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     | Tuesday, April 10, 2001 - 06:14 pm  I sent an affidavit disputing charges to a FDIC insured Bank. If it has been more than 30-days since certified return receipt and I have had no response from them what should my next steps be. I don't care what I have to do ....I'll do it...!!
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| | Tuesday, April 10, 2001 - 09:06 pm When you say you are disputing charges, I assume your basing your dispute on the FCBA? If so.... I'm no expert, but the FBCA may not apply here because it's not an "open end" credit account. According to the FCBA http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm: "The law applies to "open end" credit accounts, such as credit cards, revolving charge accounts - such as department store accounts - and overdraft checking accounts. It does not cover installment contracts - loans or extensions of credit you repay on a fixed schedule. . . . The Federal Trade Commission (FTC) enforces the FCBA for most creditors except banks. " You really didn't give enough specifics to answer you completely, but based on the FCBA I'd say your dispute doesn't fall under the 30 day requirement. But, for argument sake, let say the FCBA did apply. I really don't think you'd want to sue quite yet. If I was in your position I would want to stand in front of the judge asking for a judgement on the 31st day of a 30 day period. You would be better off waiting until the required 2 billing cycles (or 90 days) before filing suite. It shows the judge that you aren't sue happy, but the creditor has forced you to take court action. IMHO (NOTE: I may not sue yet, but I would demand that $50 be removed from the amount I owed as damages for not responding within the 30 days.) I'm going through a dispute just like this only it's with Household Retail Services. I sent my dispute in on 1/26/01 via certified mail. Two more certified letters, 3 faxes, and 8+ phone calls later, they still haven't fixed the problem or properly responded to my dispute. I'm planning on filing suite in small claims this week. Mark
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| | Wednesday, April 11, 2001 - 05:23 am Hi Mark, Sorry I didn't explain my clearly...!! This all started from moving during college, work, and getting married. In all it come to four moves and I wasn't getting my statements. My story is with a credit card. I disputed charges that was not mine, they took the charges off..!!! I continued to pay, thinking everything is fine. Almost had it paid down from 2,300. to 500...!!! Might I add, I didn't use this credit card anymore b/c the interest was tooooo high...!!!! I moved again, didn't get my statement. I called asked them to change my address, but never got the FIRST statement from them. I was forced to do a check by phone to keep from being late. Then I pull my credit history b/c my husband and I are trying to buy a home. That's when it comes to my attention that they took my disputed charges and had added a NEW account number, I didn't have any clue of or had ever gotten paper work on, and sent it to a collection agency. I tried to use my card and it was declined. I called and asked about the card I had, I didn't say anything about the account I had found out about....!!!! They claim during my move, they didn't have my phone number and couldn't get a hold of me. because I didn't pay or do check by phone they cut my card off. They said it was 90 days late, I don't think that the late payments are correct........ THEN ...they come back and say, they never got enough information about the charges I had disputed and put those on the account, one year later, that I had almost paid off....!!!!! So NOW I have two Marks on my report, A. An account I have never laid eyes on from them totaling what I had disputed, interest, and collection fees. And B. a closed account with my charges, interest and disputed charges about 2,100. on it. I have wrote to them about this it's been over 30-days. I don't know what I should do next..?? Mark.... I hope you have the best of luck... and keep up posted about what's going on. It's not right for companies to do us this way....!!!
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| | Wednesday, April 11, 2001 - 07:15 am Thanks for clarifying. From what you said, your dispute definetly falls under the FCBA. They should have responded within the 30 days required. I wouldn't sue yet, but I would be getting ready. I would definetely go after this company with everything I could. If you going to sue, you need to gather as much data and proof as you can. This takes time. Document their un-willingness to work with you. You need to be able to show to the judge that you did everything you could to try and take care of this out of court first. I would start recording your conversations with this company too. Good luck, Mark
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| | Wednesday, April 11, 2001 - 06:15 pm I wanted to ask what can I sue for? And should I go for the charge account I know that's mine. The collection account or both? As far as Proof is concerned.... I am one of the most organized people you will ever meet. Trust Me ... ;-).... I wouldn't even be asking these questions if I thought I didn't have enough proof.
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| | Thursday, April 12, 2001 - 11:09 pm What States are both of you in? I found that in Arizona I'm not even entitled to the filing fees, even though VoiceStream was way over the 75 days to refund my deposit. Apparently all the big corporations know that, 2 YEARS overdue deposit from QWest (fka US West), and all they're willing to pay is the $100 deposit and $20 interest. Again, I expect to not get filing fees or any compensation, but won't just let it go. Qwest just requested phone mediation, but I think they have to show up for the actual hearing. They can travel to Kingman, AZ ... I just want to document how bad the law sucks! I don't just have contempt for this court, I despise Judge John Taylor with a passion. It's unbelievable what they call "justice" in Arizona.
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| | Friday, April 13, 2001 - 04:35 am It's pretty common that you can't recover costs. Recently one of my rental units was flooded from above (it's a condominium). I've found out that there was a major plumbing leak from above. I've asked the people above to submit a claim to their insurance company and they've refused. So I have to sue, and I've found out that even if I win I won't be able to recover the legal fees or court costs because the matter in question is a tort. Oh well.
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| | Friday, April 13, 2001 - 10:43 am I don't understand why they can damage your unit, refuse to pay, and then you can't get legal fees. That's ridiculous. Why can businesses always collect fees from consumers? Arizona bad check law - maximum penalties: **** Six months in jail **** Fine of $2,500 and surcharge of 70% **** Statutory fee: * $50 if the amount of the check does not exceed $100 * $75 if the amount is between $100 and $300 * $100 if the amount of the check is between $300 and $1,000 * $15% of the amount of the check if greater than $1,000 The County Attorney's office will actually prosecute and send out collection letters for the merchants! It's a CRIME for a consumer to write a bad check, and there is NO law against companies NOT paying monies owed to consumers. My case against VoiceStream was dismissed because they paid me my $1,000 after I sued. All I ask for is EQUAL RIGHTS.
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| | Friday, April 13, 2001 - 12:21 pm As long as government is in the business of granting "rights" there will be no such thing as equal rights.
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| | Friday, April 13, 2001 - 02:19 pm Christine, I live in S.C. All of the charges I have disputed on my credit card are from another state! (FL) I still haven't heard one word from the Creditor about this....!!!!!!
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| | Friday, April 13, 2001 - 04:14 pm Christine, I'm in AZ as well. > I don't just have contempt for this court, I > despise Judge John Taylor with a passion. It's > unbelievable what they call "justice" in Arizona. I know what you're saying Christine. I definetly think that happens, but I'm trying to avoid that in my case. In the Glendale justice court they offer a free 2 hour seminar on the 2nd Wednesday of every month. I've attended and it was quite beneficial for me. In the seminar you go over the basics of how the court works, which really isn't rocket science. The best part is when you sit in on an actual case. After the case, the judge explains why he ruled the way he did. I've sat in on a couple cases that I thought the judge was way off on his decision. However, after he explained his reasons and the law behind his reasons, it all made sense. I think I will present a much better case when I file because of it. I would recomend trying to find something like this in your area. Mark
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