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Englishrose

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Englishrose

Junior Member
What is the name of your state? New Jersey I am having trouble getting a credit card to remove a charge that footlocker put on my card in error in california the card COMPANY claims that my card was swiped but this cant be as have my card with me in new jersey .If I pay my bill less the amount that is disbuted and then let them get on with trying to get the money what will happen. can I take them to court ?
 


Veronica1228

Senior Member
Englishrose said:
What is the name of your state? New Jersey I am having trouble getting a credit card to remove a charge that footlocker put on my card in error in california the card COMPANY claims that my card was swiped but this cant be as have my card with me in new jersey .If I pay my bill less the amount that is disbuted and then let them get on with trying to get the money what will happen. can I take them to court ?

What exactly have you done to dispute this so far? Have you contacted Footlocker? Are you certain that there someone didn't take your card (perhaps a kid, or roommate who put it back before you noticed). Do you have any other unfamiliar charges? Did you request a copy of the sales slip? Have you ordered anything on-line? Over the phone?

There are a million things that could have happened here. If your cc company allows this charge to be considered fraudulent, you would still be liable for $50 (or more) of it. Your exact liability amount can be found in your credit card agreement.

Please give us a little more to go on.
 

efflandt

Senior Member
When someone attempted to use my card number to place 3 flower orders to an 800 number (name did not match) the florist immediately reversed the charges, and that prompted the credit card company to also refuse an attempted internet purchase from a Florida travel agency, and advise me of the problem.

The only other unexplained charge was $205 from a Walgreens in Berwin, IL. I asked the credit card company to provide address of the store, date of purchase, and who signed it, because I was on vacation in California when it posted and could not imagine such a purchase from a drug store. The charge quietly went away. The fact that they were already aware of attempted fraud may have helped.

I would certainly suggest that you request from them specifically when and where the charge was made, and a copy of the signature. If you are sure you were not in California then, it sounds like either a glitch in the system or fraud.
--
Not an expert, just a potential victim
 

JETX

Senior Member
Englishrose said:
What is the name of your state? New Jersey I am having trouble getting a credit card to remove a charge that footlocker put on my card in error in california the card COMPANY claims that my card was swiped but this cant be as have my card with me in new jersey .If I pay my bill less the amount that is disbuted and then let them get on with trying to get the money what will happen. can I take them to court ?
This is really simple.... as long as you are still within 60 days of the initial statement showing the charge in dispute, send a WRITTEN dispute of the charge to the card issuer.
This 'right' is provided in the FCBA (Fair Credit Billing Act), '§ 161. Correction of billing errors'.
 

Englishrose

Junior Member
Sorry I did not give enough info . This happend in june of 04 I contacted the cc as soon as I got my statement thay told me to fill in the disbute form on the back of my statement which I did they took the 92 dollars off and said they would look into it .I asked them if I should put a hold on the account But they said no it was just an error of some kind. the next statement it was stiil on and I was told that they were still looking into it .the next statement it was put back on and I got a letter saing this was a true charge that My card had been used in the store in Caliifornia. This was not possible as the card was with me in New Jersey > I am 70years old and dont know anyone in CA.The cc said that maybe one of my grandkids did this But my oldest Grandchild Is a Girl of 13 who live in my upstairs apartment with her parents. I have been in touch wih footlocker lay say to ask the store for a rebate .How do you get a rebate on something you never had.My cc did send me a copy of the reciept the signature was nothing like mine at that point the cc said there was nothing they could do.so I have written to citt bank to see if that helps. there have not been any other charges put on the card so I don't think its fraud thanks for all the input
 

MamaLuna

Member
Case Law

The following is taken from Citiabnk Vs. Mincks....

The regulation dealing with a consumer's right to correct billing errors is 12 C.F.R. Section 226.13. The regulation dealing with a consumer's right to assert claims and defenses is 12 C.F.R. Section 226.12. The Official Staff Commentary for 12 C.F.R. Section 226.12 states, in pertinent part:

12© Right of cardholder to assert claims or defenses against card issuer.
Relationship to Section 226.13. The Section 226.12© credit card "holder in due course" provision deals with the consumer's right to assert against the card issuer a claim or defense concerning property or services purchased with a credit card, if the merchant has been unwilling to resolve the dispute. Even though certain merchandise disputes, such as non-delivery of goods, may also constitute " billing errors" under Section 226.13, that section operates independently of Section 226.12©. The cardholder whose asserted billing error involves undelivered goods may institute the error resolution procedures of Section 266.13; but whether or not the cardholder has done so, the cardholder may assert claims or defenses under Section 226.12©. Conversely, the consumer may pay a disputed balance and thus have no further right to assert claims and defenses, but still may assert a billing error if notice of that billing error is given in the proper time and manner. An assertion that a particular transaction resulted from unauthorized use of the card could also be both a "defense" and a billing error.

You may want to review the entire case. Mincks won the suit against Citibank. Mincks argued that goods were never received and Citibank never settled their dispute.

Hope this is helpful.
 

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