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  1. #1
    Join Date
    Jun 2008
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    Default Credit Card Company Says Payment Not Received

    My question involves a consumer law issue in the State of: New York and maybe the headquarters of the credit card company.

    I paid my credit card -- Juniper/Barclay's Bank -- with automatic payments from my bank. The credit card company says they did not receive the payment and they did not notify my of a problem for 7 weeks, then they charged late fees and increased interest and minimum payments.

    I have proof from the bank that the check was mailed timely.

    When a person signs an affidavit of service, that is only proof of mailing, yet any court accepts that as proof of delivery. Isn't proof of mailing sufficient for credit card payment?

    I really doubt this payment was lost in the mail. I believe the credit card company lost it, either accidentally or intentionally so they could charge me fees. Can I sue them in small claims court in new york?

  2. #2
    Join Date
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    38,867

    Default Re: Credit Card Company Says Payment Not Received

    since when are automatic payments mailed?

  3. #3
    Join Date
    Jun 2008
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    2

    Default Re: Credit Card Company Says Payment Not Received

    as stated in the question, my bank automatically mails a check every month to my creditors. that way I don't have to remember it. it's been working fine for the last three years.

    it's a very common practice. you never heard of internet banking? what do you think an automatic payment is??

    you think an automatic payment automatically means a wire transfer?

    or perhaps the only automatic payment you are aware of is when the credit company automatically deducts payment from the customer's bank account every month. I am switching to that method so there is no future reliance on the postal service or credit company processing center that receives mail.

    not sure why your reply is apparently an aggressive or sarcastic suggestion that I'm either an idiot or a liar. appears to be something wrong with this website. not sure why I thought a knowledgeable lawyer who could understand the questions would bother to answer questions online for free. guess I am an idiot.

  4. #4
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    Jan 2006
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    Default Re: Credit Card Company Says Payment Not Received

    it's a very common practice. you never heard of internet banking? what do you think an automatic payment is??
    Yep and it is all electronic as far as I have experienced. I have never met a person that had such payments made via mail, until you, at least in this century. I thought this was a relic of the past or the action of an accountant.


    not sure why your reply is apparently an aggressive or sarcastic suggestion that I'm either an idiot or a liar. appears to be something wrong with this website. not sure why I thought a knowledgeable lawyer who could understand the questions would bother to answer questions online for free. guess I am an idiot.
    none of the above. I have just never experienced or seen a physically mailed payment by any bank for automatic payments.
    Maybe all the banks I have dealt with simply do not operate in such a manner. Simply foreign to me.

    or perhaps the only automatic payment you are aware of is when the credit company automatically deducts payment from the customer's bank account every month.
    Nope. There is a difference between auto pay and auto deduct. I am speaking of auto pay where the persons own banking institution actively sends payment. In auto deduct, the action is taken by the creditor to remove the funds from your account.

    I have proof from the bank that the check was mailed timely.
    proof of mailing is nothing. Proof of receipt is critical.


    When a person signs an affidavit of service, that is only proof of mailing, yet any court accepts that as proof of delivery. Isn't proof of mailing sufficient for credit card payment?
    So, I don;t quite understand what you have. Do you have only proof of mailing or do you have proof of receipt? You do not really have an action avaiable to you unless you can prove they received the check at some time previous to the debiting of your account.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Credit Card Company Says Payment Not Received

    If you set up automatic payments through the credit card company, they will automatically deduct payments from your account on the agreed schedule. If you set up payments through your bank's automatic bill paying service, depending upon the bank's arrangement with the creditor, the bank may mail a check. If the bank mailed the check, proof of mailing should be available from the bank. If the check cleared, the bank would have records of that as well.

    Have you verified that your personal and account information was correct on the payment sent by your bank?

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Credit Card Company Says Payment Not Received

    I didn't mean to be arguementative concerning the mailed check. It is simply I was not aware that a bank did perform in this manner. Never seen it.

    My first post was not intended to be offensive, merely an inquiry, albeit a poorly worded one. My apologies for the offense.



    If the check cleared, the bank would have records of that as well.
    OP stated the check was not presented for payment for approximately 7 weeks after mailing.

    I really doubt this payment was lost in the mail. I believe the credit card company lost it, either accidentally or intentionally so

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