AboutMichael Brotherton Expertise Consumer/Debtor Rights Advocate.
Current President of Financial Emergency, Inc FKA Debt Mediation & Financial Counseling. Inc, a debt mediation service.
30 years in the credit and collections industry. Former loan officer and debt collector. Managed two middle to large finance companies.
I am well versed in Loss Mitigation practices and the legal collection process. I have helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com.
We actively promote Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. It is my opinion that the more informed you are of your rights in the credit and collections practices the more peace you can have dealing with your FINANCIAL EMERGENCY.
Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be.
Primary business- Debtor Rights Advocacy and Debt Mediation relating to foreclosure, creditor lawsuits, and other serious financial problems.
www.financialemergency.com (copy and paste in browser)
Experience Former loan officer 23 of last 30 years. I have been a debt counselor and mediator since 1992. Current owner of Financial Emergency, Inc. A Debtor Advocacy organization. I also have a radio program called "Financial Emergency" where I routinely answer call in questions from listeners about credit, debt, and the collection system. My emphasis is on "Consumer/Debtor Protection" and the collection process.
Education/Credentials Many years hands on experience. No formal eduction other than Finance and Credit Management training through former employers where I managed two rather large finance companies.
Awards and Honors Numerous letters of recognition from previous employers for excellence in my field.
Expert: Michael Brotherton Date: 4/24/2008 Subject: Unauthorized Credit Card Charges
Question It was necessary for my daughter to stay in a motel after being discharged from the hospital after several weeks of chemo. She lives in California and I live in Tennessee. Her friend went to the motel, booked the room in her name and paid for three nights before picking up my daughter at the hospital. I had stayed at this motel in February when I went to be with my daughter during some of her chemo. It was a nice place, clean room and friendly staff and is the reason we chose this motel for her to stay until she would go back to the hospital for more chemo.
I authorized the payment of two nights only on my Visa card (debit/credit card issued by my bank). I have the faxed receipt from the motel for the $160.00 that was to be charged to my card for the nights of 4/9/08 and 4/10/08. My daughter paid for the remaining time she was there. She checked out on 4/17/08. On 4/22 a message was left on my recorder by one the desk clerk that I had authorized the payment of two nights to call him. I returned the call and he proceeded to tell me that my account had been charged $500.00 for room damage - mirror in bathroom broken & graffiti scratched into it. I told him that I found it highly unlikely that the damage was done by my daughter. He stated that several people had visited her. I told him that I found that highly unlikely also since she had to be extremely careful to avoid infections. I advised him that I would check with my daughter and her friend about this matter. My daughter, the friend who paid for the first three nights, a former guest who had stayed in the same room, and a preacher and his wife can attest to the fact that the mirror was already damaged when she checked into the room. I called my bank and had my card cancelled. I was told that the charge was run through on 4/17 and not on 4/9 as my receipt from the motel shows. The clerk waited five days (4/22) to advise me of the "damage charges". The customer service representative told me to go to the bank and fill out a Dispute Form. I went to the bank on 4/23 and filed a dispute. My financial representative checked my account and that is how I found out that the $160.00 was not deducted on 4/9 and the $500.00 plus another $103.15 had been run through on 4/17. I relayed all this information to my dayghter and her friend. The friend (who booked the room) went by the motel to see the General Managers. I dealt with when I stayed there and were very nice people.
They knew my daughter's circumstances and told me when I had to come back to California to contact them and they would give me a special rate. The friend asked to speak to the General Managers. However, the clerk on duty called the clerk that is alledging the damage. He told the friend that the General Managers were out of town and was evasive when she asked him when they would be back. Should I call this clerk back and let him that I have filed a dispute with my bank because I did not authorize these charges? Also, does this constitute fraud, and should this be reported to the police? If this clerk, and I am sure with the help of the other staff, has scammed me, may have done this before and certainly could do so again. I am sure because I am a 71 year old woman he felt that I wouldn't question this. My daughter, her friend and I will still try to contact the General Managers about this situation as I am sure they are not aware of this. Your advices will be appreciated.
Answer You are probably correct that they are scamming you and have probably done so to others. First, try to get affidavits from anyone you can as to the condition of the room before she stayed there. Then file a complaint with the state attorney general and look up info on the government agency that regulates motels/hotels in that state and file a complaint with them as well. If push comes to shove and they want to continue their efforts to collect from you, your daughter may file a small claims suit against the hotel and you can be a witness or participant in the suit. Force the issue and this may bring it to a conclusion.
You may also want to send the general manager a certified letter with restricted delivery so they have to sign for it. You want to do this to avoid the clerk intercepting it. Explain the circumstance and advise them you have or intend to file the complaint with the governing agency.
Just a thought, if they are a chain motel contact the executive office of the chain and talk to an executive in charge of that area. They may be interested in knowing what is going on.
You may also contact the police there and see if they have had similar complaints, then file a complaint if they will allow you to.
Question- was the fee they charged reversed on your account and charged back to them? If so, make sure youpay them what you actually owe them but not the overcharge. Do this by money order or check, no credit card.
