What can I do about this cc dispute?... Updated post #13

[heatherdeg]

I used one of my cc's for the flyer miles and rather than pay it off, I decided to transfer it to a 0% promotion through July 2012 (it will be paid off by December).

I was VERY. CAREFUL. to use the transfer check that was designated for the 0% promotion as opposed to a 1.99% (until October 2012) promotion.

I got the first bill yesterday only to find that they put it under the 1.99% promotion.  I was very polite, but firm with the rep who said "Sorry, there's nothing we can do about it--that's the check you used" and I KNOW it is NOT the check I used.  He tried to convince me that the program my balance was in was a very good one, but that's NOT what I signed up for.  His supervisor said that same thing (at this point I was less polite and more angry) saying they couldn't just put me in the other program despite seeing that I had been offered that program--but used the wrong check and despite my calling to TELL them I used the right check.

I told them to close the account.

I can pay off the balance, but I don't want to pay the transfer fees or the interest accrued this month.  And I KNOW I used the right check--I checked it twice.  >:(

What recourse do I have???  It's essentially "he said, she said".  We shred our solicitations so I don't even have the original.  Can I just pay the amount I transferred and call the credit agencies to say that I'm in dispute about the rest??

Please, if the only thing you can say is "if you can pay it in full then why didn't you just do that?" then you're not helping me.  I could explain, but it would be a much longer post.  And it's not exactly offering the information I'm asking for.  

[weliveintheforest]

I wonder if you can insist they provide proof of which cheque you used? They must have a copy or image of the cheque you signed.

[ChristyMarie]

Originally Posted by weliveintheforest 

I wonder if you can insist they provide proof of which cheque you used? They must have a copy or image of the cheque you signed.

That is where I would go with this.  Insist on proof.    You can call them but I would do it in writing.  I might be inclined to send a payment with it - for the full amount of the transfer, minus any fees they say you own.  Clearly state you will pay the fees only when they provide a copy of the wrong check you used.

Sounds like quite a scam.  I might send a copy to the BBB and attorney general and list those addresses as a cc on the letter.

[GirlBoyGirl]

Could it be that the 0% check promotion was expired and the only promo they had going on at that time was the 1.99%?

[crunchy_mommy]

Originally Posted by weliveintheforest 

I wonder if you can insist they provide proof of which cheque you used? They must have a copy or image of the cheque you signed.

That.

Pay the balance itself if you can and don't pay the other charges while you're disputing it.

Report to the BBB if you have trouble resolving the dispute.

[heatherdeg]

The problem is that I don't have the original letter saying which check to use and they're saying the check I used mapped to the 1.99% promotion--which I know darned well is a lie.  And they also said they see that I was offered both--so it wasn't a "this expired" thing.  So if they send me a copy of the check, I still can't prove that it's the check they told me would map to the 0% promotion... kwim?  And we shred stuff like that, so I didn't think to keep it. They can send me whatever, but I can't prove it's the same as what I got.

And that being the case, what do I really have to prove I'm right.  I'm feeling sicker and sicker about this by the minute.  :/

[zoebird]

Yup, I would demand that they provide a copy of the check that indicates which check you used. I believe they have to buy law, because it's not a correct accounting of the debt.

[ChristyMarie]

Wait, did the checks look exactly the same?  There was no difference?  One was not labeled differently from the other so as to show which was which?  If not, how the heck do they know which it was? 

If this is a switch-it type scam as soon as you demand a copy of the check you used they should pause in some way.  I doubt they'll be willing to send a copy if it is a bait and switch.

[heatherdeg]

Originally Posted by ChristyMarie 

Wait, did the checks look exactly the same?  There was no difference?  One was not labeled differently from the other so as to show which was which?  If not, how the heck do they know which it was? 

If this is a switch-it type scam as soon as you demand a copy of the check you used they should pause in some way.  I doubt they'll be willing to send a copy if it is a bait and switch.

The checks were numbered.  They said I used #1192 which mapped to the 1.99% rate.  I no longer have the solicitation that tells me it should map to the 0% rate.  There WAS SOME way to tell them apart, but you had to be very careful... and I WAS.  This is why I'm so livid.

[ChristyMarie]

Did you try googling them?  If this has happened to others I think I would fight harder.  You might also find some tips about how to deal with it.

I still think there's nothing to lose by sending a firm letter with payment (minus the fees) and restating why you should not be charged the 1.99%.  Repeat, repeat, repeat.

[heatherdeg]

So, I Googled them.  LOTS of nasty bait & switch complaints, but 1) nothing this year and 2) nothing quite like my sitch.  I called again today and AGAIN tried to go through a CSR and another supervisor.  They can provide me a copy of the check with the promo code to show it matches the promo code on my statement.  I AGAIN tell them that this does not resolve the fact that the check I was TOLD to use for the 0% rate was the check I used (regardless of what rate that check mapped to in their system--it was the check they told me to use for 0%).  No matter.  They didn't care.

I honest-to-God don't even know where to find an attorney for this.  I did close the account.  I will be notifying the credit reporting agencies of the dispute.  But how is it going to affect my otherwise stellar credit if I don't pay?  I'm thinking it's going to be a serious ding, especially if it gets to collections and that's so NOT a place I want to get to.  I'm really not in a mental place to deal with their tactics (above and beyond what THAT would do to my credit file).

I submitted a complaint with the BBB today, and closed the account the first day I got the bill & they refused to remedy this.

[swd12422]

I would ask them to send you all the paperwork associated with the promotion, including a copy of the check you sent them. Also ask to whom your attorney should address his correspondence, and insist on getting a name and title for that person. Do this with the 2nd or 3rd-level supervisor, not the first one you get at the call center. Keep asking to go up to the next step in the chain -- they should be happy to pass you up to someone in corporate rather than someone supervising the call center. I'd also ask the attorney if you need to file a formal complaint or a police report (they didn't exactly steal from you directly, so I'm not sure it's a criminal matter in that regard), something to show that you are serious about knowing what your intentions were with the check and that you truly believe they have erred on their side and need to rectify it, so that it doesn't look like you're just another customer trying to get over on them by not paying your bill.

[heatherdeg]

UPDATE 

So, I filed the BBB complaint yesterday, late in the day, and today I got a call from someone in their Office of Executive something-or-other.  The guy said he reviewed the account, apologized, and told me that he initiated a process to move the balance (minus accrued interest) into the 0% program I thought I signed up for.  Process would take 1-2 days to complete and I would see a credit for the accrued interest.  He said that interest has accrued since the statement cut and he was marking it on his calender for 25 days from now to go in and credit back that accrued interest, too.

Very polite.

Of course, I'm hesitant to close the BBB complaint until I get the next statement; but man--glad I didn't have to get into litigation about it.

He said that even if you had made a mistake--calling it in immediately like that should've been enough to have it changed.

*deep breath of relief*

[crunchy_mommy]

Good to hear. Yeah, I'd wait 'til it's 100% resolved before closing your complaint... who knows what will show up on your next statement...