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Expert: Creditwrench - 10/22/2008


Question
In July I charge 3 airline tickets to my Capitol One credit cards online with US Airways The tickets cost #517.94 each.When I got my August statement I also had charges for 3 tickets for $474.43 for Continental Airlines and  a travel fee for $54.00.I called Capitol One,they sent a fraud form and I filled it out and returned it.I received a letter from Capitol One Oct.1,2008 stating that the investigation was resolved and closed and that as part of their $0 fraud liability promise I was not held responsible for the fraudulent charges and that I did not need to do anything else and they hope that I was satisfied with how the case was handled.That was my last peaceful day.Since then it has hit the fan! I then started getting calls from Travel Services Corp.demanding payment because Capitol One refused to pay. I told them that I did not charge this and they said that I had to.They are now telling me that they are going to start legal action against me for this debt.Capitol One said that they can do nothing else and that I may need to get an attorney.My questions are,How can I prove that I did not make this online purchase and why Capitol One is not dealing with this.They did the investigation.I do not know how this got charged to me or anything about the charges.What can I do to resolve this? I will be glad to send you any information that I may have on this.Thank you for your help.

Answer
I think you may be able to use the Fair Billing Act to help resolve this matter. I'm not really familiar with that law because there are so few opportunities to use it. You can do your own  research into that by putting "fair billing act" into Google and see what you can find out about it and whether you think it can be used in your case or not.

Other than that you may have to wait until a debt collector gets it and then go from there. They will be certain to violate FDCPA and maybe FCRA too and you could use FDCPA or FCRA or both on them to get the matter settled.  

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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