Legal Question in Credit and Debt Law in Connecticut

collection of closed account debt

I had a Dept. store credit card - account was closed because bank issuing card went bankrupt (FCNB)..I continued monthly payments moved in June 2003..sent in new address and phone #-At this point I was still paying FCNB-I did not receive bill and made calls to try to contact Company. I learned they went bankrupt-had no phone #-or any way I could find to contact them.In Oct.2003 got a call from a company taking over FCNB accounts- pay 45.00 a month and in 3 months account would be current..I never received any notice or bill from their company but paid the 45.00 anyway. I got a statement from them-(My first)Thanking me for payment of 45.00 and then charging me a 35.00 late fee I noticed they had charged my account 3 months late fees bringing balance well over my credit limit and then proceeded to charge me over the limit fees--On a closed account.My account had been closed 6 months before they got it-I disputed charges 3 months ago asked for documentation of my charges and fees-they refused my dispute and said I had to pay for documentation- now account is about 500 more than my actual debt-phone calls have been non stop...Is this all legal?...can a third party creditor add penalities,late charges on a closed account-


Asked on 2/07/04, 11:45 am

1 Answer from Attorneys

Stephen Silverberg Silverberg Law Office

Re: collection of closed account debt

Even lawyers can be victimized by this tactic. I had a credit card account once on which I was very careful to pay the full balance each month. This apparently upset the card issuer, because one month my payment was not credited until 12 days after I mailed it, which was one day late, so they charged me a late payment charge. I called and protested, and was told "nothing I can do" so I asked for a superior. The superior offered to remove half of the charge if I would pay the other half. Out of principle, I refused and demanded that the entire charge be removed. I wrote the requisite dispute letter. My next statement showed half of the late charge removed, BUT a full late payment charge was added because I hadn't paid the other half. Also, I was charged interest on the unpaid late charge. So I wrote another dispute letter. It was acknowledged, but nothing was done. Following month, another late charge, and more interest. Another dispute letter. Eventually I ignored them, and eventually they stopped bothering me, but when I checked my credit report, I found that they claimed a writeoff of an uncollectible debt of around $300, comprised entirely of late charges and interest on the late charges.

On to your problem. Clearly, you are in the right. Also clearly, they will pay no attention to you until, like a dog at his vomit, their noses are rubbed in it. To accomplish this, I suggest you contact attorney Joanne Faulkner, who is located in the New Haven area. She is as venomous as a rattlesnake and has the street-fighting attributes of a pit bull, which is exactly what you need going for you.

DISCLAIMER: I have neither a social nor a professional relationship with this attorney, and I will not receive any compensation from her for recommending her services to you, regardless of the outcome of your case.

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Answered on 2/08/04, 12:14 am


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