Disputed charge on CC, bank not handling timely or properly.

[Rexlan]

What is the name of your state? Virginia

I ordered an item with advertised specifications on a Chase CC. Merchant is in CA and I am in VA. Item arrived and was incorrect.

I sent photos and merchant issued a call tag, item returned and replacement item was shipped. Replacement item was also wrong and not what I ordered and did not conform to the advertised specification. Merchant refused issue credit or to send correct item. Merchant said I must pay to return second item and pay a restock charge. I offered to allow merchant to issue a call tag to return the item and credit my card. They refused. I finally disputed the charge with the issuer and submitted the proper documentation. I still have item in new condition.

More than 90 days passed with no communication. Shortly thereafter I received (by express mail) a copy of the merchant reply to Chase that was now 45 days old and a request for any additional documentation I may have in support of my dispute. I was allowed precisely 1 day (lol) to provide the information, based on the dates. I also ordered and received from a different merchant the desired item.

I prepared a second packet with copies of original advertising and details of received item with photographs showing it was incorrect. Mailed the following day and I also faxed the letter portion with a note that the supporting documents had been mailed.

Two days later the CC issuer (Chase) re-billed the charges (before they received or reviewed the supplemental documentation. I followed up with another letter asking why and was advised that I had failed to submit any documentation to support my dispute. I have return receipt of the material, which was sent a total of 3 times. The difficulty is that the people handling the dispute have apparently never really looked at or reviewed the documentation.

The CC account was used about $40K annually, never late and always paid in full monthly …. 15 years of history. I instructed Chase to close the account if they were not willing to honestly review the dispute and that I would not pay the charge until I had a fair review. I expected some loyalty from Chase.

Questions:

Can Chase collect the disputed amount after failing to settle the dispute within 2 billing cycles or 90 days? I think the is the fair credit act but I’m not clear if this applies to Chase or the merchant. I am still willing to let the merchant claim the item but I will not pay for it or send it to the merchant on my account. The merchant is dishonest.

How can I get a name or contact person to speak with at Chase? I have had no luck getting past the incompetence of their people to date even though I have asked that this be submitted to a supervisor.

Are there any other options available to me to nudge Chase into dealing with this objectively? I don’t need credit so I can't be intimidated, but I also don’t care to have to fight with this either. I have already stopped using thei card.

Thanks

 

[Debt Guy]

Can Chase collect the disputed amount after failing to settle the dispute within 2 billing cycles or 90 days? I think the is the fair credit act but I’m not clear if this applies to Chase or the merchant. I am still willing to let the merchant claim the item but I will not pay for it or send it to the merchant on my account. The merchant is dishonest.

You need to read all the fine print on the back of your credit card statement and in the cardholder agreement. It describes exactly what you must do and how you must do it in order to "perfect" you dispute. If you did not follow the exact procedures, you will have lost a lot of control. The process is governed by the Fair Credit Billing Act -- you can download and read from the FTC website.

As I read this, your beef is with the merchant. Chase is really the middleman. You are basically asking Chase to take your side against that of the merchant. Chase really wants to stay out of the fight as they have no way to know who is right and who is wrong.

How can I get a name or contact person to speak with at Chase? I have had no luck getting past the incompetence of their people to date even though I have asked that this be submitted to a supervisor.

I am surprised. I've never had difficulty talking to a supervisor. All you need to do is call the customer service number and ask to speak to a supervisor. You may be on hold a while waiting for one to be available. They are not very good at returning calls.

Are there any other options available to me to nudge Chase into dealing with this objectively? I don’t need credit so I can't be intimidated, but I also don’t care to have to fight with this either. I have already stopped using thei card.

Well, now there is a problem. You don't care to fight. That takes away a lot of options. Nice does not solve a lot of problems of this nature.

I still say this is not a Chase problem -- but that is just my opinion. Your beef is with the merchant.

You can write complaint letters to Chase but I would not expect much. If you think legal action is appropriate, you need to really closely read all that fine print in the cardholder agreement and the Fair Credit Billing Act first. I'm of the opinion that you really don't have a legal case against Chase. You may have one against the merchant.

The ultimate punishment for Chase is to close the account.

If you use a card for the convenience of business purchases, it is hard to beat American Express. I've always found their service to be first rate and well worth the annual fee.

 

[Rexlan]

The proper procedure has been followed and I agree that the dispute is with the merchant, whom I can not control other than via the credit card, and was not originally with Chase. However, as I understand it Chase has an obligation to mediate the dispute.

I guess my real question is if the language in the FCBA stating that the matter must be resolved (or it is uncollectible) within 2 cycles or 90 days after notice applies to Chase? The manner in which Chase has handled this is unprofessional and it certainly has not be timely.

Thanks

 

[Debt Guy]

I guess my real question is if the language in the FCBA stating that the matter must be resolved (or it is uncollectible) within 2 cycles or 90 days after notice applies to Chase?

I don't remember. Download and read it for yourself.

If you really think that Chase has committed a violation of the FCBA, all you can do is file a lawsuit. There are no "billing dispute" cops.

The manner in which Chase has handled this is unprofessional and it certainly has not be timely.

Then fire them.

 

[Rexlan]

Brilliant!

 

[Debt Guy]

Rex

I know you are being a smartmouth. I tried to help you and you did not like what I had to say.

Exactly what did you expect?

You have already got your mind made up that none of this is your responsibility. You are asking highly technical questions about a federal law. If you are competent enough to have a $40K credit card, I assume you are smart enough to read the law for yourself.

If this is important to you, stop asking the opinions of strangers on the internet and go find yourself an attorney. Try naca.org.

Geez.

 

[Rexlan]

My, my for someone who promotes themselves as a professional in this field you really don't have much to offer. This is not a matter of me not liking what you say or refusing responsibility. I am a long way from broke and didn't get there by not being responsible.

What is so difficult about simply saying you don't know. In the alternate, why post if you don't know or if you want to just say read the law? That is brilliant.

Originally this was a Merchant problem; however, if you can read, you should see that the issue I asked about is with Chase, not the merchant. The law was put in place exactly for the reasons I am complaining of. I don't think it is a highly technical question; however, it is one that I'm not clear about and someone with experience in the field should know the answer.

Perhaps if your are in the business you should read the law for yourself so that you won't make a pest of yourself trying to collect a debt that is uncollectible. As you should know, that would be a violation. Consider it as continuing education.

Thanks anyway