M
MsChris
Guest
Hello
I have a question regarding credit card charges: Back in December 2000 I ordered a computersystem from one of those TV sales programs. Computer Videostore/Computer personalities. The financing went thru MBNA America, however, I paid for a portion with a Credit Card. In January of 2001 I received a card from Computer Personalities saying that shipment would be delayed. I placed a call to them to inquire as to the time of delay. I was advised that I was on the list for shipment within the week. When I did not receive anything, I called again in February, and I was advised that there were problems with the vendor and if I would consider a different system. Upon checking the new offer, and since on 4 January a housefire completely destroyed all the equipment I had owned, I agreed to change the order to the newly offered system. I was advised that there would be a shipping time of up to 8 weeks again. I had also asked about the finance charges, that were in the meantime accruing at the bank/cc and I was assured that the company would reimburse those charges once the system was delivered so an accurate return of interest could be figured. I was told that if I were to dispute with the bank/cc, that would constitute a cancellation of the order and nothing would be reimbursed. I don't know exactly what prompted me, but on 26 Mar 2001 I decided to call MBNA. I spoke with one of the supervisors, who told me that Computer Personalities had filed bankruptcy. I went to their website, which showed an announcement to that fact. They had filed 3 days earlier (23 Mar). Initially MBNA's Consumer Finance Division informed me that "the timeframe for diputing these charges had expired" and that they were unable to "persue a credit on my behalf". However, on closer investigation, they realized that this rule didn't apply, since I was on deferred payment status, which meant that my 60 days (which was not mentioned anywhere) did not start until 3 months after the loan was approved (lucky for me-what a fight though). Although I have explained to the Credit Card Co what had ensued, they insist that when I initially called, it was already too late to dipute the charge, which was in the amount of $231.00. (60 days). My first contact with them was within 60 days, at which time I requested a dispute form be sent to me (just in case). I did this online, but they would actually have to send me the form, since they do not give this option on line. I never received anything. However the contact is recorded. When I called again (I believe it was the same day I called MBNA on 26 Mar), they said they would resend me this form. I have not received anything to date. They also advised me to put my grievance in writing axplaining all the circumstances. I faxed this document and received a verification that it had been received and that the matter would be looked into. This correspondence is dated 24 April 2001. I have not heard anything else. Incidentally, any time there has been any kind of contact, it has been initiated by me, even when a response would have been required by them, with the exception of the acknowlegement that they received my grievance. The CC Company is with Providian National Bank, Visa.
I guess my question is: Can this 60 day clause be applied on a "blanket" basis by these institutions without exception, deeming the consumer SOL, no matter what the circumstances, or is this a cloak they hide behind and get away with because the average John/Jane Doe just simply cringe and swallow the loss when these gods have spoken? I remember hearing and reading of rules certain institutions have made and applied, which were deemed "unethical" and "invalid" by courts, once challenged.
So there it is. I apologize for being so lengthy, but I felt it necessary to "tell the whole story", as not to distort the picture of the situtaion.
Some insight into these matters would be greatly appreciated.
Sincerely
Christel McDonald
TX, USA
I have a question regarding credit card charges: Back in December 2000 I ordered a computersystem from one of those TV sales programs. Computer Videostore/Computer personalities. The financing went thru MBNA America, however, I paid for a portion with a Credit Card. In January of 2001 I received a card from Computer Personalities saying that shipment would be delayed. I placed a call to them to inquire as to the time of delay. I was advised that I was on the list for shipment within the week. When I did not receive anything, I called again in February, and I was advised that there were problems with the vendor and if I would consider a different system. Upon checking the new offer, and since on 4 January a housefire completely destroyed all the equipment I had owned, I agreed to change the order to the newly offered system. I was advised that there would be a shipping time of up to 8 weeks again. I had also asked about the finance charges, that were in the meantime accruing at the bank/cc and I was assured that the company would reimburse those charges once the system was delivered so an accurate return of interest could be figured. I was told that if I were to dispute with the bank/cc, that would constitute a cancellation of the order and nothing would be reimbursed. I don't know exactly what prompted me, but on 26 Mar 2001 I decided to call MBNA. I spoke with one of the supervisors, who told me that Computer Personalities had filed bankruptcy. I went to their website, which showed an announcement to that fact. They had filed 3 days earlier (23 Mar). Initially MBNA's Consumer Finance Division informed me that "the timeframe for diputing these charges had expired" and that they were unable to "persue a credit on my behalf". However, on closer investigation, they realized that this rule didn't apply, since I was on deferred payment status, which meant that my 60 days (which was not mentioned anywhere) did not start until 3 months after the loan was approved (lucky for me-what a fight though). Although I have explained to the Credit Card Co what had ensued, they insist that when I initially called, it was already too late to dipute the charge, which was in the amount of $231.00. (60 days). My first contact with them was within 60 days, at which time I requested a dispute form be sent to me (just in case). I did this online, but they would actually have to send me the form, since they do not give this option on line. I never received anything. However the contact is recorded. When I called again (I believe it was the same day I called MBNA on 26 Mar), they said they would resend me this form. I have not received anything to date. They also advised me to put my grievance in writing axplaining all the circumstances. I faxed this document and received a verification that it had been received and that the matter would be looked into. This correspondence is dated 24 April 2001. I have not heard anything else. Incidentally, any time there has been any kind of contact, it has been initiated by me, even when a response would have been required by them, with the exception of the acknowlegement that they received my grievance. The CC Company is with Providian National Bank, Visa.
I guess my question is: Can this 60 day clause be applied on a "blanket" basis by these institutions without exception, deeming the consumer SOL, no matter what the circumstances, or is this a cloak they hide behind and get away with because the average John/Jane Doe just simply cringe and swallow the loss when these gods have spoken? I remember hearing and reading of rules certain institutions have made and applied, which were deemed "unethical" and "invalid" by courts, once challenged.
So there it is. I apologize for being so lengthy, but I felt it necessary to "tell the whole story", as not to distort the picture of the situtaion.
Some insight into these matters would be greatly appreciated.
Sincerely
Christel McDonald
TX, USA