dispute with Credit Card over erroneous charge

[Mr. Pat]

(Hi folks. This topic isn't quite tax related, but I am at my wits end and didn't know where else to turn - moderators, please remove if you wish)

I'm looking for some advice on how to fight my credit card co. (MBNA - now Bank of America). Following is what has occurred:


I had a credit card bill of approx. $2000, that I paid on time (8-12-06), at this time I had approx. $3100 in the checking account. The checked cleared my bank 8-15-06. Now, here is where it gets weird. The credit card co. then took the same image of the check and re-submitted it to my bank on 8-30-06 (at which time I had approx. $1100 in the checking account). First wind I got was when bank notified my of non-suff. fee. I went down to my bank and they figured out that the check was submitted twice - 1st time it cleared..then same image presented again on 8-30-06. they refunded NS fee.

Bank called the credit card company, and supposedly everything was resolved. BUT WAIT - on 11/14/06 the credit card co. sent me a letter and I'll quote what the letter says:

"Enclosed is a copy of payment check No. 1003, dated August 12, 2006, for $2,000. This payment was credited to the above referenced account on August 15, 2006. This check was returned to us unpaid, stamped "insufficient funds" on October 4, 2006.

There was a delay in debiting your account for the returned check. The debit has now posted and will appear as a BANK CASH ADVANCE on your next monthly statement. Because of the posting delay, we have waived the customary returned check fee."

Like I said, am at WITS END..I've kept track of 14 phone calls to them, have been on hold for 233 minutes and have only spoken to a representative (if they answered call) for 38 minutes. Everyone claims to be manager until I press them to resolve this issue - then there is no one who can give me any answers. About all I'm told is that the case is in the "account research" department, and of course they cant give me a direct ph. # .

I guess my next move is to make a complaint with either state or federal people - Comptroller of the Currency maybe? I'd sure appreciate the advice of you folks. I have all the paperwork from both card and bank, so the paper trail is good. The knowledge here is awesome...give me your best shoot from the hips advice. THNX in advance!

[sea-tax]

Pat in this situation I usually will send a letter or email to the Antorney General Office for my state and cc the credit card company. This will usully get them to move a little faster.

You can always threaten to leave as a customer but this usually does no good.

[jainen]

Turn that statement over

>>your next monthly statement<<

Turn that statement over. If you can read the faint, tiny print, it gives you an address to dispute the bill in writing within 60 days. This is the ONLY way that protects your rights under consumer credit laws. Phoning them, reporting to your state, writing to their regular address, and posting on the Internet are totally useless. MBNA knows all this is useless and is stretching you out until the 60 days has passed.

[Mr. Pat]

Thnx But...

Jainen, the 'fine print' (at least on my account) and space to fill in complaint on the back of the credit card statement is only 'if' you have a dispute with a merchant. Yes, you're correct about 60 days in that situation. I guess this saga started with me from the notice dated 11-14-06. Also, I did receive another notice on 12-13-06 regarding acknowledgement about a phone call that was accidently dropped on their end around 12/8/06. Also, regarding the other reply, yea, I could 'drop' my credit card but they'd still have that $2000 +interest billing hung on me.

Since writing original post, I went down to my bank. The have all the copies (digital images of check - both first image that shows check was received and paid plus second image of same cancelled check that got re-submitted) and paperwork to prove my case. What Bank of America is doing is basically trying to wear me down. My bank had called them in November and faxed them the paperwork and they once again today called them again and re-faxed paperwork. I have 3 or 4 800 #'s to call, but all you get is their first line of defense automated answering system that gives you balance and other info. I press "0" and will wait and wait for a real person to answer..who'll then transfer me to someone else who'll.........I've been told the next step is to send them a certified letter along with all of my copies, plus cc to some govt. authority. FDIC, Comptroller of Currency, etc. Like I said, any and all help ideas will be appreciated!

[jainen]

eat this stuff up

>>some govt. authority. FDIC, Comptroller of Currency<<

Don't be silly. All those guys work for the banks. Is that too cynical? The attorney general can only enforce the laws as written. The banking laws are written by -- guess who? -- the banks. The Consumer Credit Act is a perfect example. It pretends to give you lots of rights, but it actually strips away the few you once had. I mean, did we really need a law that says the banks can't charge you for something you have already paid? Well, now it's up to YOU to prove you don't owe the money, and you can only do it in the way the bank wants.

Don't believe me? Fine, call your attorney general. Be sure to remind him how much you contributed to his re-election campaign last year, because that's the first thing MBNA is going to mention.

Okay, this isn't helpful. If you don't want to file a formal protest the way the law provides, then call your local TV or radio consumer hotline guy. They eat this stuff up.

[Mr. Pat]

have to agree with you...

Jainen, you hit the nail on the head. Wow, it is amazing how little rights the consumer has in battling the giant credit cards. I'm amazed at all the politicians that are in the pockets of the likes of MNBA, Capital One, Bank of America...etc.

I'm still hopeful of some kind of resolution here but I do realize that MNBA's tactic of not doing anything to resolve this issue counts on me to fold it in...ain't gonna happen! When we do get it resolved, I'm dropping this card that I've had since 1996, fer sure.