Legal Advise Sought

None | August 12, 2003 | Me

[GYPSY286]

In an effort to reestablish my credit after an ugly divorce and job lay-off, a few years back, I applied and was approved for a VISA. For over 2 years, I made timely payments and never went over my credit limit. Without giving me a reason, in April 2002, the card company notified me that my card would not be renewed after the expiration date, I was instructed to destroy the card, and the balance owed was being transferred to another card company. Two months AFTER closing my account, Gevalia coffee billed my card for an UNauthorized coffee shipment. Rather than DECLINING the charge, the card company ACCEPTED it on a CLOSED account which took my balance over the limit by $4.00. I was immediately charged $45 over-the-limit-fee. I contacted the card company and explained the UNnauthorized Gevalia charge and that a credit would be forthcoming in the next few days. I inquired as to WHY they ACCEPTED a charge on a CLOSED account but have yet to receive an answer. I have now accumulated over $600 in late charges and over-the-limit fees and they refuse to settle for the amount owed when it was transferred to them. I am also dealing with 3-4 phone calls from them on a daily basis, including Saturdays and Sundays. I checked the web but other than theft and other fraud-related complaints, I can't find any resources to file a complaint. Any suggestions?

[beachn4fun]

I'd advise you to call a lawyer. You might be able to get some advice without it costing you an arm-n-leg. They might even get it straightened out for you with little cost to you. What they've done is not legal. You are not responsible for any charges after it was closed, unless you told them it was coming. Are you talking directly to Visa? Or to the bank?

[thoughtomator]

Good place to start

[Cachelot]

What other card company? Would it have anything to do with Applied Card Systems, by any chance?

[Dog Gone]

You need to be documenting your conversations with them in writing. Objecting over the phone does not protect your legal rights.

Send letters to them Certified, Return Receipt Requested. It's the only way to prove that you've told them your side of the story. Additionally, it gets their attention.

[GYPSY286]

First, let me thank all of you who have responded so quickly. My original VISA was with Providian Card Services. After they closed my VISA account, it was transferred to a company simply called Card Services. I don't know if it is affiated with Providian or an entirely new company.

[all4one]

Can't help with your current situation. But whenever you close an account, for a credit card, bank etc. always request a letter from the company stating that this account is closed; and the date that the account was closed, paid in full, etc.

Keep the letter in your file, so that additional charges on your "Closed" account will be easy to disprove. When requesting the letter don't take no for an answer, companies sometimes try to keep your closed account in an active rotation hoping that you will re-open this account.

[ravingnutter]

Contact your state Consumer Credit Commission office and file a complaint, they usually have on-line forms. I just had to contact ours because Conn's was harassing us after we got our new metro telephone number which apparently previously belonged to someone who had failed to make their payments. We kept telling them there was no such person at our address, but they were insistent, it was a nightmare until I contacted the CCC.

[GYPSY286]

Thanks for your input; however, I did not request that the account be closed. Providian closed it and according to their terms and conditions, they had the right to do so without a reason.

[Cachelot]

Providian

Providian certainly rings a bell. And Applied Card Systems have been known to change its stuff around, I believe. This sounds like the same people.

Do a google search for "Applied Card Systems". That should tell you some. Then go looking for "Card Systems", then for Providian.

I think there's a huge fraud investigation ongoing against these critters, and an upcoming class action suit. If I remember, some DA in NY was asking people to come forward and throw their stuff into the pot.

[LNewman]

Providian has a bad reputation. Remember articles from years back about that outfit making enough of an impression that whenever I'd receive offers from them, I tear it in a million teeny tiny pieces.

[RJL]

I would be sure to file a complaint with your State Attorney General.

[Chancellor Palpatine]

When we changed office phones and gained two more on the trunk about 5 years ago, we kept getting collection calls for the previous number holder on one of the numbers. We've always known what these were because of the line that they came in on, and most of them were pretty cool about it. One debt collector was really insistent, cussing and accusing me of being their debor. It was kind of fun to be as rude at that guy as I was - he must've called 4 times that day.

[samuel_adams_us]

Providian is owned by a Indian company. Not only are they a bad company to deal with, their upper management can't even speak english.

[AppyPappy]

Without giving me a reason, in April 2002, the card company notified me that my card would not be renewed after the expiration date, I was instructed to destroy the card, and the balance owed was being transferred to another card company. Two months AFTER closing my account, Gevalia coffee billed my card for an UNauthorized coffee shipment. Rather than DECLINING the charge, the card company ACCEPTED it on a CLOSED account which took my balance over the limit by $4.00.

Let me see if I get this straight. They transferred your balance to another company(pretty normal) but you kept a credit limit balance for two months. Were you making interest payments only in the two months after your balance was transferred?

It sounds like the credit card company SOLD your account but didn't close it. Hopefully, you have the documentation showing they told you they CLOSED the account. Another question: Did you EVER do any business with Gevalia?

[GrandMoM]

BUMP

[GYPSY286]

Yes, I only made the "minimum" payment. Yes, I was on standing order with Gevalia but my next AUTHORIZED shipment wasn't until December 15th and I had changed from charge to direct bill for which I do have documentation. That is why Gevalia was so quick to credit my account for this error - and told me to keep the coffee I received as a gift for their goof.

[AppyPappy]

I bet they tell you to take it up with Gevalia. My guess is that you are dealing with thieves and there is no honor among them.

[DuncanWaring]

... I tear it in a million teeny tiny pieces.

Alternate approach: If it includes a "Business Reply" envelope, fill it up with a bunch of generic crap (other inserts, folded-up newspaper, etc...) and mail it back.

Runs up their postage bill.

[WarEagle]

I believe Card Services is GE Capital Corporation Card Services. Is their return billing address in Atlanta, Ga? If so, it is GECC.