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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We have a fuel card account with "FUEL MAN" our bill is on

Customer Question

We have a fuel card account with
"FUEL MAN" our bill is on 7day cycle with a specified due date. However when we make a payment on said due date it takes 48hrs to process the payment before receipt shows up on their system and so they charge late fees. For example payment is made 6th of the month over the phone with a credit card with their personnel or online in their portal and payment appears 48hrs later and we are charged a 7% late fee. In addition charges apply to said bill as well as the next due bill. Your advice wow be greatly appreciated
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this situation. Can you please tell me:

1) Have you attempted to resolve the issue by simply calling the card company? If so, what do they say?

2) How much in late fees have you already paid?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 years ago.
We have contacted them in an effort to resolve same . Total charges July to current appx $14,000
They offered to refund to ;ate fees appx $50000Note no one in the company advised of the these late fees we were only aware when we reconciled the account as our rep was just paying the total fees and not scrutinizing the line items
Customer: replied 2 years ago.
Sorry $5,000 refund
Expert:  Ely replied 2 years ago.

Thank you.

So you have overpaid by $14k, but they are offering only a $5k refund? Or the whole thing?

Customer: replied 2 years ago.
We have paid all the late fee charges appx $14,000 as we would not be able to get additional fuel and they are only refunding $5000 as stated. We need to know if they can legally charge the late fee when the payment is made on the due date stated on the bill and if not what is our recourse
Expert:  Ely replied 2 years ago.

Thank you.

The legal doctrines of contract are not clear as to whether or not the payment counts on when it was PAID or when it was PROCESSED or when it was RECEIVED by the party. As such, this falls back on to your contract. If your contract states that the payment counts on day of payment, then you were not late. If it states that it counts on day of process or receipt, you may have been. So first, the contract controls.

If the contract is SILENT, then the Court has the right to fill in what is reasonable. As such, someone in your situation can file for a declaratory judgment (see HERE), asking the Court to decide what is fair. Given that this would affect many people who hold this card, this may even be a class action suit for mass refunds. I highly recommend seeking out counsel to consider this option.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 2 years ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!