Strange situation, I'd love to know my options.
My mother shops from some housewares catalogue (I forget which off the top of my head) for years. She always pays by Amex.
Apparently, about a year ago she made a $35 purchase (via phone as usual) and w/o her consent they pulled her credit and approved her for a credit-card. She first found this out when she got a CC Statement from them.
She called and told them she had not requested a card and they told her they had pulled her Credit Report because she was a long-standing customer and congrats! she was approved.
My mother is not too savvy about credit (thus my current situation!) so just let it go, I believe she sent a check in for the $35 to the company itself (not as part of a credit-card statement payment).
However they are still calling her demanding late fees, finance charges, etc. etc.
She spoke to a rep and explained she never requested the card, and the rep told her most likely they'd just cancel it and remove the charges.
However, they refused. Since my mother does not know she is allowed to demand to not be called, and never demanded they actually CLOSE the card, she now has a year's worth of interest/fees owed AND on her credit-report. Being 78 she is 'willing' to let them take her to court and win, she doesn't care about her credit. I'm trying to explain that between interest and late fees and court fees they can get a judgment in excess of $500 AND legally be allowed to take it from her.
I've advised her to at least a) demand they do not call her b) close the account c) demand documentation of her request AND acceptance of the card.
Are there any forms/laws, anything we can use to fight this? It sounds to me like an actionable case, i.e. that SHE can sue THEM.
Any ideas? Please?
Thanks!
