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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
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    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
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    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

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Credit Card Company Says Payment Not Received

    OP didn't really say whether the check cleared the bank or not - just that the credit card co. said, 7 wks. after it was to be mailed, that they didn't receive it & charged late fees & interest. That might be why aaron mentioned that. It seems OP thinks check might have been lost by credit card co. I'm not sure check ever cleared.

    OP - did you verify if the check ever cleared the bank & verify with the bank, as aaron asked, if the info on the check was all correct?

  8. #8
    Join Date
    Apr 2008
    Location
    Las Vegas, NV
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    66

    Default Re: Credit Card Company Says Payment Not Received

    Not sure who you bank with, but have you checked with the bank to see if they will contact Juniper/Barclays? They may be able to get any late fees/over limit fees refunded. I know my bank has returned late fees to me if my credit card company will not provided the bill was paid through bill pay. You might want to check on this...

  9. #9
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    Jan 2006
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    Default Re: Credit Card Company Says Payment Not Received

    Quote Quoting Betty3
    View Post
    OP didn't really say whether the check cleared the bank or not - just that the credit card co. said, 7 wks. after it was to be mailed, that they didn't receive it & charged late fees & interest. That might be why aaron mentioned that. It seems OP thinks check might have been lost by credit card co. I'm not sure check ever cleared.

    OP - did you verify if the check ever cleared the bank & verify with the bank, as aaron asked, if the info on the check was all correct?
    Ah, yes. I was reading it that the check finally cleared. Now that you say this. I do not see where the original check cleared. OP may have made a second payment to cover a lost check.

    That would actually make more sense. Mail service, although it does have its share of problems, generally does not take 7 weeks to deliver mail. So, if the check was never proven to be received, how can anybody prove anything concerning the check. Due to that, even if the CC company threw the check away, unless marinalord has some proof they did in fact receive the check, a court will not arbitrarily claim they have. As great as the USPS is, they do lose mail once in awhile. Been a rash of rogue carriers that hoard the mail at their homes lately. Maybe it is in somebody's garage.

    So, back to the issue;

    do you have proof of when they received the check?

    and

    was the check ever presented for payment?

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