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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33719
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have worked a month on my Father's Home Depot/Citibank

Customer Question

I have worked a month on my Father's Home Depot/Citibank Credit Card. We are never late paying and wanted to do the right thing and let them know I had missed a lot of work due to my father being in the hospital. She stated she closed the account and when I asked about that she quoted me interest rates, Not long after I found out that they had reported my father deceased and they have still not resolved. This has been emotionally trying on both of us he is 90.
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you saying that you were paying off father's credit card for him but were going to be late paying due to you missing work?

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Did they report that he was deceased to the credit reporting agencies?

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What is your legal question that I can help with this morning?

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thanks

Barrister

Customer: replied 3 months ago.
Just the monthly payment and everything is in writing. I told her my father was 90 and had been critical in the hospital. Stated he was at home now but I had to get a nurse kids in college, missed a lot of work so I was behind on bills for the month told her we had never been late and wanted to know if we could make an arrangement. During our convo she started quoting the copy paste 101 of interest etc. I am pulling a report today as we received several phone calls that were not them. They have not resolved the last they have spoken to me was to fax Daddys info to probate on 8/16. My question is hard to ask as all would need to be read not only was it my mothers anniversary of her death me nor my father were not taking it well then we received a letter to the estate of Dewey Cobb. This got to be too much and no less than 30 plus hrs trying to get it corrected. My Daddy doesn't need this and we want to know if we can sue them
Customer: replied 3 months ago.
We have never sued anyone, ever but the course of action we have had to take and constantly proving he was alive. He is disabled they made him go to a Home Depot store then told him to fill out an application. My son had to take him I am unable to drive as well
Customer: replied 3 months ago.
He had this card for like 25 or so years and we could care less about the card now.
Expert:  Barrister replied 3 months ago.

That is very troubling and pretty inconsiderate on the part of the credit card rep to treat you this way considering what you were going through at that time..

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As for suing, it is not likely that they did this intentionally to father or you to cause you emotional distress, the rep was simply an idiot who has no compassion for other people. So I don't think you could maintain a suit for intentional infliction of emotional distress as that requires and intentional act.

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However, if they have reported father as being deceased to the credit agencies, father could (with your help and an attorney) sue them for libel and defamation because they have reported false information to a 3rd party which has negatively affected father's reputation and credit history.

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The problem with this is that you are going to spend more on an attorney than you would get in any settlement because an attorney is going to charge several thousand up front as a retainer as this is not a case an attorney will take on a contingency basis. And further, they can defend by simply saying, "It was a mistake and/or clerical error, not something intentional" and a judge may only order minimal damages.

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With that said, if they haven't corrected the problem with their reporting him deceased, you could have a local attorney send a "demand" letter basically threatening to sue them if they didn't correct the problem immediately. Typically once a company gets contacted by an attorney threatening to sue for their mistake, they fix things pretty quickly.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 3 months ago.
I do not lie but I have both sides of conversation you may laugh but I could take no more seeing what it was doing to Daddy I had an emotional breakdown but I understand what you are saying I work for one of the largest companies in the US and know she was stupid. When I complained again about the letter that inconsiderate rep did not even read said sorry for your loss and said I have deactivated the account AGAIN. I will come back but on a conference call for work and need his credit report that I will get today. Thank You
Expert:  Barrister replied 3 months ago.

I understand completely...these reps are poorly trained and just start reading a script given to them by their employer whenever a customer mentions certain issues. The don't even listen to the customer or what they are saying once they start reading their script... They apparently were so ignorant that they thought you were reporting father's passing to them and were taking their standard procedure of shutting down the account..

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So yes, definitely pull his credit because if you have clearly communicated that father is not deceased and they have still sent in a report stating he is, then that gets into negligent infliction of emotional distress simply due to HD hiring idiots to man their customer service phones..

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thanks

Barrister

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