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I use multiple credit cards and pay them off in full each month.

 
Dave Kennett's Avatar
  • Answered by:Dave Kennett
  • Lawyer (JD)
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Customer Question

I use multiple credit cards and pay them off in full each month. I never noticed that a JC Penney's purchase didn't appear on any of my statements. Within the past week I started receiving phone messages from a law office. I was shocked because, in retrospect, I never received a bill for the purchase in question, let alone follow up notices-nothing. I was not trying to get away with anything, as I said, I pay my bills as they come in. When I returned the call to the law office, I was told that I owed them over $550. They could tell I was truly taken by surprise. I asked why the store hadn't questioned subsequent purchases. They told me that JC Penney's cancelled my card in June; one more thing I wasn't never told and that I had probably used a different credit card for those purchases. They said that if I paid $300 now, the debt would be wiped clean; however, I would lose 60 points on my credit score. My god, can this really be happening to me? Nancy -XXX@XXXXXX.XXX

 

Optional Information:
State/Country of Question: Wisconsin

Already Tried:
Nothing yet. The phone call referenced just took place yesterday and, right now, I don't know where to start. I feel like I was sucker punched. I am ok paying the money, afterall, I did make a purchase, but I don't want my credit score jeopardized because of someone else's mistake.

Submitted: 1018 days and 1 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  Dave Kennett replied 1018 days ago.

DearCustomer- Well mistakes like this happen all the time. If all you have received is a phone call and nothing in writing then you will need to respond in writing and dispute this amount and purchase. I believe that Penny's uses a national bank such as GE Credit or something similar for their charges so they may not be of any help but you should be able to trace the disputed purchase back to whatever store the charge was allegedly made.

 

If you don't dispute this it could get on your credit so it is important you take this seriously and get to the bottom of what charge this is supposed to be. If you get sued you will have to defend based on the fact that you never made this purchase. Do not send the $300 unless you know for certain this is legitimate.

 

Dave Kennett

Customer replied 1018 days ago.

Initially I just received a phone call, but after they told me that if I paid $300, this would "go away," they faxed over a letter stating the terms of the payment agreement. So now, I do have something in writing.

 

Also, you said that if I don't dispute this, it could get on my credit. I already told you that my credit score dropped by 60 points.

 

Finally, you said not to pay the $300 unless I know it is legitimate. I have also told you that I did make a purchase with Penney's. There is no dispute there. The promblem is that they never sent a bill or any other written corresondence until the calls from the law office started this past week.

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Expert:  Dave Kennett replied 1018 days ago.

I understand all of this however I didn't realize the credit already was affected. You need to write two letters. One to the attorney disputing this and asking for a complete verification of the purchase, time and date etc. The other letter should be to the credit bureau disputing this account so that they can start their own verification.

 

If you are able to determine that all of this is the error of the collectors you can sue them for defamation of your credit for wrongfully reporting a false charge. You need to obtain proof that this was not your bill whether it was ever sent to you or not.

 

Dave

Customer replied 1017 days and 23 hours ago.

Dave,

 

Thank you for responding so quickly. This has me so upset. My daughter has corrected me. My credit rating has not yet been affected. The reconciliation of this would entail me paying the $300 and THEN also losing a number of points from my credit score.

 

The actual cost of the purchase was around $400. If Penney's would have billed me at the time of the purchase or even if they first now sent me a statement, I am more than willing to pay the full amount of the purchase. I don't think it is reasonable to pay for the law firm to offer me a deal of paying less for the purchase and losing points as well

 

So now that my credit hasn't been affected yet, who should I be notifying first. And because I did receive something in writing does that prevent me from disputing going forward.

 

Thank you,

 

Nancy

Accepted Answer

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Expert:  Dave Kennett replied 1017 days and 23 hours ago.

You certainly can dispute all of this at any time and the sooner the better. If this purchase did not appear on any statement you ever received you have a valid dispute. You don't need to write to the credit bureau if your credit has not been affected. Just deal with the law firm at this point since Pennys could care less once it has been turned over. As I said above Penneys does not carry their own credit accounts as it is handled through a third party financial institution.

 

Dave

Expert TypeLawyer (JD)
Pos. Feedback: 99.4 %
Accepts: 9146
Answered: 8/8/2009

Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations

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