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Help with credit card payments that aren't owed please.?
I closed my credit card account in November last year having fully paid off the balance, a company then charged the sum of £97.50 against the account in December using details which I had previously given them for an annual subscription. I was not aware of this at the time as the credit card company stopped sending me statements and confirmed the account was closed. I also did not worry about company that charged this money as they sent me letters saying they hadn't been able to take payment and would cancel my order unless i contacted them. Then all of a sudden a few days ago I get a call from the credit card company saying I owe them £97.50 charged by the other company, I contacted the company who said that they tried to take payment but it was rejected about a month later in January. Now I don't know where I stand as I have the credit card company on one hand saying I owe them for the payment they honoured and that its my responsibility for not cancelling the payment and on the other the company saying that the payment wasn't honoured by the credit card company. They are both big national companies so I don't think it is intentional fraud but I don't know what to do, who has the onus to prove what?
Please only people that have had similar experiences please, or preferably have some sound legal knowledge in this area.
8 Answers
- 1 decade agoFavorite Answer
When you close a credit account if any company had set up whats called a continuous authority, meaning they do not need to gain further permission before taking the funds on your credit card. Closed or not, credit card companies are legally obliged to honer that transaction. What you need to do is call your credit card company, stay calm when speaking to them as no one will help if you are angry i them, and say you want to dispute the item you have been charged for. advise them that you have spoken to the company and they said that they did not charge your account. Also send a copy of the statement (if you don't have it ask for a copy which will be free of charge as you did not receive first one) to the company who charged you highlighting the charge they made to your account, with a covering letter explaining why your sending it too them. Under the visa and mastercard agreement, credit card companies must dispute items by request providing its within 120 days of the transaction, in some cases, like yours where you were not receiving statements then they will have to honer the dispute for you.
Good luck and let me know if you need any more help
Source(s): ex banker - 1 decade ago
YOu should not have to pay the credit card payment. If the credit account was closed and charges were made after it was closed, it is the Credit Card Company's responsibility. You are no longer a holder of that Credit card and there should not be responsible. I would talk to someone in dispute resolution about this. Also that charge could not have been authorized since you did close the account. Bottom line, the credit card company is responsible.
- keikoLv 71 decade ago
First thing, you have to write a dispute letter to the credit card company. How you have to do it is listed on the statement. They have to get it in writing. Find out what needs to be included by calling the card if you don't have an old statement or there might even be information online. That stops the clock on the debt.
This isn't the first time I've seen this sort of question on this site.
Do not talk to any service representatives any more. Ask for their supervisor and keep asking if they seem reluctant. Get names, extensions, & write down dates, times and what was said. If the supervisor can't help ask for her supervisor. There is always someone above them. Keep asking and don't accept no for an answer.
During this whole time stay calm and very polite. Very nice voice. No threats or yelling or cursing. You want them to know you realize they are trying to help you but their hands may be tied and they can help you (get rid of you) by sending you up the ladder. The higher you go, the more likely you can find someone who can remove the debt from the credit card. Just keep repeating what the problem is and what you want done. Yes, I know that you accepted the charge when my account was closed but you want the money now and we need to get this straightened out. Please let me talk to your supervisor - before you transfer me, what is her name and extension in case we get cut off. (Being cut off can happen by accident, so be prepared and not have to start all over.)
Make sure the company who charged you now has it in their files that you have cancelled. The service representative can tell you what is on their computer. Write down what she tells you so you can remind the supervisor that this is already on the computer. Keep trying with them, too, moving up the ladder.
I don't know your obligation to the debtor company if you didn't cancel in the right way or on time. Sometimes you just have to eat that last payment. You have to clear this up as well as convince the credit card company that it is impossible for you to use a cancelled card.
Go to FTC.gov (Federal Trade Commission) and get your free credit reports. In fact, get one from just one company. Then, you can follow up in three or four months and get one from the second company then the third on down the line. These are free once a year. I found that cards I had cut up, cancelled by phone after having long conversations with the representatives and being assured all was taken care of and never used in years were still listed as open on my credit reports.
Don't let them fob you off on the other company. You have a different problem with each of them. The amounts are small enough that you should be able to find someone in each company to take care of this. It isn't your problem that the credit card company sent payment after the card was cancelled. They made this error and need to correct it.
Your problem with the other company is that you thought that since they couldn't get payment and told you they would cancel your order they had done so. However, as I said before, there might have been a process you had to follow to stop them from continuing whatever program you signed up for and you may have to pay. Just make sure they now know you have cancelled so you don't get a second month's bill.
Source(s): Good luck. This may take a while but it should completely solve this problem. You might be lucky enough to get it taken care of with only one more call and a letter to each company. - Anonymous1 decade ago
You can fight it but ultimately they will make a mark against your credit if you do not pay. Then send it to a collections company and that could lead to harassing phone calls at your home/business. That is not a large enough sum in my opinion to risk a bad credit mark from a huge credit company and potential harassment. I would pay it then fight the service company to get your money back.
I understand how you feel about multinational companies having you by the balls, but in the long run your pride is not worth an extra 3 or so percentage points on a large consumer loan you might want in the future.
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- 1 decade ago
Refuse to pay since the account was closed by you prior to the charge in question. If the credit card company approved the charge it was their error, not yours. Let them fix their own error. If the credit card company confirmed the account was closed that is all the proof you need.
You could also dispute the charge giving the reason that the account had been closed prior to the disputed charge.
- Pooh BearLv 61 decade ago
I have had experience of this.
I told the credit card very firmly that I had closed the account, they had acknowledged this, so any payments made after that date, by them, was down to them and they did not have my authority to do so.
We had a bit of tussling of letters back and forth and I then threatened them with legal action for both bullying tactics and illegal taking of money on an account that was closed.
They said they would pursue the matter but didnt.
|You dont owe money on an account you closed. End of.
Bad accounting and admin on their part.
- Anonymous1 decade ago
On a side note. If you want sound legal advice, Yahoo Answers isn't the place to ask. Ask a Solicitor.