Legal Question in Credit and Debt Law in Texas

Unauthorized debt transfer

A credit card company paid off my other credit cards using their tranfer service in order to put my debts on their card. I didnt authorize them to do this and didn't even know about it until I received notice that my other creditors showed payoffs on my accounts. When I contacted this company about thier error,they wanted me to just use their service and forget about what they had done.When I told them I wasn't interested in their business, they tried to get me to contact my creditors and either get them to reverse the charges or for me to pay them back. My question is why should I owe them for anything since I didnt ask for this service. There is no record of them paying these other credit cards because a check was sent and as far as my creditors are concerned I paid them off. I feel this other company made a mistake and they should pay for it. If they get away with this then how many other people will they do this to? There has to be a law somewhere to prevent such a act. Someone please let me know my legal rights. Thank you


Asked on 3/08/98, 10:23 pm

1 Answer from Attorneys

Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

Missing Details???

Your posted question implies, but does not clearly indicate, that this new credit card company is somehow charging you a fee or charge or penalty for performing this switch (you say "...why should I owe them for anything since I didn't ask for this service...."). Please elaborate on exactly what and how the new company expects you to pay?

Also, you state that you didn't authorize them to do this transfer--how did they get your other credit card account numbers, etc.--usually one has to complete a written form requesting a transfer, including all the old credit card company info (name, address, acct #'s, etc.). That generally also contains your written authorization for your old creditors to close your existing accounts. Have you checked with each of them (old creditors), in writing. regarding exactly who (& in what written form) authorized the closing of your existing accounts? Most credit card companys are very reluctant to close an existing account and require a written authorization from the account holder before dong so. I do not undertand how this new company could figure out who all of your various exsiting creditors were and get them to close your established accounts without your help. Are you sure you didn't do something like that and just don't remember? Also send a written request to the new company for a copy of whatever supposed transfer authorization that they received from you to do this.

Try contacting your state's Attorney General's office--they probably have a consumer complaints division to handle complaints against merchants, banks, lenders, etc. While I am in Louisiana and am NOT familiar with Texas laws and how they apply to your situation, I would think that the Texas Attorney General's Office might be able to help or at least point you in the right direction.....

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Answered on 3/12/98, 11:24 am


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