Expert: Apex Credit Services, LLC - 12/24/2007

Question
I made my credit card payment, on time, through their website. It cleared my bank account but never posted to my credit card account. This sent me over the limit when they charged a late fee and an over the limit fee.I faxed them all the paperwork they asked for from my bank and am still getting several phone calls a day at home and at work. I called and explained the situation and was told they calls would "temperaly" stop, and then less than 30 min later, recieved another call. This is not my fault, I have fone everything they ask, and they are still making me feel like a deadbeat. How do I get the calls to stop?

Answer
Dear Tracy:

    Unfortunately, this is not an uncommon problem.  It would be advantageous to know the approximate timeframes we're discussing in terms of when the payment was made, when it cleared, and when thereafter the calls began.  Without knowing that, we can only apply general rules but, the following seems as if it is applicable to you.

     There is a federal law titled the Fair Credit Billing Act.  It governs the precise situation which you are experience.  It short, the crux of the Act states that creditors must credit payments in a timely fashion when they are received.  When, in instances such as yours, payment is made but, not credited, the Act is still applicable insofar as their remains a billing/payment dispute.

     With that said, here is what I would advise under the auspices of the aforesaid Act.  First, call the creditor and ask for the correct department for which to send a billing dispute.  Get their address inasmuch as the Act prescribes that all communication MUST be reduced to writing and sent to the appropriate department.  Secondly, write to the creditor and therein, convey what you've already conveyed to us.  In other words, clearly state that you made payment via their online remittance service, state the date, reference that it was issued before the deadline and attach your supporting documentation that your bank issued to you.  Third, state the relief that you want.  Here, you should ask for reversal of the over-the-limit and late payment charges.

    This serves a few faucets.  First, it invokes the Act which requires the creditor to conduct an investigation.  Secondly, it will prevent them from taking additional measures in pursuit of collection; including but, not limited to calling you and placing derogatory information upon your credit reports until said investigation is concluded.  From what you've described, I am not inclined to believe that the creditor will conclude the investigation in a manner which adversely affects you.  However, if they do, the Act provides a private cause of action which would afford you an actionable claim against them.  Again, I don't feel that it would come to this but, you could institute a civil action against you if they damage you via a credit denial with another entity or cause you to suffer an increased rate with respect to another account you currently have.

    I hope this answers your question and have a happy holiday.

             Apex Credit Services, LLC