of business. :mad:
He's probably going to have to sue the Florida company, as you said. Wouldn't they have to show proof that games were actually shipped to him then? The amounts charged on his card should have purchased several games.

seniorjudge--thanks for the info and the websites. I will check them out for him. Lord knows he doesn't know what to do. :)
 

Happy Trails

Senior Member
If he disputed it with the CC company and they settled in the favor of the merchant, then you would have to sue the merchant for not sending the merchandise out. You would have to go to Florida.

You could sue in small claims court (limited amount), but if you wanted to sue for the whole amount you would have to go to civil court. Make sure you check SOL.
 

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