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Avoiding Credit Card Late Fees信用卡逾期不收费

One day late, yeah right!迟一天,唉权利!
by Scott Bilker由斯科特bilker

Scott Bilker is the author of the best-selling book "Credit Card and Debt Management."斯科特bilker是作者的畅销书"信用卡和债务管理" He is also the Editor and publisher of the FREE DebtSmart® E-mail Newsletter ( http://www.debtsmart.com ).他还编辑和出版自由debtsmart®电子邮件通讯(http://www.debtsmart.com). Sign up today!今天报名!

I knew it, I knew it, I knew it!我也知道,我也知道,我就知道!

A couple years ago most credit card banks changed their policy of what "late" means to meaning "one day late is late."多年前大部分银行信用卡的政策有何改变"迟到"的意思就是"是迟迟一天" It used to be that late was if your payment was due on the 1st but received on, say, the 20th.曾经,如果是逾期付款是因为你的1但收到就说20. Not anymore.没有了. If you're 24 hours late, it's late, and you will be charged the late fee.如果你24小时后,它的后期,你将会被控已故费. Late fees have also been rising and some are now as high as $35!逾期费也上涨,有的高达35美元,现在!

What did I know?我知道什么呢?

I had the feeling that since being one day late means that banks can charge a late fee, it's possible that, well, payments could "accidentally" be held for say, oh, 24 hours.正因为有这样的感觉,迟一天意味着银行可收取逾期费它的播出,那么,可以支付"偶然"被关押说,哦,24小时. Oops, you're late!不巧,你晚了!

My theory was a step closer to confirmation when one of my credit card payments was exactly one day late.我的理论是进一步确认信用卡付款时,我的一位正是一天晚. I always track everything--every check, every payment date, and all transactions.我一直跟踪一切--每检查,每支付日期、交易. I use Quicken and other custom software I developed to pay my bills.我用我加快软件开发等习俗我国票据支付. So when I was late by one day I took a look at the date that bank's check was mailed.所以当我迟了一天我调阅日期,银行核对邮寄.

Guess how early I mailed the payment?如何早期我猜邮寄支付?

Seven days!七天!

The 8th day was the late day.8日晚一天. I called the bank and told them that they'd better waive that fee or I would transfer my balance and close the account.我叫银行,并表示他们才好免收学费,或接近平衡,我将把我的帐. They did waive the fee for me, but I wonder how many other people don't call to waive these one-day-late fees?他们并免收学费对我来说但不知有多少人呼吁不要放弃这一天晚收费?

I wonder how many people simply pay the late fee because they figure "I was late."不知有多少人只是因为他们付学费已故人物:"我迟到" Being exactly one day late has happened to many people I know.恰恰迟一天我知道许多人的遭遇. I asked them if they called the bank to complain and they said that they didn't because they thought they were actually late.我问他们,如果他们的要求,他们抱怨说,银行给他们没有因为觉得他们其实已晚.

Tell you what, being one day late isn't worth 35 bucks!告诉你什么是不是迟一天价值3500蚊! There is no way that it costs the bank $35 for someone to be one day late.这是没有办法的银行费用为35元有人要迟一天.

The way I see it is that it's like being mugged in an alley!在我看来是它就像一条巷子抢劫!

As it turns out my theory is even closer to confirmation.由于原来我的理论是更接近追认. Look at those small slips of paper with fine print that come with your statement.看看这些小条子,用漂亮的字体来贵言. Many of those papers are lawsuit notifications from banks that are accused of "not crediting payments promptly," and charging late fees.许多这些文件是从银行通知被告人官司"不及时发放计"、收取学费晚.

The funny thing is that in these class action lawsuits, when the smoke clears, the lawyers get paid millions and most of us only get back a few cents!可笑的是,在这些集团诉讼,当浓烟出清,律师和大多数人领到工资百万只取回几毛! Every case that I'm involved in, because I'm a cardholder, has been settled without the bank having to admit any wrongdoing.每个案件涉及到我,因为我是持卡人已解决离不开银行不得不承认任何不法行为.

What can we do?怎么办?

Be sure to look at every charge on your credit card statement.一定要看看你的信用卡收取每言. Don't let the bank get away with charging you a late fee.别让你银行抵押脱逃后收费. I don't care if it's really your fault for being late!如果我不小心的过错你真的迟到了!

First of all, it doesn't matter because $35 is a rip-off for being 24 hours late.首先,不管是因为35美元笨为24小时晚. And, second of all, the bank should treat you like gold for being a good customer, and should waive at least one late fee as a courtesy even if it IS your fault.而第二点,银行要善待你喜欢当好黄金客户并应免收学费至少一晚的礼节就算是你们的错.

For free information about how we can help you reduce your debt, please fill out our form .免费为您提供有关如何帮助您降低债务,我们请填写表格.

Be Careful with Low Interest Credit Card Offers小心信用卡提供低息

Chase Bank Tries to Pull a Fast One大通银行试图出卖
by Scott Bilker由斯科特bilker

Scott Bilker is the author of the best-selling book "Credit Card and Debt Management."斯科特bilker是作者的畅销书"信用卡和债务管理" He is also the Editor and publisher of the FREE DebtSmart® E-mail Newsletter ( http://www.debtsmart.com ).他还编辑和出版自由debtsmart®电子邮件通讯(http://www.debtsmart.com). Sign up today!今天报名!

I knew it would happen!我也知道会发生! I read all the fine print.我看了所有的字体. I reviewed every detail!我回顾每一个细节! I followed the instructions from Chase Bank exactly as they described in their low-rate-offer letter and they still penalized me!我随奉大通银行恰恰说明了他们的低利率还价函,他们还被罚了我!

How did Chase Bank attempt to trick me and maybe you?大通银行怎么我和你也许试图把戏? I strongly recommend that you read this entire article if you have ever done a balance transfer or you're thinking about doing a balance transfer!我强烈推荐你看这通篇都做了,如果你或你一下余额转移做平衡转移!

It all started with one of the best credit offers I have ever received.这些都是由一个最佳的信用提供我不曾接到. A surprising 0% APR until February 1, 2003 with a one-time fee for each transfer of 4% of the amount transferred, up to a $50 maximum.惊人0%四月起至二月一日2003年一次性转让费,每转移金额4%,最高达到了50元. According to the letter, "These checks may be used for any amount, up to your available credit line."据信,"这些检查可用于任何款项,直到你可贷款额度"

This offer was received in January which meant 13 months of 0% on my entire credit line of $12,500 (which is available) for a one-time fee of $50.这意思是说,在1月收到13个月对我整个信贷额度0%12,500(现已)一次性收费50元. That's a true APR of approximately 0.37%!那是一个真实四月约0.37%!

I wanted to take advantage of this offer for many reasons.我要借这个提议,原因是多方面的.

1) I wanted to see if what they promise in their letters is what they actually deliver when the bill arrives, and report the results to you, my dedicated readers.1)我想看看什么是他们所承诺的信件其实在草案交付抵、并将处理结果向你,我的专门读者.

2) My money market is getting 2.5% and the loan is costing 0.37%, so I'll be making about $250 over the course of the year for simply paying my bills on time.2)我国货币市场渐2.5%,贷款成本是0.37%,所以我会被制作了约250年的历程,为我国票据干脆按时缴纳.

3) This offer was slightly different than any transfer offer I've been interested in taking advantage of.3)本收购价略有不同,我已经比任何兴趣转移提供利用. It promised that I could use my entire credit line and implied that I can do this without penalty.它许诺我可以用我整个信贷额度,并暗示我可以做罚款.

I checked and rechecked the letter for any loopholes.我翻来复去信任何漏洞. I read all the fine print, to be sure that I was using their transfer offer within all the rules described in the letter.我看了所有的字体,要知道我所用的转移提供规则描述所有信件. Everything seemed to check out, so I went ahead and wrote myself a check for $12,500 and deposited it into my money market account.一切都来看看,所以我就去了自己写支票,存入到12,500我国货币市场帐户.

When the bill arrived I noticed an overlimit fee of $29 assessed on my account--I KNEW IT!当我看到一个法案抵达超限费分摊我到290--我就知道! I had a feeling that they left out a few words in their letter that, of course, loophole their way to earning more money.我有一种感觉,他们留下了几句话,在信中,当然途中漏洞赚更多的钱.

I followed the directions described in the letter which stated, in three places, that the check amount(s) cannot exceed my credit line and I was still charged an overlimit fee.然后我在信中描述的指示说,在三地(S)号,核对金额不能超过我,我还是信贷额度收取一项超限费.

I've written about this type of "trick" in a previous article titled, Reading the Fine Print in Those Low Rate Credit Card Offers, however this case was slightly different.我写了这样的"把戏"在上次文章,阅读字体信用卡提供的低利率,但是这件事情略有不同. The credit offers I was referring to at that time stated in the body of the letter that you can use "any amount up to your available credit line."提供信贷是指当时我在信中说,你们身上可以用"任何可用信贷额度达贵" But in the fine print the letter warned, "You may transfer any amount, including transaction fees that are assessed, as long as it does not exceed the available credit line."但在字体的警告函,"你可以把任何数额,包括交易费用,经过评估,只要不超出优惠贷款额度." Check out the Citibank offer I received that does this exactly.看看我收到花旗银行开办,这正是.

The offer from Chase however, did not provide that warning.从大通要约但并未提供预警. Every mention in the Chase letter about the amount you can use, the total "check amount(s)" is that it can go up to your available credit line.每提追捕金额约信你可以使用总"检查金额(收盘)"就是能够升入你可贷款额度.

Compared to the Chase offer, the Citibank offer tries to trick you in the body of the letter, but is at least honest in the fine print.比起追捕提供,您在花旗银行开办试图伎俩体信但至少是诚实的字体. In fact, the fine print in the Chase letter is even smaller than the fine print in the Citibank letter!其实,字体追捕信甚至小于字体的花旗银行信! As my editor Rick said, "It's as though Chase is trying to deceive people more than Citibank."正如我国编辑里克说,"这仿佛是想骗人大通超过花旗银行"

As soon as I saw that overlimit fee, and reviewed the original letter to make sure I didn't miss anything, I promptly called Chase Bank to have them remove the overlimit fee, which they did immediately.只要我看见超限费原信和审查,以确保我没有错过什么我叫大通银行及时把他们清除超限费,却立即

When I asked why I was charged the overlimit fee, the rep told me it's because I was over the account limit since the $50 transfer charge plus the $12,500 check makes my balance $12,550.00.当我问我为什么被起诉的超限费电脑可读告诉我这是因为我到了极限,因为50元的转让费12,500加查核,把我的余额12,550.00元. I explained that the Chase letter stated that I could write the check up to my limit and the rep (Ms. Beers) started arguing with me.我解释说,大通银行的信说我可以写我的极限检查和证(女士啤酒)与我展开争论. I asked to speak to her supervisor (Mrs. Lett) and she also argued with me.我问她发言监(绪左侧)和她还与我争辩.

I originally thought they would just waive the fee and apologize for the confusion.我本来以为只是道歉并免收学费的混乱. I thought they would say something like, "Mr. Bilker, we're sorry that the wording of the letter was confusing. I can certainly understand how you feel. I will certainly bring this to the attention of my supervisors and management so we can review these details. Thank you so much for calling!"我以为他们会这样说,"bilker先生,我们遗憾的措词文字扑朔迷离.我当然可以理解你的感觉.我一定让这给我的上司的注意,也可以审查和管理这些细节.谢谢这么多骂!" Then they could have hung up and forgot about my call--but that didn't happen.然后他们可以挂电话,我忘了--但是没有发生.

Below are links to portions of the conversation I had with Chase customer service.以下是部分连接的我与大通顾客服务.

Part 1: First rep removes the overlimit fee and argues about the fee.第一部分:第一证免除学费,并辩称对超限费.

Part 2: Supervisor argues about the fee.第二部分:收费监督员争论.

It may be true that they said I could use the check(s) up to my credit limit.它可能是事实,他们说我可以用支票(S)已达到我国信贷限额. And it may be true that the agreement says that if I go over my limit I have to pay a fee.它有可能是真实的,协议说,如果我喜欢我的极限我要付费. One could argue that if they told me to write the check(s) up to twice my credit limit, and I did, that I should be charged an overlimit fee because it goes over my limit.人们可以争辩说,如果他们告诉我写了两次检查(S)已多达我国信贷限额我本来,我是要收费的,因为它比我的超限费限额. The letter could have said to jump off a bridge and if I do it’s my stupidity.信中说,可以跳下去,如果我做桥梁的我愚蠢. However it is certainly implied that if they're sending me a letter, and I follow the directions in their letter, I will not be penalized.不过这当然暗示若是送我一个函我听从他们的信,我不会受到惩罚.

It's clearly stated that if you write a transfer check there's going to be a fee.它明确表示,如果你写检查有转让的,将是一个费用. However, their letter never said that if you write the check to the account limit an overlimit fee will be charged.但是他们说,如果不信,你写支票帐户限额的超限费.

This encourages people to write the check up to the maximum limit.这鼓励人们写检查的最高限额. Chase never mentioned anywhere in the letter, not even in the fine print, that there would be an overlimit fee if you do as they say and write the check up to the limit.大通在信中没有提到地方,即使是在字体、会有一个超限费正如他们所说,如果你写的检查已经到了极限.

One good analogy is to imagine a policeman telling me I can go through a stop sign.一个好的比喻,是一名警察告诉我,我能想象经过停止的迹象. He says, "Scott, go through the stop sign."他说:"斯科特,经过停止的迹象" So I go through the sign and the same policeman immediately pulls me over and gives me a ticket.所以经过签署并同警察立即拉起了我一票,给我. I say, "But you told me I could go through the stop sign."我说:"我可以告诉你,但经过站标志" And he replies, "It’s common knowledge that it’s illegal to go through the stop sign. Didn’t you read the driving handbook?"他回答:"这是常识,它的非法办理停止的迹象.你没看过驾驶手册?"

Chase Bank, the policeman of their terms, said to "write the check to the limit" then when I did they penalized me, and probably countless others, who may not have even seen the overlimit charge on their statement.大通银行,其职权干警、说"写支票的极限",那么,当我没惩罚我,大概无数他人即使他可能并没有看到其言超限费. Or maybe they did see the charge, then called and were told they were stupid for going over their limit.或许他们也看到了主管,然后打电话告诉他们要为自己愚蠢的限额. It brings to light the fact that you cannot trust what their letters say.它揭示事实你可以不相信自己的信说.

The bottom line in this situation is that the letter is very deceptive.底线就是在这种情况很信欺骗性. It leads people to believe that they can write the checks up to the credit limit without penalty.它让人相信他们能写出检查的信贷限额罚款.

When I called Chase I didn’t have to ask to have that overlimit fee waived.当我叫追我没有问到有超限费. As soon as I mentioned that it was on my statement the rep removed it instantly!只要我提到发言的证据就马上清除它! If they really believed that I was completely at fault they may not have done this so quickly.如果他们真的相信我是完全错也没有做这样快. Also, the rep and supervisor seemed well versed in arguing their points and my guess is that it’s because they have had practice or training on the topic.另外,电脑可读、监似乎深谙其争论点,我估计它的做法,因为他们已经或专题培训.

How many of you have had this, or a similar problem?你们有多少这样或类似的问题? Especially if it was from this very same low-rate credit offer by Chase bank.特别是如果有人从这个相同的低利率优惠大通银行. Let me know if this has happened to you, and please, let me know if you agree or disagree with my position on this issue by filling out the response form.如果这事让我知道你们,并请让我知道你同意或不同意的立场,对这个问题的回答填写表格.

Lastly, aside from this situation, my past experiences with Chase have been very good.最后,除了这种情况,我过去的经历与大通一直很好. They have always offered me nice lending deals.他们一直给予我尼斯贷款协议. Giving them the benefit of the doubt, I would hope that this particular situation occurred only because of these specific reps.姑且存疑,我希望这种情况发生,只是由于这些具体副主席. I would hope that Chase reviews EVERY person's account that took advantage of this offer to be sure that they are not penalized--without that person having to call them first!我希望每个人追逐审查的帐户,利用这个提议要知道自己不受惩罚--没有人请他们到第一!

Part 1: First Rep removes the overlimit fee and argues about the fee.第一部分:第一证免除学费,并辩称对超限费.

Rep: "Card member services. This is Ms. Beers, how may I help you?"证:"卡会员的服务.这是女士啤酒,让我帮你如何?"

Scott: "Hi, what was your name again?"斯科特说:"嘿,你的名字又是什么?"

Rep: "Ms. Beers. How can I help you today?"证:"女士啤酒.我如何帮你呢?"

Scott: "Alright. Well I’ve got a question about my account."斯科特说:"好啊.好老公问我的帐."

Rep: "Okay, let me have your name."证说:"没关系,我有你的名字"

Scott: "Scott Bilker."斯科特说:"斯科特bilker"

Rep: "Okay Mr. Bilker, how can I help you today?"证:"没关系bilker先生,今天我怎么帮你?"

Scott: "Okay, umm, why do I have this overlimit fee?"斯科特说:"没关系,乌姆,为什么我有这个超限费"?

Rep: "Because you are over your limit."证:"因为你比你的极限"

Scott: "Okay. How did that happen?"斯科特说:"没关系.这是怎么发生的?"

Rep: "You did a balance transfer for $12,500."证:"你为12,500平衡转移"

Scott: "Yeah."斯科特说:"嗯"

Rep: "Also there is a balance transfer fee of $50."证:"又是一个平衡的转让费50元."

Scott: "Umm hmm."斯科特说:"乌姆HMM的"

Rep: "And that took you over your credit line. Your credit line is only $12,500."证:"你对你的信贷额度90.你只有12,500信贷额度."

Scott: "Right. Okay well, you see I think that’s an error because I have the letter from Chase. You know I used one of these balance transfer checks Ms. Beers. It says these checks maybe used for any amount up to your available credit line. What was my available credit line before I wrote that check?"斯科特说:"对.还好,你看我自己都觉得,因为我有一个错误的一封信追捕.你知道我用其中的平衡转移检查Š啤酒.它说,这些检查可能用于任何可用信贷额度达贵.我国现有信贷额度是什么在我写检查?"

Rep: "Up to. Your credit line is only $12,500 sir."证:"最多.你只有12,500信贷额度先生."

Scott: "Yes, but these checks may be used for any amount up to your available credit line. My available credit line was $12,500, I wrote the check for $12,500."斯科特说:"不错,但这些检查可用于任何可用信贷额度达贵.我国现有信贷额度为12,500,我写的支票12,500."

Rep: "That’s the credit line sir, and of course you know you are going to go over your credit line. You can’t take it all off of there, you’ve got to leave something there for the fee…"证:"那先生的信贷额度,当然,你知道你是你的信贷额度细谈.你不能把它全部赶出那里你离开那里有收费::"

Scott: "Uh, listen…"斯科特说:"嗯,听::"

Rep: "Also for the finance charge. I did give you back the $29 overlimit fee."证:"还为财务主管.我本来给你回了290超限费."

NOTE: Notice how she removed the charge without me even asking!注:公告撤销控罪无我,她怎么连问!

Scott: "Okay."斯科特说:"没关系"

Rep: "It’s already been deleted. But you should have left a little room there for finance charges and also for the fee."证:"这已经被删除.但你应该留下一个小房间,也有供财务费用减免."

NOTE: She keeps blaming me for following the directions in the letter!注:她一直在骂我的信后指示!

Scott: "Don’t you think the letter should say ‘You should leave a little room there. You shouldn’t write the checks up to your credit limit, maybe up to your credit limit minus the fee.’"斯科特:"你不信,认为应该说'你应该留下多少空间.你不该给你写的检查信贷限额也许你的信贷限额达零下费.'"

Rep: "Okay, but the fees are in the letter also."证说:"没关系,但在信中还收费"

Scott: "Yes, but it says these checks may be used for any amount up to your credit line. Doesn’t that give you the impression that you can write the check, well, up to your available credit line?"斯科特说:"不错,但它说,这些检查可用于任何信贷额度达贵.不说给你以为你可以写支票那么,您最多可贷款额度?" (Pause) "Hello?"(停顿)"你好"?

Rep: "Sir, it’s in the letter. Okay, again you used your whole credit line, of course you are going to go over your credit line if…"证:"先生,它在信.没关系,你又用你的整体信用路线当然你还要再贷款额度如果你::"

Scott: "I know, but I am just concerned about the wording. I mean, if it said…"斯科特说:"我知道,我只是关心的字眼.我的意思是,如果说::"

Rep: "Mr. Bilker, if you weren’t sure about how much you should use on the checks you can always call us, 24 hours."证:"bilker先生,如果你不知道你应该用多少就可以随时检查你打电话来,24小时."

NOTE: No need to call because the letter said I can write the check up to the limit.注:请不必因为写了一封信说我可以检查到了极限.

Scott: "Right. Well it was very clear, I mean it said up to the credit line. I know you removed it and I appreciate that, but I just want a little clarification of the writing there. Because, you know, I don’t know what to believe anymore. I mean, it said…"斯科特说:"对.也是很清楚的,我的意思是说,至贷款额度.我知道你和我知道它拆除,但是我想澄清一下写作.因为,你知道,我不知道怎么相信了.我的意思是,它说::"

Rep: "Sir, you wouldn’t take your whole credit line. If you know your credit line is $12,500 and you go over that, and you take that whole amount it is going to go over."证:"主席先生,你也不会把你整个信贷额度.如果你知道你的信贷额度是12,500、你走了,你说,它会全数投靠."

Scott: "It doesn’t…"斯科特说:"这不是::"

Rep: "You can go 'up to,' and you should never take the whole credit line because, yes, you will go over and receive the $29 fee on that."证:"你可以走'到',你不能拿整个信贷额度,因为,不错,你翻过来接待费就达290."

Scott: "I just don’t see where it says that. Like even in the fine print here it says ‘balance transfer check amounts may not exceed your available credit line. It doesn’t say valid balance transfer check amounts and charges may not exceed. It says the check amounts."斯科特:"我只是不知道它说.就像即使在这里说的字体的平衡转移查核金额不得超过您现有信贷额度.不说有效遏制数额、转让费余额不得超过.它说支票金额."

Rep: "It told you not to exceed the whole credit line Mr. Bilker."证:"告诉你不超过整个信贷额度bilker先生"

Scott: "Well, no. It says the check amounts, the check amounts, not the…"斯科特说:"好,没有.它说的检查数量,检查数量,而不是::"

Rep: "You go over the $12,500…"证:"你走了12,500::"

Scott: "I didn’t. I wrote it for $12,500."斯科特说:"我没有.我写了12,500."

Rep: "Well, it’s $12,500, you took your whole credit line. That’s going to take you over the credit line."证:"好了,它的12,500,你毅然你整个信贷额度.那你怎么做了信贷额度."

Scott: "But it said I can use up to my available credit line."斯科特说:"但我可以说我最多可使用信用路线"

Rep: "It says 'up to,' sir, it doesn’t say take the whole $12,500."证:"它说'到'先生,却没有说要采取整12,500"

NOTE: Talk about double-talk!注:谈谈双谈!

Scott: "Up to means… Well you know what, I know you waived the fee and that’s great, but I’d like to talk to a supervisor about this."斯科特说:"好了::你知道什么意思,我知道你免学费而伟大,但我想这跟监."

Rep: "Not a problem, hold on."证说:"没问题,抓"

Scott: "Thank you."斯科特说:"谢谢"

Part 2: Supervisor argues about the fee第二部分:收费监督员争论

Rep: "Mr. Bilker thank you for holding the account supervisor Ms. Lett is on the line. You may go ahead."证说:"谢谢你先生bilker帐户持有Š左侧是监督员的路线.你们可以先."

Scott: "Thank you Ms. Beers."斯科特说:"谢谢女士啤酒"

Rep: "Mr. Bilker this is Ms. Lett, how may I help you?"证说:"这是盖bilker女士左侧,如何让我帮你"?

Scott: "Hi. Well umm, I called because I used a balance transfer offer from Chase and umm, I got charged an overlimit fee. Although Ms. Beers did waive that overlimit fee."斯科特说:"喜.乌姆好,我叫因为我用平衡转移提供从大通和Umm,我有一个超限费的征收.虽然胡啤酒超限费,并免收."

Rep: "Umm hmm."证:"乌姆HMM的"

Scott: "But I’m just a little confused because the letter specifically states that I can use my checks up to my available credit, and that’s exactly what I did. I followed the directions exactly, but yet I was charged an overlimit fee."斯科特:"但我只是有点混乱,因为我可以用文字明确宣布:我本人提供信用检查、而这正是我所做的.跟着我的方向没错,但我是一个超限费的征收."

Rep: "Okay. You can use the checks up to that, but with each check written there is a fee."证:"没关系.你可以用这种检查,但检查每写有缴费."

Scott: "Uh huh."斯科特说:"嗯哼"

Rep: "So according to the amount you write, you include the fee."证:"你这么写按量,你把费"

Scott: "It doesn’t say what you just said."斯科特说:"他们没有说出你刚才说"

Rep: "It doesn’t have to say it, it’s telling you that there is a fee involved."证:"不用说,它的告诉你,有一个涉及收费"

Scott: "Yeah, but it says, let me just read this really clearly, it says, ‘These checks may be used for any amount up to your available credit line.’ In fact it says, at the bottom in the fine print, ‘balance transfer check amounts may not exceed your available credit line.’ Check amounts, it doesn’t say check amounts and fees."斯科特说:"唉,不过它说,这真让我清楚地看到,它说'这些检查可用于任何可用信贷额度达贵.』其实它说在谷底的字体,'余额检查转让金额不得超过您现有信贷额度.'检查数量,不说检查费数额."

Rep: "Right, the check amount cannot exceed your available credit line. However, it also goes on to say, ‘With each check processed there will be a transaction fee.’ So included with the check amount there is a transaction fee that you have to include. If you are going to write three checks, you write three checks that are going to be up to whatever your credit limit is. But in those three checks, remember, there are three fees. So its just common knowledge."证:"对,你的检查数量不得超过现有信贷额度.不过,它也接着说,'检查各加工会有交易费.'等列入检查的金额是你把交易费用.如果你会写三个验收三是检查你写了什么,你将是信用限额.但在这三个验收记住,有三项费用.所以它只是常识."

NOTE: Step one of their defense it to insult the customer.注:步骤之一,它的防卫侮辱顾客. Don't you just LOVE these people.这些人不爱你. Way to treat your valued customers who don't have common knowledge.你这样对待顾客价值没有常识.

Scott: "Common knowledge? Well, even on the fine print on the back it says balance transfer check amounts… This is right after the fees, it says, ‘You will be charged a balance transfer transaction fee,’ and it gives the amount, and afterwards it says, ‘Balance transfer check amounts may not exceed your available credit line.’ It does not say balance transfer check amounts and fees."斯科特说:"常识?那么即使对优良背面印上说:这是负债额查核权转让后收费它说,『你将被控平衡转让交易费',给多少,后来它说'余额检查转让金额不得超过您现有信贷额度.'不说数额、余额转移检查费."

Rep: "It doesn’t have to. It’s explained and it’s outlined for you. If you know your credit line is $12,500 dollars, and they tell you that you are going to be charged a fee. And you write a check for $12,500 dollars, plus the $50 fee, you are now over the $12,500, because that is all that your credit limit is."证:"不用.它的解释和它的介绍给你.如果你知道你的信贷额度是12,500美元,他们告诉你,你要被收取费用.你写支票,12,500美元加50元费用,你现了12,500,因为那是你的信贷限额一切."

Scott: "But it just doesn’t clearly say that. How could this be common knowledge? That’s my confusion. It says, the directions…"斯科特说:"但这并不清楚地说.怎么会这样的常识?就是我的混乱.它说指示::"

Rep: "Because if we tell you that you are going to be charged a $50 dollar fee. If you write a check for $12,500 and we have told you that we are going to charge you a $50 fee, $12,500 plus $50, is $12,500 and $50. Which means you are now over your credit limit. That’s what I mean by common knowledge. It’s simple math."证:"因为如果我们告诉你,你会被起诉50美元的费用.如果你写支票12,500告诉你,我们有我们要收取你50元的费用,12,500+50元是12,500元50.这意味着你现在在你的信贷限额.那意思是常识.它的算术."

Scott: "Well how come that common knowledge isn’t included in the statement? See, the statement clearly says these checks maybe used for any amount up to your available credit line. Common knowledge tells me that…"斯科特说:"好,怎么不列入常识声明?见声明中明确指出,这些检查也许用于任何可用信贷额度达贵.常识告诉我::"

Rep: "Well okay…"证说:"好了好::"

Scott: "That I can use it up to my credit line. It doesn’t say, not up to my credit line, it says up to my credit line."斯科特说:"我可以用我的贷款额度最多.不说不符合我的信贷额度,信贷额度,说起来我."

Rep: "And when you use that check you’re charged a fee."证说:"当你和你的使用,检查收费"

Scott: "Yes, but it doesn’t say…"斯科特说:"不错,但不说::"

Rep: "Well, that’s included with the amount of the check."证说:"好,那包括同额支票"

NOTE: The fee is not "included with the check" it's a separate charge.注:学费不是"列入查核与"这一个单独负责.

Scott: "Well, shouldn’t it say not up to your available credit line, or close to your available credit line? Wouldn’t that be a little more clear?"斯科特说:"好了,不要说这不符合你的优惠贷款额度,可用信贷额度或接近你?这一点是不会清楚?"

Rep: "I guess it’s the way you interpret it."证说:"我猜,这就是你理解"

….

Rep: "It is your interpretation Mr. Bilker. Unfortunately, you did not read the entire thing, or did not understand it."证说:"这是你们盖bilker诠释.不幸的是,你没有看过整件,或者不明白."

NOTE: Still blaming me for their deceptive wording.注:我仍然责怪他们欺骗字眼. I wish I had that Citibank letter handy when I called so I could have asked Mrs. Lett to explain why Citibank clearly explains to keep the total of the fees and transfers under the available limit.我想我已得心应手,花旗银行信时,我可以这么叫我问妈妈左侧解释说明花旗银行保持和转让费总额的限制下可用.

Scott: "Where in this thing does it tell me I cannot write these checks up to my available credit line?"斯科特说:"如果不告诉我这事我不能给我写这些检查可用信贷额度"?

Rep: "It doesn’t tell you that you can’t. We can’t tell you what you cannot do."证:"不告诉你,你不能.我们不能告诉你什么事不能做."

Scott: "Listen, it says...‘These checks may be used for any amount, up to your available credit line.’ It doesn’t say these checks and fees. These checks may be used for any amount. And listen, again, at the bottom, balance transfer check amounts, it doesn’t say balance transfer and fees, just balance transfer check amounts, may not exceed your available credit line."斯科特说:"听,它说:'这可用于检查誓不两立,您最多可贷款额度.'却没有说这些检查和收费.这些检查可用于任何款项.听,再次,在谷底,查核余额转移款项,却没有说转让费余额、刚刚结余款项移交检查,你可贷款额度不得超过."

Rep: "It doesn’t have to say ‘and fees’ because the fee is already included with the amount that you write."证:"不用说'费'由于费的数额已经包括你写"

Scott: "Hmm, really it sounds like some kind of trickery to me."斯科特说:"HMM的,真的好像某种权谋找我"

Rep: "And again that depends on your interpretation."证:"你又解释说,靠"

Scott: "Hmm, I wonder what a legal interpretation might be? Like disclosure interpretation."斯科特说:"HMM的,不知什么是法律解释可能吗?像披露解释."

Rep: "We have a lot… Everything we submit goes through a legal ramification before it is ever sent to you. So, obviously it must be legal. This is a major bank. And they have a lot of lawyers…"证:"我们有很多::一切都要提交支脉循法律面前是有史以来送到你.因此,显然必须合法.这是一个重大的银行.他们有许多律师::"

….

Rep: "When it says to me that if I write a check up to my limit and I am going to be including a fee, and I know that my limit is a certain amount. If I’m going to be charged a fee, I know already that I’m going to go over my limit. If my limit is $10,000 I’m going to be charged $50, I know my limit is $10,000 and my balance is going to be $10,050. I already know that."证:"当我说,如果我写我的极限了清查,我将包括缴费我知道我的极限是一笔.如果我自己要被收取费用,我已经知道,我要再说一遍,我限.如果我的极限为10,000干吗收取50元我知道我和我的极限为10,000平衡将是10050美元.我已经知道."

Scott: "So, all those extra words you just told me should basically be included in this letter?"斯科特说:"所以,这些附加的文字,基本上你刚刚告诉我应该列入这封信"?

Rep: "There is nothing extra that I told you. I added it."证说:"我没有什么额外告诉你.我说."

….

Rep: "If you can add, then you don’t have a problem with that."证:"如果你们能补充,那么你就没有什么问题."

NOTE: The blame-the-customer-defense continues, now I can’t add.注:推--客户防下去,我现在不能增加.

….

Scott: "But it does not tell me, if you write the check up to your limit, then you will go over you limit. You cannot write your…"斯科特说:"但不告诉我,如果你对你写的检查限制那么你会比你的限额.你不能写你的::"

Rep: "It doesn’t have to."证:"不用"

Scott: "It doesn’t have to! How do you…"斯科特说:"不用了!您::"

Rep: "We give you your credit limit, if we tell you that your credit limit is $12,500. We tell you that you have $12,500 that you have $12,500 to use, you can do whatever you want with it. You can write this check if you want, but when you write this check there will be a 4 percent transaction fee with a maximum charge of $50. Now if you sit down and write a check for $12,500 and know you are going to be charged $50 you have now gone over your limit. If you add the amount that you wrote your check for, plus the $50 fee that you are going to be charged, you are now above $12,500."证说:"我们给你的信贷限额,如果我们告诉你,你的信贷限额是12,500.我们告诉你,你说你有12,50012,500使用你可以做你想要的.你可以这样写如果你想要检查、但是当你写此检查将有4%的交易费,最高收费50元.现在如果你坐下来写支票12,500知道你还要收取50元,你已经与你的限额.如果你认为你写你加额支票、加50元费用,你会被控告,你现在12,500以上."

….

Scott: "Well, I think that they ought to change the wording here because it’s really confusing people."斯科特说:"好,我认为他们应该改变这里的措辞,因为它的真正迷惑人"

Rep: "Well Mr. Bilker you can write in and tell the bank that you want them to change the wording."证说:"好,你可以写张bilker银行,并告诉他们你想要更改文字"

Scott: "They should definitely change the wording. I think this is quite confusing, since when you say, ‘You can write your checks up to your credit limit,’ and you do that, it doesn’t anywhere, anywhere in this letter, say that if you write your checks up to your credit limit you will go over. Is that true that statement?... it doesn’t say anywhere that if you do that, you will go over your limit because of the fees. I think that should be in there that would make it quite clear. Don’t you agree Ms. Let?"斯科特说:"他们一定要改变措辞.我认为这是相当混乱,因为当你说:'你可以写你检查你的信贷限额',你这样做,不回复这个地方信如果你说你写检查你走你的信贷限额以上.这一声明是真实的?::他们没有说出地方,如果你说,你走你的极限了,因为费用.我觉得应该在那里,也清楚.你不同意让女士?"

Rep: "I don’t agree with you."证说:"我不同意你"

Scott: "Okay. I just don’t understand how you can’t see it."斯科特说:"没关系.我不明白怎么你看不见."

Rep: "Well, you see it your way and I see it my way. We can look at the same thing and see two different things and I guess that’s just the point where we are."证说:"好,你看你的,我看到我的路.我们可以看看,看看两回事一样,我猜想,这就是我们的地步."

Scott: "You’re seeing a lot of extra words that don’t exist in the letter."斯科特说:"你看到了很多话,不存在额外的一封信"

Rep: "No, I’m just seeing that if I add how much I wrote a check for and add the fee that the bank is charging me I have now gone over my credit limit. That’s all I did."证:"不,我只是看到我写如果我增添了多少支票,加上银行收取费用,我现在我已经看过我的信贷限额.那都是我本来."

….

Scott: "Well you see, communication is the responsibility of the communicator. And this wasn’t communicated very well."斯科特说:"好了,你看,沟通的责任是由传播者.这不是很好的沟通."

Rep: "Well, I am very sorry that you feel that way. But that is the way that the bank sends their information. They do advise you of any fees up front."证说:"好,我很抱歉,你觉得这样.但就是这样,该行的信息传递.他们劝你的任何贴费."

….

Scott: "When I have my credit card, my physical card, and my limit is $12,500, and I go into a store how much can I spend? How much?"斯科特说:"当我有我的信用卡,我的体力卡,是我国极限12,500、我走进商店,我花了多少可以?多少?"

Rep: "If you pay your balances in full, $12,500."证:"如果你付出你全部余额,12,500"

….

Scott: "So you’re telling me that Chase tells me that I can use my credit card up to the limit, right?"斯科特:"你们告诉我,告诉我,我可以追逐我用信用卡到了极限,对不对?"

Rep: "The credit card, yes."证:"信用卡,不错"

….

Scott: "So, in that case up to the limit means up to the limit. But in this case (the credit offer in the letter) up to the limit means not up to the limit. Even though the words are the same, you’re telling me that when they say up to the limit then…"斯科特说:"因此,在这种情况到了极限,就是到了极限.但在这种情况下(在信中提供的信用)方式到极限未达上限.即使是相同的话,当你告诉我,他们说达到极限然后::"

Rep: "The words are the same, however, it says up to the limit. These says up to the limit including with a fee."证:"字是一样的,但是它说,至极限.这些限制包括内容最多的费用."

Scott: "No."斯科特说:"书"

Rep: "Yes it does."证:"不错它"

Scott: "No, you said it."斯科特说:"不,你说这"

Rep: "You’re going wrong."证:"你一定会错"

Scott: "No, that’s where you are going wrong. You said to me, just a second ago, up to the limit including the fee..."斯科特说:"不,这正是你将错.你对我说,只是前二、到极限包括学费::"

Rep: "Okay, and again it’s your interpretation. I cannot continue this."证说:"没关系,再次是你们的解释.我无法继续."

….

Rep: "Thank you for calling customer service."证说:"谢谢你客户服务电话"

Scott: "Bye, bye."斯科特说:"再见,再见"

Rep: "Bye, bye."证:"再见,再见"

For free information about how we can help you reduce your debt, please fill out our form .免费为您提供有关如何帮助您降低债务,我们请填写表格.

Credit Card Arbitration Fine Print信用卡仲裁字体

Giving Up Your Rights--Without Knowing It!放弃你的权利--不知道!
by Scott Bilker由斯科特bilker

Scott Bilker is the author of the best-selling book "Credit Card and Debt Management."斯科特bilker是作者的畅销书"信用卡和债务管理" He is also the Editor and publisher of the FREE DebtSmart® E-mail Newsletter ( http://www.debtsmart.com ).他还编辑和出版自由debtsmart®电子邮件通讯(http://www.debtsmart.com). Sign up today!今天报名!

If you have a Capital One credit card, then I highly recommend you read this entire article!如果你有一个经常使用信用卡,那么我极力推荐你看看这篇文章整!

I just received a letter from Capital One informing me that "enclosed is an important legal notice regarding arbitration" and I need to "read the entire notice to fully understand its implications" to my account.我刚刚收到一封信,告诉我说,一个资本"是一个重要的法律通知所附有关仲裁的"我要"经过整个预告充分认识其意义"我帐户.

This isn't the easiest reading by the way.这不是最容易阅读的方式. It's a legal notice, written in legal language at the college graduate level.这是一个法律公告,法律语言写在大学毕业的水平. Quite different than the 6th-grade level credit offers they send me trying to get me to use my credit lines.迥异于6级信用级别为他们送我想我用我的信贷限额.

Here's an example from the arbitration letter: "The arbitration of any Claim must proceed on an individual basis, even if the Claim has been asserted in a court as a class action, private attorney general action or other representative of collective action."这里的一个例子,从仲裁信:"任何索赔仲裁必须以个人身份,即使在法庭上声称已经断言作为阶级行动律政司行动或其他私人代表集体行动."

Oh yeah, makes perfect sense to me.哦噢,我考虑周全.

Here's an example of the writing that's meant for me to easily understand (from a credit offer): "One of the attached Purchase Checks is already made payable to you. Consider using the other check to purchase something you've always wanted. It's that easy!"这里的一个例子,写的很容易明白我的意思(从信用提供):"其中所附的检查已经购买了付给你.考虑使用其他一些检查,你一直想要购买.它的那么容易!"

Gee, I can understand that no problem.张基,我可以理解,没有问题. Why the difference in writing style?为什么不同的写作风格? Could it be that in one case it's meant for me to be confused and in the other they want me to spend money on my credit lines?难道是一个案件的意思,我感到疑惑,我又想花钱我国信贷额度? Could it be that both cases are written to work in Capital One's advantage?难道是这两种情况的书面工作是首都的优势? We both know the answers to those questions.我们都知道这些问题的答案.

Here's the bottom line on this arbitration letter: if you do not reject the Arbitration Provision then it becomes part of your account.这里的底线就这个仲裁信:如果你不排斥仲裁条款那就属于你帐户. It's a "negative offer" similar to the music clubs that automatically send you the "CD of the Month" unless you tell them not to send it.它的"负报价"类似的音乐俱乐部,自动送你"裁"一个月,除非你告诉他们不派.

So what's the Arbitration Provision?那么的仲裁条款? It means that if you have a dispute that's listed in what they consider to be a dispute, the matter is taken to an impartial person, or group, to be resolved.这意味着如果你有纠纷的简称他们认为是争执,此事被带往一个公正的人,或小组,予以解决. Of course, you can choose your arbitrator--from their list.当然,你可以选择你的仲裁人--从其名单.

It means that if you allow this provision to become part of your agreement you will not have the right to take your claim to court or participate in a class action lawsuit.这意味着,如果你让这项规定成为属于你,你也不会同意你有权利要求法院或参加一项集体诉讼官司. And it may cost MORE to go to arbitration, probably because your attorney's fee could be covered for many claims, like say a class action lawsuit.而更多的成本可能去仲裁你可能因为律师费可以涵盖许多债,像讲阶级诉讼.

You may ask why it's important retain these rights?你可以问为什么重要保留这些权利?

First of all, I don't want to give up any rights unnecessarily, but more importantly is that although we are only going to recover pennies in a class action lawsuit, it's still in our best interest to be a part of these cases.首先,我不想放弃任何不必要的权利,但更重要的是,虽然我们只是去追讨便士一类诉讼,但这仍然是我们的最佳利益,这些案件的一部分. Sure, the lawyers get all the money, but these lawsuits are one of the best defenses to keep the banks in check.可以肯定,得到律师的金钱,但这些官司都是数一数二防银行随时查核. It reminds them that they need to obey the law or they'll pay!它提醒他们必须守法,否则就要付出!

Here is a list of some of what they'll consider a "claim" (dispute you have with them or they have with you): Transactions or attempted transactions on your account.这里是一个名单,他们也会考虑一些"声称"(纠纷与他们或他们有你有你):对你的交易或试图交易帐户.
Any billing or collection matters.帐单或收取任何事情.
Any fees, interest, or their calculation.任何费用、利息或其计算方法.
Any products, services, or benefits programs in connection with your account (any insurance, rebates, rewards, etc.).任何产品、服务、福利方案结合您帐户(任何保险、退税、奖励等).
Any posting of transactions (including payments and credit) to your account.张贴任何交易(包括付款和信贷)贵帐户.

I called their contact number in the letter to ask questions but only connected to their recording system that delivers answers based on a phone menu.我叫他们在信联络电话发问但只跟他们不负众望答案录音系统基于电话菜单. In others, words, I couldn't reach a human--no surprise there.有些话,我无法达成人类--不足为奇.

I would urge you to STOP the Arbitration Provision from becoming part of your credit card agreement!我希望你不要成为仲裁条款的协议属于你的信用卡! I don't see it as being in our favor at all!我不认为这是我们主张在所有! If you have a Capital One account and accidentally threw out that letter, listen to the recording at 1-888-578-5462 to learn how to reject the provision.如果你有一个资本帐户,意外地抛出信听录音时1-888-578-5462学习如何拒绝提供.

Here's the general rule: When businesses spend money to send you an offer it's usually in their best interest and probably not yours.这里的一般规则:当企业花钱送你要约的最佳利益,他们通常不会给你. There are exceptions; however; I always approach all offers with a level of skepticism.有例外;然而;我总是有办法与各层次疑惧.

I have received term changes from other credit card banks which, if rejected, mean that the account is closed.我收到来自其他名词变化的银行信用卡,如果拒绝,意味着帐户已关闭. The only consequence of rejecting the Arbitration Provision, which I saw in the letter, is that it doesn't become part of your account terms.唯一的后果驳回仲裁条款,我看见在信是不成了你们帐上.

Let's look at this from Capital One's point of view.让我们看看这个从资本的观点. They're lending money to many people who are going to stiff them in bankruptcy court.他们中不少人是借钱给他们去生硬破产法庭. I can understand why they need to protect themselves, however, they must treat us "DebtSmart" customers with respect.我能理解为什么要保护自己,但是,他们必须把我们"debtsmart"尊重顾客. We are their best clients, and we need to stick together to show all the banks who's really in control--who's paying their salaries!我们是最好的客户,我们要团结所有的银行证明谁真正控制--谁支付薪水!

Don't give up any of your rights!你不放弃任何权利!

To reject the Arbitration Provision you must follow the detailed directions for completing the "Arbitration Rejection Coupon" that accompanies the notification letter.拒绝仲裁条款详细指示你就得跟着完成"拒收仲裁礼券"伴随通知书.

Although I feel like they are trying to pull a fast one here I still like Capital One and recommend their credit card because the interest rates are generally lower than other credit cards.虽然我觉得自己好像是想出卖我还是喜欢这里的资本之一,因为推荐信用卡利率普遍低于其他信用卡. In their defense, on this Arbitration Policy change issue at least they indicated all the salient information in bold print on the envelope and in the letter.其防卫这一政策变化对仲裁的所有问题,但至少可以说明信息黑体字突出的信封、信.

By the way, the deadline for reject the Arbitration Provision is 1/31/02由地否定仲裁条款的期限是2002年1月31日

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Fighting a Credit Card Rate Increase打一场信用卡利率上升

Fighting an Increasing Rate战斗速度
by Scott Bilker由斯科特bilker

Scott Bilker is the author of the best-selling book "Credit Card and Debt Management."斯科特bilker是作者的畅销书"信用卡和债务管理" He is also the Editor and publisher of the FREE DebtSmart® E-mail Newsletter ( http://www.debtsmart.com ).他还编辑和出版自由debtsmart®电子邮件通讯(http://www.debtsmart.com). Sign up today!今天报名!

Scott,史葛
I had a card that had a fixed rate of 5% on my balance.我有卡已固定在我的余额5%. I closed the account years ago when I started taking control of my debt.我封闭帐户年前当我开始控制了我的债务. Since this was the lowest rate of the cards I had I was only paying the minimum and concentrating instead on paying off other high interest credit.由于这是死亡率最低的卡我和我只是付最低偿还而专注于其他高利息贷款. I received a notice with one of my invoices that they would be increasing the rate to 20% and that I basically didn't have a choice in the matter (fine print).我同我的一位接到通知,他们将会越来越发票率20%,我基本上没有选择的(字体). I transfered the balance over to other cards that would have a lower APR than the 20% they would be imposing however this severely limited my available credit for emergency purposes.我转交给其他卡余额将有比4月下降20%,他们将被处以不过这严重限制我国现有信用作紧急用途.

Just wanted to know if it is legal for them to increase the rate on a closed account and if there was any other option for me to consider.如果只是想知道他们是合法率提高到一个封闭的、没有任何其他选择,如果我考虑. Obviously this would be information for any future similar situations.显然这将是日后类似情况的信息. Thanks!感谢!
--Mike--迈克

Answer答案
Mike,米克

Do you have the original paperwork that gave you the fixed rate of 5%?你有你的原始文件,给予定率5%? I truly hope so because it's that documentation that could ultimately help you keep that rate.我真希望如此,因为它的文件,可以帮助你保持到最终速度. The only problem is that you did transfer the balance but you did so because you thought they wouldn't keep the rate at what they promised.唯一的问题是,你把你的平衡,但你这样做是因为他们以为不会答应他们的速度不断.

I see this happen frequently that's why I ALWAYS keep copies of the letter, terms, conditions, etc. in my files for just such a situation.我常常见到这种事情,所以我始终保持一份信件,职权、条件、等我刚刚这种情况档案. I even photocopy applications!我什影印申请书!

If this happened to me, and I found evidence that they couldn't raise the rate, then I might even contact a lawyer and see what could be done.如果这事对我来说,我找到证据,他们不能提高利率然后我和律师联络,甚至可以做看看. I would also contact the Federal Trade Commission and other consumer groups to see if they could help me make the bank honor their agreement.我也致电联邦贸易委员会及其他消费者团体,看看能帮助我,使银行信守协议.

For the future...get everything in writing and keep it in a file!答:今后凡是得随时以书面文件!

Good luck and please let me know what happens.请让我知道,好运什么事.

Scott斯科特

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Statute of Limitations for Debt Repayment

Collection Company After 23-Year-Old Debt
by Scott Bilker

Scott Bilker is the author of the best-selling book "Credit Card and Debt Management." He is also the Editor and publisher of the FREE DebtSmart® E-mail Newsletter (http://www.debtsmart.com). Sign up today!

Scott,
I received a letter telling me that I owed a debt of $535.73, but, "if I paid $214.00 immediately," they would cancel the debt. I cannot recall owing this debt. It was made, according to the company (I called this AM) in 1980, under my husband's name. We retired in 1978 and live on Social Security. He has never had a credit card and I have always taken care of our money, since he was in the Marine Corps and overseas so much. I have checked through as many old papers as I have and can't find this debt. When I pay a card off, I always cut it up. I have no cards now, and pay everything by check. Can they collect on a debt this old? I asked them to send any paperwork on this debt to me, but they said, "if I refuse to send a check at once," they will take me to court! What must I do? Thank you for your advice!
--Marjory

Marjory,

Disclaimer: Let me first say that I am not a lawyer. You should always seek the advice of licensed attorney in your state. This response is Scott's interpretation of legal issues and is for your entertainment only.

My impression is that you're dealing with an unscrupulous debt collection company that, quite frankly, may be lying about the debt! Be very careful not to disclose too much information to these people because you cannot trust them!

Do not send them any money! Do not give them any information about your checking account or any other accounts!

If the debt they are calling on is real, and 23 years old, it's going to be far past the statute of limitations in SC (10 years). You can send them a letter stating that, "This debt is past the statue of limitations and not legally collectable. Have a nice day. :)"

In the case that they claim it's not an old debt you are still protected against many debt collection tactics by The Fair Debt Collection Practices Act (FDCPA). This law requires many procedures to be followed by debt collection companies, and it seems that the company which called you violated it immediately.

Validation (Section 809a): Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, give you information such as the amount of the debt; the name of the original creditor; a statement that you have 30 days to dispute the debt; among other items. You can see the entire law by clicking on its hyperlink in the previous paragraph.

And if you ask, they have to prove it! Section (b) states, "If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector."

In your first conversation they threatened to take legal action when you asked to provide proof of the debt. Legally, they must give you that information. The next time they call tell them that according to the FDCPA, section 809a, they have 5 days to give you information about that debt.

After they send that information, dispute the debt. This will force the debt collector to do more research. Then, if they provide some paperwork about the original debt, you'll be able to better verify its accuracy.

Since the debt is probably not valid, you could simply send them a cease-and-desist letter as pursuant to 805c. Write that you want them to stop contacting you for any reason. However, there are some reasons that they can contact you again like to let you know that they're not going to contact you again or they're going to take some other legal action.

Please let me know what happens with your situation.

Good luck!

Scott

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