Never thought I'd ask for legal advice here, but....[Vanity]

[the Real fifi]

You may want to contact the F.B.I. and the local D.A.'s office. If someone did this to you, I doubt it is a onw time only--probably it's a scam which has affected many people and involves the federal mail service.

[HairOfTheDog]

They'll probably credit it...

[Under the Radar]

What to Do If There's an Error on Your Debit or Credit Card Statement

Once in a great while, you may find an error on your ATM, debit, credit or charge card statement. Because you may lose the right to challenge the error if you don't act quickly, it pays to learn about your rights and obligations if you do discover an error.

ATM Statements and Debit Card Receipts

If you find an error on an ATM statement or debit receipt, you have 60 days from the date of the statement or receipt to notify the bank. Always call first and follow up with a letter. If you don't notify the bank within 60 days (sometimes longer in extenuating circumstances), the bank has no obligation to respond -- which means you're probably out of luck.

If you notify the bank within 60 days, the bank has ten business days to investigate the problem and inform you of the result. If the bank needs more time, it can take up to 45 days, but only if it deposits the amount of money in dispute into your account. If the bank later determines that there was no error, it can take the money back, but it first must send you a written explanation.

Credit or Charge Card Statements

The law regarding errors on credit and charge card statements is similar to that for ATM or debit cards. You must notify the credit or charge card company of any errors within 60 days from the date of the first statement where the error appeared. Otherwise, the credit or charge card company has no obligation to investigate or respond. Notify the company in writing and enclose copies of supporting documents, such as receipts showing the correct amount of the charge.

The credit or charge card company must acknowledge receipt of your letter within 30 days, unless it corrects the bill within that time. Then, within two billing cycles (but not more than 90 days), the company must either correct the error or explain why it believes the amount on the statement is correct. If the company does not comply with these time limits, it forfeits up to $50 of any amount you might owe. In California, if the company doesn't comply with the 90-day limit, you don't have to pay any portion of the disputed balance.

During the two-billing-cycle/90-day period, the credit or charge card company cannot report the amount as delinquent to a credit bureau or other creditors. But it can apply the disputed amount to your credit limit and charge interest on the amount. Of course, if the company later agrees that you were correct, it must drop these interest charges.

If the company sends you an explanation but doesn't correct the error, and you are not satisfied, you have ten days to send another letter explaining why you still refuse to pay. If the company then reports your account as delinquent, it must also report that you believe you don't owe the money.

Copyright © 2003 Nolo

[ken5050]

what's the $230 for..i don't get the connection...

[Hodar]

I think they would credit it. Couple of reasons. The Credit business is cut-throat. If they credit you, you are happy and will continue to do business with them; the odds are that they will make much more than $230 in future business. If they do not, you will likely close your account and take your business elsewhere; thus they lose a revenue stream and acquire a customer's ill-will. Seems pretty clear to me; maybe I should be the executive VP of a credit card company?

[thinktwice]

Assuming you've tried a phone call to someone in position to cancel the charges, I'd guess your best option is small claims court.

Given what you've written, you should be able to prove your case.

[Cyber Liberty]

It's a scam. I've gotten these, and what they're trying to get you to do is call them. Of course, they'll be nice as heck to you and offer to remove your name that was placed in the system "in error" (an honest mistake, dontchaknow). That way, all the new telemarketer laws won't apply to them becuase it was you who called, not them.

It's crooked, but apparently not illegal.

[lilylangtree]

I got hit with the same insurance charges on 2 different occasions. Once I got the insurance removed because I caught it right away. However, the 2nd time, I let 2-3 months go by and I ended up eating the fees charged for that time period, but it was removed for the future.

[Restorer]

It's crooked, but apparently not illegal.

If you sign someone else's name to a contract, it's darn sure illegal!

What you're talking about is the situation where they just bill you for a service or product you didn't order.

[RJayneJ]

Tell them that you are going to take them to court so they had better be prepared to produce evidence that they have your signature on something. That is the advise that I got here when I faced a similar situation. Worked like a charm. Remember that the burden of proof is on them, not you.

[zook]

The $230 represents monthly charges for the credit insurance from November 2002 until May 2003. Note that we have not paid this, it's still outstanding. Also note that because we were not using this account we did not find out about the charges until six months after they began (thus we couldn't challenge them immediately).

Thanks to everyone for the advice!

[Cyber Liberty]

They will just claim there "was a mistake" made, and that you did not really sign the contract after all.

They just want you to call.

[witnesstothefall]

Try something they'll never expect. Be nice to them. Tell them you like their company, have enjoyed their service up till now. Cheerfully assure them several times that it's not your signature and repeat how you never wanted the product and thus it's obvious that it can't be your signature.

I have used the insistently positive approach to great effect. Of course, with many service rep's the negative approach is the only one possible.

You don't go nuclear over $230. Threatening to close your account should be enough.

[ken5050]

just catching up from the weekend.....if the bank doesn't reverse the charges, I'd suggest calling you congresscritter's office....it's the kind of issue they just love....

[PatrioticAmerican]

Which bank?

[Just another Joe]

Similar problem happened to me.
I saw a reoccuring charge on my credit card statement, called the company, asked them why they were charging my account and got the, "You requested it", answer.
Told them in no uncertain terms that neither I, nor anyone in my family, had requested this service.
They told me that someone at my phone number HAD requested the service and that it was recorded.
I asked them to play that recording for me. Told them if they could come up with the recording that I would agree to pay the statement to date.
They couldn't find the recording, (big surprise there), and credited my account for what had already been taked.

My advice, ask for proof.

[TroutStalker]

The security department for the credit card may be able to help with this.

I'm currently disputing a charge on one of my credit cards. When I checked my last statement, there was a charge of almost $2400 at a home improvement store that I haven't been to in at least a year. I immediately called, and they cancelled the account and issues new cards to us. The security dept. sent me an affidavit about unauthorized use of the card to complete, which I put in today's mail.

The most interesting thing in this case is that we were in possession of both cards when the charge was made, and the charge was made with a card swiped through a machine, not a mail order or phone charge. I have read an article or two on this forum about how the magnetic strip on your card can be copied from your card and transferred to another card with a handheld device when the card is out of your sight, such as when a waiter takes it at a restaurant. The security person I spoke with at Discover confirmed that this can happen. Because of the date and location of the unauthorized charge, I suspect a Mexican restaurant that we dined at six days earlier.

The cc company has 90 days to investigate, meantime I'm not liable for the charge to the account.

[zook]

It was Citi Bank and a service called "Credit Protector." Thanks again for all your replies. I'm sending them (Citi Bank) back a letter stating the facts and why I feel I'm justified in refusing to pay this charge.

[PatrioticAmerican]

Citi, or Shiti, as I call them, has a reputation for illegal activity. Yes, Shiti, I said it, so sue me, and we can return the favor.

Call Shiti and tell them of your plight. They will most likely respond favorably. Then, file a criminal complaint with your state's attorney general.

Someone else suggested the FBI or the Secret Service. I am not up on who does credit card fraud, but I thought it was the SS. Either way, it wouldn't hurt to call them both.