Legal Question in Credit and Debt Law in Virginia

My bank proved I paid! Credit card company won't post it to my account!

I've had it with Cross Country Bank. They add fees for phone payments...I have never made a phone payment. They charge fees for things I don't even know about. I have paid $1775 this past year on a card with a credit limit of $1300. I never use the darn thing and only have $97 in avail. credit. I paid my bill on 12/1/05 and my bank has called them and faxed 2 copies of the electronic payment and Cross Country Bank still says I didn't pay. I know the scam now. My payment was due today (12/8). They'll probably post it in the next day or 2 but not until they charge me a late fee, then my interest (which they seem only to charge when it will throw me over the limit) and then they'll toss an overlimit fee on it as well. This has become a common occurance with these jerks. What can I do. I want to just pay the total and get rid of it but my fear is they will just claim they didn't get it on time and start the crap all over again. Thanks.


Asked on 12/08/04, 10:42 pm

2 Answers from Attorneys

Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: My bank proved I paid! Credit card company won't post it to my account!

I have read other online complaints about this credit card issuer. I would write to the corporate offices (in WVA I think), including all your support of payment, with a copy to the appropriate state and federal regulators.

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Answered on 12/08/04, 11:10 pm
Jonathon Moseley Jonathon A. Moseley

Re: My bank proved I paid! Credit card company won't post it to my account!

You raise a lot of interesting points, but the critical issue in something like that is not the theory but the hard proof. I think it would be most interesting if you can document that your bank (checking account bank) paid out the money on certain dates and it was only posted to the credit card bank after the due date. However, to get anywhere with a claim like this, you would have to document this on a number of different months to show that it is a consistent pattern (not 100% all the time, but at least a repeating event) rather than a one-time or innocent mistake. Also, your documentation would need to be very clear, very good, and very organized, leaving absolutely no doubt about it. That would ahve to include the fact that a late fee was charged. Unfortunately, to have a lawsuit you would probably have to endure this for a while longer, to collect proof. And to have a lawsuit you could bring, you would need to actually pay the late fees, because your lawsuit would be based upon being defrauded out of the late fees. If you had not paid the late fees, you would not have "standing" (speaking loosely, actually damages) in order to be able to sue.

However, you might be able to bring a lawsuit and seek some large punitive damages. When you have this evidence collected, give me a call and perhaps I can file such a lawsuit for you, possibly even on a contingency basis.

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Answered on 12/08/04, 11:48 pm


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