FirstUSA Visa Lied to Me!! Need Help!!

[joejoekool]

Hi everybody,

This is my first post here. I really need somebody's advice and help on this. There's been a fraudelent charge on my
credit card at the beginning of this year and I didn't found out until the middle of July when I tried cancelling my
Credit Card. I haven't used this credit card since 1998 because of poor service. I called them up and the person who
handled the fraudelent claims didn't believe me at first but later agreed to send out a letter for me to sign.

Two months later, I didn't receive any letter so I called them up and talked with the lady about my situation. She
apologized immediately and told me that she'll take care of it right away and that she'll send me the letter for me to
sign.

I've waited for about another 2 months and there was nothing in the mail for me to sign. Then last night, I got a call
from my sister at my parent's house and she said that there was a mail for me from a lawyer requesting about $1000 from
FirstUSA (600 fraud charges+400 late fees). I'm not sure why they send the letter to my parent's address for. I moved
but and changed my address back in 1998 already and I called them and confirmed them of my new address. The letter was
sent on Nov. 6 and they told me they'll give me 72 hours to respond.

Please Help!! I'm going to call FirstUSA on Monday because there 24 hour fraudelent claim line is closed on weekends
(never heard of this before).

Joe

 

[Mill]

Send a certified lettter on Monday detailing your problem to FirstUSA. Contact FirstUSA again Monday to dispute the charges.

 

[MacBaine]

Yes, certified letter, and you should probably contact a lawyer. It seems that they don't have any idea what they're doing, so you'd better get legal help.

 

[joejoekool]

Thanks for the help!!

I'm still a college student and I can't afford a lawyer. I'm trying to see if the district attorney or BBB can help me on this because I'm not sure who to contact for help besides hiring a lawyer which i can't afford. I usually feel safe knowing that the Credit Card company would protect me from any fraud. I was wrong.

 

[Squisher]

Definitely make sure that you record times and names of people you talk to of all further communications by phone and back up all these conversations with certified mail. Try to write down as best you can all facts involved in situation while it's fresh in your mind.

 

[RossMAN]

Originally posted by: joejoekool
Thanks for the help!!

I'm still a college student and I can't afford a lawyer. I'm trying to see if the district attorney or BBB can help me on this because I'm not sure who to contact for help besides hiring a lawyer which i can't afford. I usually feel safe knowing that the Credit Card company would protect me from any fraud. I was wrong.

I'd also consult your local Attorney General's office.

Now for the bad news. As a customer you should have read the disclosure agreements you agreed to when you activated your credit card. Most credit card companies require that you dispute questionable/fraudulent charges within 60 days of that statements date. Prior to the fraudulent charge if you had a zero balance you probably weren't receiving a monthly statement in the mail. After the fraudulent charge appear on your account you would have been mailed a statement. You can also check your account activity online or by calling them.

Last but not least you should ALWAYS DOCUMENT WHEN/WHO you spoke with, always. If you didn't in this case I hope it teaches you a good lesson, so that in the future you will document who you spoke with, when and what was said. What if you call FirstUSA on Monday and they say we can clear this all up if you tell us who you spoke with and when? Hopefully you'll have answers to those potential questions.

Check the back of any of your FirstUSA statements, it should say to always dispute charges in WRITING because calling may not preserve your rights. If I were you I'd type out a really long bitch/whine letter including everything that you know and mail it to FirstUSA's executive headquarters addressed to the attn of the CEO and/or Chairman.

 

[SuperSix]

Wierd, I've always had excellent service from FirstUSA...

 

[Tominator]

I would inquire on campus for legal help. Many colleges give free legal help to students.

 

[joejoekool]

Hey Rossman,

They did told me that I should have called in sooner. But I never received any statements at all because I moved to a new location. I also went to the post office and had my mails rerouted to my new address. As for checking online or calling them, the Credit Card doesn't have any online statements to view back then and I stopped using it because of horrible service. Also the reason why I never called them up to check on my balance is because I never used the card at all so I know I had a zero balance.

What really gets me mad is when the first time I called them, the representive didn't believe it was me. Finally he believed me and I requested an address and telephone change so that he can send out a letter for me to sign saying that I didn't make the charges. After we've done all that, I asked him to verify my new address and telephone and he didn't have a clue. He never did change my adddress. I think he's probably agreeing with me just to get me off the phone.

About documenting everything, I learned my lesson indeed. I called them up the 2nd time and they did have all the information that I've talked with the first time I called. She was nice and told me not to worry and keep apologizing. She said not to worry at all and they will have it solved immediately. Now I know she's also lying as well.

Anymore advice would be much appreciated!!!

 

[RossMAN]

Originally posted by: joejoekool
Hey Rossman,

They did told me that I should have called in sooner. But I never received any statements at all because I moved to a new location. I also went to the post office and had my mails rerouted to my new address. As for checking online or calling them, the Credit Card doesn't have any online statements to view back then and I stopped using it because of horrible service. Also the reason why I never called them up to check on my balance is because I never used the card at all so I know I had a zero balance.

What really gets me mad is when the first time I called them, the representive didn't believe it was me. Finally he believed me and I requested an address and telephone change so that he can send out a letter for me to sign saying that I didn't make the charges. After we've done all that, I asked him to verify my new address and telephone and he didn't have a clue. He never did change my adddress. I think he's probably agreeing with me just to get me off the phone.

About documenting everything, I learned my lesson indeed. I called them up the 2nd time and they did have all the information that I've talked with the first time I called. She was nice and told me not to worry and keep apologizing. She said not to worry at all and they will have it solved immediately. Now I know she's also lying as well.

Anymore advice would be much appreciated!!!

I hope everything works out for you in the end. In the future ALWAYS document who/when/what was said during a phone conversation.

 

[Thegonagle]

Originally posted by: joejoekool
Hey Rossman,

They did told me that I should have called in sooner. But I never received any statements at all because I moved to a new location. I also went to the post office and had my mails rerouted to my new address. As for checking online or calling them, the Credit Card doesn't have any online statements to view back then and I stopped using it because of horrible service. Also the reason why I never called them up to check on my balance is because I never used the card at all so I know I had a zero balance.

Anymore advice would be much appreciated!!!

Sure. A forwarding order at the post office only lasts about 6 months in most cases, and merely forwards mail addressed to your old location to your new one. You still need to tell everyone that you do business with that your address has changed at the time you move. The post office doesn't do that for you. That is why they mailed statements and legal correspondence to your parent?s house. Keep that in mind in the future, and good luck to you with the current situation.

(BTW, does your college have a law department? I?ve heard that some colleges offer some types of legal aid.)

 

[joejoekool]

Hey Garfang,

Thanks for the comment. I didn't know the forwarding order only last for 6 months. They never told me that. As for telling everybody my new address, I never dealt with FirstUSA anymore. That's why I didn't bother to have it changed. I thought that after 1 year of inactivity, the card would be automatically cancelled like my other cards.

My address that was on file with FirstUSA at that time when I disputed the charges was not my parent's address. I moved out of my parent's home a long time ago and am independent. Somehow they found my old address where I used to live and mailed the letter to there instead. And this is after I called them up and changed all my address already. They never did changed my address after calling them twice and verifying it.

Thanks for all the advice everybody!!! I'll definitely try to see if my college offers any legal advice.

I'm planning to call the law firm tomorrow and tell them my problem with FirstUSA. Is this a good idea or should I send them a certified letter? I'm also planning to send a certified letter to the corporate headquarters as well and call up FirstUSA to see what they'll say this time.

Joe

 

[joejoekool]

Update...

I called FristUSA and they told me they sent out a letter already and that it was sent to the old address. I told them why did they send it to the old address instead of my new one. They said all the information was sent there before. I don't get it. I requested an address change because I don't live there anymore and they send the information to my old address. I was switch to another person and I think I talked with the supervisor. I told her about the situation and she said that she'll mail me a statement to verify what charges are fraudulent. I know the balance was zero so all were fraudelent if there's more than one.

Afterward, I called up the law firm and they keep threatening me to pay up. I asked them if they can give me an extension so that my credit card company can investigate. They said no. She keep asking me what's my bank account and what's my mother's phone number. They gave me an option to pay 700 of the 1000 that I owed. They keep asking me to pay up the bill on the phone using my credit card or my bank number. I told them I'm at work and I don't have the informations. I told them I'll call them up again at 5 and she said that if I don't call, then she'll have me go to court.

Should I pay up?

 

[Pepsei]

no... don't pay until you are being forced

most credit card companies are like that...

 

[rahvin]

Originally posted by: joejoekool
Update...

I called FristUSA and they told me they sent out a letter already and that it was sent to the old address. I told them why did they send it to the old address instead of my new one. They said all the information was sent there before. I don't get it. I requested an address change because I don't live there anymore and they send the information to my old address. I was switch to another person and I think I talked with the supervisor. I told her about the situation and she said that she'll mail me a statement to verify what charges are fraudulent. I know the balance was zero so all were fraudelent if there's more than one.

Afterward, I called up the law firm and they keep threatening me to pay up. I asked them if they can give me an extension so that my credit card company can investigate. They said no. She keep asking me what's my bank account and what's my mother's phone number. They gave me an option to pay 700 of the 1000 that I owed. They keep asking me to pay up the bill on the phone using my credit card or my bank number. I told them I'm at work and I don't have the informations. I told them I'll call them up again at 5 and she said that if I don't call, then she'll have me go to court.

Should I pay up?

The "lawyer" isn't a lawyer. The person you spoke to works in collections and is bluffing you. Ignore them, work with the credit card company directly. But keep in mind you became liable for the balance 60 (or is it 90) days after the charges posted and you didn't dispute them. This is part of federal credit law. You MAY have an out by claiming you were never sent the statements, but not keeping the address up to date with them was YOUR mistake. Credit cards NEVER expire unless they don't want you as a customer anymore. Unless you cancel the card and recieve notice of that cancelation in writing then the card is and will be perpetually active and noted as such on your credit report.

 

[slycat]

they are man-handling you...
tell them to suck it..and they can take u to court and
prove their case. why u waited 2mths...then another 2mths...
i can't understand. anyways...u better seek legal help soon...and i don't mean 2 mths.

 

[Ulfwald]

Contact Frenchie, he is a member here, and a collections lawyer. He can give you the ins and outs of what to do and what not to do. Turn on your Private messaging feature and contact him directly. Tell him Ulfwald sent you over.

 

[LoverBoyJ]

Afterward, I called up the law firm and they keep threatening me to pay up. I asked them if they can give me an extension so that my credit card company can investigate. They said no. She keep asking me what's my bank account and what's my mother's phone number. They gave me an option to pay 700 of the 1000 that I owed. They keep asking me to pay up the bill on the phone using my credit card or my bank number. I told them I'm at work and I don't have the informations. I told them I'll call them up again at 5 and she said that if I don't call, then she'll have me go to court.

Thats probably a collection agency, they are very agressive on collecting unpaid dues cuz they have a commision/collection charge for "harassing" you.

BTW, I have always been treated nice when I called FirstUsa for any problems, but I always keep a record of all transactions and CSR that I talked to. One thing that I did before was record our conversation with my answering machine which has a cpnversation recording feature.

 

[joejoekool]

Thanks all for the help Anandtech people!!! Really appreciate your advices.

rahvin,
I think it's 90 days under the federal credit law. It was my fault I didn't change the address. 700 isn't a lot and I can pay it off over time, but the whole point was that I was lied to. This really ticks me off.

slycat,
I guess i'm a naive and gullible person when I believe what they told me. They said they'll send out a letter and not to worry about the charges so I waited and thought it's still under investigation.

Ulfwald,
Thanks!!! I really need the all the advice I can get. I will contact him when I get home from work.

LoverboyJ,
Yes I can really notice how aggressive they are. They sound like a detective interrogating you. This is AOL Visa ...not just any FirstUSA card. I 'm not sure if it makes any difference but anything with AOL, just take precautions.

 

[datalink7]

BTW... a lot of colleges or university's offer a "Student" lawyer as part of your student fees. Check to see if there is one, and then go consult him/her if there is. I know my campus has one.

 

[Frenchie]

PM answered.

 

[TranceNation]

firstusa i think is one of those shady credit companies. I like chase, they always do things professionally.

 

[richardycc]

whatever you do, dont even pay the $700. If you do, they will make you pay the $300 "balance," and they will deny giving you a break, etc, and you are back to square one, except you lost $700, and owe another $300+ other BS collection fees.

rich

 

[ReiAyanami]

just rack up lots of debt then file for bankruptcy, its what college students do these days right?

and remember, they only pass on the debt to those paying interest, or people who dont pay off the entire amount like they should.

and where did the fraudulent charge come from? was tigerdirect involved?

 

[gwlam12]

you probably didnt change the address properly since they still have your parent's address on file