Premier Bank sent unwanted CC....now Im billled annual fee + late charges. Plz help

Discussion in 'Credit Talk' started by KristiD, Dec 10, 2015.

  1. KristiD

    KristiD New Member

    Hello
    I received an application in the mail for Premier Bankcard. Halfway through the process the annual fee, processing fee, and other misc fees were disclosed. I closed out the window, never finished the application, never got to the usual screen where one reads through the terms and conditions and checks the "I agree" box. I didn't go all the way through the process after reading this.

    I receive a CC in the mail anyway, with an 87.00 annual fee. I've made numerous calls to close this account and have the fees reversed. The account remains open, the charges are still there and I've documented who I've talked to and when. I'm now getting late charges added to the annual fee as well as another "processing charge."

    Is the next step to send certified mail that I dispute the debt? Do I say why I dispute it (never finishing the app) or do I let them validate it? While they are doing this, can they not report a past due amount on my credit report? I'd like to buy some time while I notify other agencies.

    So far, I've notified the FTC, BBB, Consumer Protection Financial Bureau (who has notified me they are forwarding my complaint to the Federal Reserve) and I have a feeling the other agencies are going to pass the buck or forward me back to the CPFB. I've also notified the South Dakota attorney general which is where they (and most CC's) are located, but due to the fact that SD doesn't have the same usury laws and is CC friendly I have a feeling the AG is also going to ignore my complaint or forward it to the CPFB.

    Based on an internet search it seems the CPFB is the bureau that's supposed to watchdog the CC's and I'm already getting ignored, so I guess the next step is to send a letter or subpoena?

    What kind of letter should I send CCR?

    The samples appear to have debts that are different than mine, so I want to make sure I word this correctly.

    If I need to sue, can I do so in FL? Is there a FCRA statute they've violated?
     
  2. jam237

    jam237 Well-Known Member

    Re: Premier Bank sent unwanted CC....now Im billled annual fee + late charges. Plz h

    The CPFB doesn't usually act on one specific customer, but rather compiles information to make larger cases. It also takes time for the process to go through.

    I would write a letter to the executive offices, sent CMRRR and just outline the dispute; that's it. You don't need a form letter, its usually always better to write something that they can't google. My best advice, never send a letter unless you know exactly what EVERY word means, legally.

    FCRA only applies to reporting; and the FDCPA doesn't apply to original creditors. Reporting isn't the issue, it's whether the application was or wasn't completed, and the terms consented to.
     
  3. KristiD

    KristiD New Member

    Re: Premier Bank sent unwanted CC....now Im billled annual fee + late charges. Plz h

    Okay, thank you.
    Do I need to include that all correspondence should be in writing (so I have a paper trail) or will this cause them to not answer my dispute in the event they handle problems via phone call only? I'm saying this because when I tried to handle this via phone I can't record it (living in a two party state) and they don't have and wouldn't give out an email address. I'm hoping I can force their hand to only correspond in writing.

    Do they still have to validate the debt before they can report it to the Credit Bureau? This would at least buy me some time while the other agencies investigate. I wasn't aware the CPFB doesn't handle individual complaints and instead "looks for patterns" which was the same blow off line I got from the FTC on another issue with another business, even though their website states otherwise. Our tax dollars hard at work.

    Sorry for all the questions....I want to make sure I word this correctly without leaving anything pertinent out. I did have another CC issue years back and used a form letter from the now defunct debtorboards and it worked like a charm. The letter I received was apologetic and the case was closed.

    Thank you again for your help

    Kristi
     
  4. jam237

    jam237 Well-Known Member

    Re: Premier Bank sent unwanted CC....now Im billled annual fee + late charges. Plz h

    The recording caveat is, if they state that calls are recorded for quality control purposes, they are also giving YOU permission to record the call.

    You can request written communications.

    Debt validation doesn't apply to original creditors.

    Depending on the CRA disputes could be weak, if you only use a NOT MINE dispute, they have more than enough information to survive a NOT MINE dispute which only requires 2 of 4 pieces of information, name, address, SSN or DOB.
     
  5. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Re: Premier Bank sent unwanted CC....now Im billled annual fee + late charges. Plz h

    Sorry to hear about your experience with Premier Bank KristiD. It seems very strange that they would actually issue you a credit card if you never even submitted the online application. What a pain!

    Did you end up sending a letter CMRRR to Premier explaining the situation?
     

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