I will try to keep this as brief as possible, but I really need some opinions on which way to go. August 27th, 2003 I received a call from Chase about "suspicious activity" on my credit card. I had just been discharged from the hospital, so I was NOT trying to shop on the internet. In any case, I sent my husband to get my purse for me, and then is when he told me he left it in the car. He went out to the car, and of course, the rear window was broken and my purse was gone. Chase immediately closed the card, and put a fraud alert on my account. I then called all three CRA's and put the alert on my report. Chase gave me the information for the company that was attempting (unsuccessfully) to put a charge through, so I called them. They had no account in my name, so even though I had the correct credit card number, they would not speak to me. They also stated that no charge had gone through, so not to worry. I called the police, filed the proper reports, and waited for a charge to hit my credit card. Fast forward to January 17th, 2004. Chase received the charge from this company, that was originally attempted to be put through 5 months prior, and was "gracious enough" to transfer the $160.00 cjharge from my old, cancelled card, to my new card- I called Chase and talked with the fraud department, faxed them the police report, and disputed the charge. January 20th, 2004, the merchandise was delivered to my home - and the next day, my neighbor 4 doors down left a letter stating that "she accidentally had her cell phones delivered to my house and could I please being them to her." (can you believe it??) I then took the letter, and the unopened box with the cell phones to the sheriffs dept that was handling the theft. I contact Chase again, and explained what was happening, and faxed them the Sheriff's department property report thinking that all of this evidence would proove I had indeed been a victim. March 17, 2004 they finally credited my account and apologized for the inconvenience. YESTERDAY, I go on line to make a payment, and lo and behold the charge is back. I call Chase, AGAIN, and ask what the heck is going on, and they explain to me that the cell phone company rebutted my dispute, and claim that they sent additional documentation prooving that I ordered the merchandise. (this proof is being sent to me now) I call the cell phone company, and am in the same position. Even though they have my credit card linked to an account, they do not have my name so they won't speak to me. I am currently in the process of purchasing a home. I want this issue resolved ASAP. I faxed all of the police paperwork to the cell phone company, along with filing a complaint with the FTC, the BBB, and the California Dept of Commerce (or some such agency.) Is there anything else I can do, up to and inclduing suing everyone involved? Opinions - Help!
I would PFB Chase or mail the President's office a letter. I would ask them how the cell phone company can rebut a timely filed police report and fraud alert to the CRAs followed later by the Sherriff's Dept property report for the merchandise. I would also note that THEY CALLED YOU because they suspected fraud and that they found you in the hospital. They should be telling the cell phone company to stuff it. I absolutely, positively would not put up with this.
Well, for clarification, I had just gotten out of the hospital (just for honesty's sake) And I did ask Chase why they were honoring a charge put through 5 months lateer on a card that was stolen. That was why the woman in the fraud department originally credited the charge. She said they (chase) should not have honored the charge. I will call everyone again on Tuesday. The problem is that my Chase account is still showing in dispute (since January) and my finance officer wants that removed before the loan funds. What a pain this is.
Does anyone have any ideas on how I can speed this up? Should I ITS? Do I have grounds? It's not being reported to any CRA it is still in the charging phase with my cc. Help?
You have already filed a police report. You also implied you are in California. Is this correct? Both CA law (see the CA AG site), and the new FACTA law, require the OC with the fraudulent account to assist YOU the victim of identity theft, by providing all information available on the charges to try to determine and limit the scope of the damage to you. Ask your local police to request this information. This will force the creditor to start handling the account as an actual fraudulent account. It also starts to set the stage for any action you may need to take against them, if they continue to delay.
Yes, I am in California, but unfortunately the Sheriff's department still doesn't even have anyone assigned to my case. This is very frustrating. As an aside, I called Chase again, because the charge on the stolen credit card was not even put through for 5 months! I asked Chase why they allowed it and they stated that companies have one year to submit charges. I explained that I understood that under normal circumstances, but this is on a stolen credit card. No avail - Chase says I have to do the leg work, not them.
Since the charge is back on your statement, send another written dispute, outlining the whole sequence of events, and summarizing what you have already sent them. Include a copy of the police report. Read up on the Fair Credit Billing Act (FCBA) on the FTC site.
I just completed doing just that, and making a dozen phone calls to both Chase and the cell phone company. what is interesting though, is I just received the "documentation" that the cell phone co. sent to Chase to dispute my dispute. In the paperwork, It states the following: Name of cardholder: Jane Doe (not CaliGirl) Card Number: XXXX-XXXX-XXXX-XXXX blah blah blah Now why didn't Chase immediately deny the charge when the name of cardholder did not match mine?? I have filed complaints with the FTC, the BBB and CA dept of Consumer Affairs. I am truly thinking of filing a suit against anyone and everyone - PLUS taking this to the media. This whole thing could have been avoided if Chase only verified the name. What this tells me, is that when you are on a website ordering something, you can put any name at all as the cardholder, because Chase doesn't check anyway. So why do the websites ALWAYS say "name must match EXACTLY what is on card." Oh, and OnTrack - THANK YOU SO MUCH for the info on the new California law regarding identity theft. While speaking with the person at the cell phone company, I asked for all information about the account, and she refused telling me that I need a subpoena (sp?) I quickly informed her that I do not need one, and that California law affords her 7 - 10 business days to get the information to me. I quoted the code numbers and she just went completely silent! It was priceless. I will update for anyone that may be following. Thanks for the responses.
Since the information forwarded by Chase from the original company clearly does NOT indicate that you ordered it, yet Chase will assume that since they sent it to you, that it does unless you say otherwise, you need to send a follow up letter to Chase, also CRRR, including a copy of the company's letter marked up to point out the errors. You clearly write that you did NOT make this charge, that the name that the company claimed made the charge was by their own records NOT you, nor have you authorized anyone to make these charges on your card,( and you have no idea who this even is, if that is the case). Close with a statement that the letter they forwarded from the cell phone company provides them sufficient information to reverse the charge as unauthorized, and close out this dispute promptly. Note on the bottom, "CC: xxxx County Sheriff's Department" (or whatever). Forward it with your cover letter to the Sheriff, along with a copy of the cell phone company letter for inclusion in their investigation of your unauthorized charge/identity theft complaint, summarizing that the cell phone company's records show that the charge to your card was made by a "Jane Doe".
