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CC transactions dispute help

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Regular Contributor

Re: CC transactions dispute help

i


@corpcrmgr wrote:

Send a letter to the CCC disputing the charge. Send a letter to the dealer stating you will take legal action if it doesn't reverse the charge. Give them a week. Then go to the police and the city prosecutor that has jurisdiction for where the dealer is located. Send a letter to the Attorney General for your state. All letters should be sent return receipt AKA the green card. You may also wish to contact an attorney or depending on the limitations in your state file a small claims court suit against the dealership. Good luck!


I did sent a letter disputing the charge but they are siding with the dealer, I was thinking of contacting the DMV office and opening a fraud case against with them before getting a lawyer and spending that money.

FICO 08 Scores EX 670 EQ 706 TU 675, Goal 800+
Message 11 of 18
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Valued Contributor

Re: CC transactions dispute help


@Albert_E63 wrote:

i


@corpcrmgr wrote:

Send a letter to the CCC disputing the charge. Send a letter to the dealer stating you will take legal action if it doesn't reverse the charge. Give them a week. Then go to the police and the city prosecutor that has jurisdiction for where the dealer is located. Send a letter to the Attorney General for your state. All letters should be sent return receipt AKA the green card. You may also wish to contact an attorney or depending on the limitations in your state file a small claims court suit against the dealership. Good luck!


I did sent a letter disputing the charge but they are siding with the dealer, I was thinking of contacting the DMV office and opening a fraud case against with them before getting a lawyer and spending that money.


To be clear, even though you're left holding the bag, the party at fault is clearly the dealership.  Chase and other banks protect you from charges that you don't authorize, such as when my card was used for Uber in Hong Kong, and I've never been there.  In this case, you authorized the charge so there is no dispute with the charges themselves being fraudulent.  You agreed to the charges and would have been fine with them if you got your truck.

 

Instead of bank (credit card) fraud, you have a problem with the dealership taking payment and not delivering goods or services as agreed.  If there is a dispute with the dealership, and you file a police report, you (may) be able to get Chase to reverse the charges while an investigation takes place or they (may) allow those charges not to be "due and payable" pending the outcome of a police investigation if they are disputed.   In the long run, Chase probably isn't going to 'eat' these charges; someone is going to pay them back.  Like other correspondence related to your case, I highly suggest you contact Chase *IN WRITING* by certified mail to establish a formal record of your case and complaint. 

 

Proceed with well-documented correspondence and I highly suggest you get an attorney.  File that police report.  One way or the other, whether it's through criminal charges or through a civil lawsuit, you should be able to recoup your money.  It just may take some time and grief.  Contact your state bar or their website for assistance in locating a suitable properly-certified attorney.   While many different law firms might accept your case, you may want to find someone specializing in business and consumer fraud.  

 

Also, contacting your Better Business Bureau and the DMV as you mentioned may be a good idea.  Dealerships have business licenses in order to sell, and I'm sure they'd be interested in your situation.  You may be able to get the dealership's license revoked, especially if there are multiple complaints filed. 

 

Good luck.  



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Message 12 of 18
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Regular Contributor

Re: CC transactions dispute help


@Aim_High wrote:

@Albert_E63 wrote:

i


@corpcrmgr wrote:

Send a letter to the CCC disputing the charge. Send a letter to the dealer stating you will take legal action if it doesn't reverse the charge. Give them a week. Then go to the police and the city prosecutor that has jurisdiction for where the dealer is located. Send a letter to the Attorney General for your state. All letters should be sent return receipt AKA the green card. You may also wish to contact an attorney or depending on the limitations in your state file a small claims court suit against the dealership. Good luck!


I did sent a letter disputing the charge but they are siding with the dealer, I was thinking of contacting the DMV office and opening a fraud case against with them before getting a lawyer and spending that money.


To be clear, even though you're left holding the bag, the party at fault is clearly the dealership.  Chase and other banks protect you from charges that you don't authorize, such as when my card was used for Uber in Hong Kong, and I've never been there.  In this case, you authorized the charge so there is no dispute with the charges themselves being fraudulent.  You agreed to the charges and would have been fine with them if you got your truck.

 

Instead of bank (credit card) fraud, you have a problem with the dealership taking payment and not delivering goods or services as agreed.  If there is a dispute with the dealership, and you file a police report, you (may) be able to get Chase to reverse the charges while an investigation takes place or they (may) allow those charges not to be "due and payable" pending the outcome of a police investigation if they are disputed.   In the long run, Chase probably isn't going to 'eat' these charges; someone is going to pay them back.  Like other correspondence related to your case, I highly suggest you contact Chase *IN WRITING* by certified mail to establish a formal record of your case and complaint. 

 

Proceed with well-documented correspondence and I highly suggest you get an attorney.  File that police report.  One way or the other, whether it's through criminal charges or through a civil lawsuit, you should be able to recoup your money.  It just may take some time and grief.  Contact your state bar or their website for assistance in locating a suitable properly-certified attorney.   While many different law firms might accept your case, you may want to find someone specializing in business and consumer fraud.  

 

Also, contacting your Better Business Bureau and the DMV as you mentioned may be a good idea.  Dealerships have business licenses in order to sell, and I'm sure they'd be interested in your situation.  You may be able to get the dealership's license revoked, especially if there are multiple complaints files. 

 

Good luck.  


Thank you for the advise I'm going to start tomorrow and I thought using my CC would protect me if I never received the product I was purchasing but hey you learn something new every day.

FICO 08 Scores EX 670 EQ 706 TU 675, Goal 800+
Message 13 of 18
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Valued Contributor

Re: CC transactions dispute help


@Albert_E63 wrote:

Hi hope everything is well and staying safe,

 

I have a situation with a transaction I'm disputing with my credit card company for a truck I was purchasing. I used the credit card because the dealer where I was purchasing a truck looked sketchy and thought using a credit card was safer then using any other payment options, So long story short I was purchasing a truck from a small dealership for a decent price compared to the rest on the market and asked them if it was okay to use a credit to pay for the truck and was told it wouldn't be a problem I would just need to wait 2 days til the funds cleared and I could take the truck, I called them in 2 days and was told they had a problem with the CC machine and the funds weren't in their accounts and didn't show any pending transaction yet it showed posted on my statement so I asked them to cancel the transaction and give me a refund but was only given an bill of sale stating the transaction was cancelled but they couldn't give me a refund because they hadn't received the funds so i initiated a dispute with the CC company to get back the money but they are fighting the dispute and my CC company agreed with them saying the dispute was considered valid in favour of the merchant.

 

anyone have someone has some advice on what I can do because I never received the truck or the refund and now I'm being charged for the full amount.

 

Thanks in advance 


Here is another tip. If they said they'd have to wait until the funds clear on an approved CC transaction, I would have questioned that and declined if they insisted I needed to wait. An approved CC transaction is almost a guarantee that they will get the money (like a cashier's check), so there is no need for them to wait until if and when it clears, because it will clear.

Scores, HPs/24 mos. (updated 10/09/20):
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   TransUnion = 815, 1/24
    Equifax = 819, 0/24

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Message 14 of 18
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Mega Contributor

Re: CC transactions dispute help


@Aim_High wrote:

@Albert_E63 wrote:

i


@corpcrmgr wrote:

Send a letter to the CCC disputing the charge. Send a letter to the dealer stating you will take legal action if it doesn't reverse the charge. Give them a week. Then go to the police and the city prosecutor that has jurisdiction for where the dealer is located. Send a letter to the Attorney General for your state. All letters should be sent return receipt AKA the green card. You may also wish to contact an attorney or depending on the limitations in your state file a small claims court suit against the dealership. Good luck!


I did sent a letter disputing the charge but they are siding with the dealer, I was thinking of contacting the DMV office and opening a fraud case against with them before getting a lawyer and spending that money.


To be clear, even though you're left holding the bag, the party at fault is clearly the dealership.  Chase and other banks protect you from charges that you don't authorize, such as when my card was used for Uber in Hong Kong, and I've never been there.  In this case, you authorized the charge so there is no dispute with the charges themselves being fraudulent.  You agreed to the charges and would have been fine with them if you got your truck.

 

Instead of bank (credit card) fraud, you have a problem with the dealership taking payment and not delivering goods or services as agreed.  If there is a dispute with the dealership, and you file a police report, you (may) be able to get Chase to reverse the charges while an investigation takes place or they (may) allow those charges not to be "due and payable" pending the outcome of a police investigation if they are disputed.   In the long run, Chase probably isn't going to 'eat' these charges; someone is going to pay them back.  Like other correspondence related to your case, I highly suggest you contact Chase *IN WRITING* by certified mail to establish a formal record of your case and complaint. 

 

Proceed with well-documented correspondence and I highly suggest you get an attorney.  File that police report.  One way or the other, whether it's through criminal charges or through a civil lawsuit, you should be able to recoup your money.  It just may take some time and grief.  Contact your state bar or their website for assistance in locating a suitable properly-certified attorney.   While many different law firms might accept your case, you may want to find someone specializing in business and consumer fraud.  

 

Also, contacting your Better Business Bureau and the DMV as you mentioned may be a good idea.  Dealerships have business licenses in order to sell, and I'm sure they'd be interested in your situation.  You may be able to get the dealership's license revoked, especially if there are multiple complaints filed. 

 

Good luck.  



@Aim_High wrote:

@Albert_E63 wrote:

i


@corpcrmgr wrote:

Send a letter to the CCC disputing the charge. Send a letter to the dealer stating you will take legal action if it doesn't reverse the charge. Give them a week. Then go to the police and the city prosecutor that has jurisdiction for where the dealer is located. Send a letter to the Attorney General for your state. All letters should be sent return receipt AKA the green card. You may also wish to contact an attorney or depending on the limitations in your state file a small claims court suit against the dealership. Good luck!


I did sent a letter disputing the charge but they are siding with the dealer, I was thinking of contacting the DMV office and opening a fraud case against with them before getting a lawyer and spending that money.


To be clear, even though you're left holding the bag, the party at fault is clearly the dealership.  Chase and other banks protect you from charges that you don't authorize, such as when my card was used for Uber in Hong Kong, and I've never been there.  In this case, you authorized the charge so there is no dispute with the charges themselves being fraudulent.  You agreed to the charges and would have been fine with them if you got your truck.

 

Instead of bank (credit card) fraud, you have a problem with the dealership taking payment and not delivering goods or services as agreed.  If there is a dispute with the dealership, and you file a police report, you (may) be able to get Chase to reverse the charges while an investigation takes place or they (may) allow those charges not to be "due and payable" pending the outcome of a police investigation if they are disputed.   In the long run, Chase probably isn't going to 'eat' these charges; someone is going to pay them back.  Like other correspondence related to your case, I highly suggest you contact Chase *IN WRITING* by certified mail to establish a formal record of your case and complaint. 

 

Proceed with well-documented correspondence and I highly suggest you get an attorney.  File that police report.  One way or the other, whether it's through criminal charges or through a civil lawsuit, you should be able to recoup your money.  It just may take some time and grief.  Contact your state bar or their website for assistance in locating a suitable properly-certified attorney.   While many different law firms might accept your case, you may want to find someone specializing in business and consumer fraud.  

 

Also, contacting your Better Business Bureau and the DMV as you mentioned may be a good idea.  Dealerships have business licenses in order to sell, and I'm sure they'd be interested in your situation.  You may be able to get the dealership's license revoked, especially if there are multiple complaints filed. 

 

Good luck.  


While credit cards certainly do protect you against charges you don't authorize (zero liability blah blah!) they DO also offer other protections, one of the reasons why we suggest using them.

 

From a recent statement (this is US Bank but most are similar)

 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we
own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses
your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Cardmember Service

 

 

(It's strange that fully paying removes your protections!)

Message 15 of 18
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Regular Contributor

Re: CC transactions dispute help


@Albert_E63 wrote:

@longtimelurker wrote:

Before advising "contact the police" I personally would want more detail!    What did the credit card company say when they resolved it in favor of the merchant?  (They agree that the merchant got the funds, but somehow delivered the service?).

 

Not being a lawyer I don't know the ins and outs of getting the police involved.   You paid the credit card company money, not the merchant, so is it the cc you should go after? Or is it OK to accuse the merchant since the contract was with them?


This what the CC company told me "While you may have a valid complaint with the merchant, the results of our additional review confirm
that the transactions are valid and no billing error occurred on your account" im not sure if they understand and i really thinking of calling the police and getting a case# so i can get a lawyer because its BS that my own CC is siding with them when im providing them with a document the dealer gave me saying the transcation was cancelled.

 

Anyone know what type of lawyers work on these type of cases  ?


I recommend googling "[State Name] State Bar Association lawyer referral" in Google and giving the state bar a call as in each state they will hear out your case then gives a referral to what kind of lawyer they think would be best for you. 

 

I almost feel that your dispute was not labeled correctly since the transaction was infact valid, but the end you were unsatisified with services not rendered or delivered would be a more correct label that if you call and ask maybe your card issuer will have a new tune to go with. As even they themselves mention you have a valid grievence with them.





Message 16 of 18
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Regular Contributor

Re: CC transactions dispute help

No sarcasm here, I'm serious. This is why I use AmEx. And for the same reason, this is why merchants hate accepting them. 

 

Now onto helping you. This is a black-and-white "goods/services not delivered" with no gray area, or there should not be. Merchant agreements and dispute processes do not preclude you from pursuing these guys in civil court or for criminal charges. I'd go for both, sooner rather than later, before the company has a chance to pull off their fly-by-night act. 

Message 17 of 18
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Established Contributor

Re: CC transactions dispute help


@ddm2k1 wrote:

No sarcasm here, I'm serious. This is why I use AmEx. And for the same reason, this is why merchants hate accepting them. 

 

Now onto helping you. This is a black-and-white "goods/services not delivered" with no gray area, or there should not be. Merchant agreements and dispute processes do not preclude you from pursuing these guys in civil court or for criminal charges. I'd go for both, sooner rather than later, before the company has a chance to pull off their fly-by-night act. 


^^Agree completely. I think this is a new scam method. They use billing as the way to fight/open a chargeback when it has absolutely nothing to do wih billing. The proper reason was not receiving goods/services. Please, Please call your local police asap to file a report. (They can come out to the house and you can sit out on the deck/porch to take the report if you are concerned with covid.) This is what is used to fight the charge. I would type up exactly what happened and make copies of appropriate douments to give to the officer for the report. Once the officer takes your statement you are given a card with the case number. (It takes a few days/may be longer now to file the formal report with proper signatures but you don't need to wait for the report to be completed.) Once you've given your statement and heve the case number/card, contact the credit card company and let them know you want to Appeal the decision as it was filed incorrectly. Give them the police report case number and let them know you want to Appeal under fraud, goods not received. 

 

While filing the report ask the police officer about notifying your AG. This is a high dollar amount so there may be specific procedures involved. And as advised, if warranted, I would also look to set up a preliminary discussion with a local civil attorney.  Best method for recommendations is call the local courthouse and talk to a clerk. They are wonderful at giving referrals/recommendations on procedure, especially in cases where merchants defraud consumers; well in my jurisdiction this holds true.

 

I actually despise fraudulent merchants. Take them to the woodshed ! If for no other reason, you recoup your money and help to create a pattern of criminal behavior for the AG to use against the business.

 

Good luck! I'm rooting for you !!

AOD FCU VS. BBVA CP. Cap One: QS, SavorOne, VentureOne, Walmart. Discover it CB. DSNB: Bloomies Amex, Macy's Amex. NFCU: cR VS, Plat MC, Plat Visa, CLOC. SECU MD VS. Sync: Amazon, eBay MC, Lowe's, PP MC, PPC. WF Propel Amex. Misc: Overstock, Target. Ongoing: SP CLI's. Next: Combine and/or close 1-2 accts by EOY.
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Message 18 of 18
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