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Thaler
Premium
join:2004-02-02
Los Angeles, CA
kudos:3

[Rant] Fraudulent Purchase Made on Credit, Chase Says is Legit

So, about ~2 months ago, while I was on a flight from Ohio to California, someone used lifted credit information to make a ~$300 purchase at Walmart in Texas. I caught the fraudulent use within days, reported it & claimed the card stolen. I got a new card with a new number within a week, and reassured by the Chase representative that I was not liable for fraudulent purchases.

Fast forward to this week, where I got a letter from Chase's Fraud Inspection department. Attached to the letter was a copy of the signed Walmart receipt (which the thief made no attempt to mimic my signature at all), and the letter detailed these points:

• The transaction was not claimed as fraudulent. (Then why are you sending me a fraud report letter?)
• The card was not listed as stolen. (Which it was, I got a new card and card number from them within the week)
• The transaction had been signed, making the transaction legit. (And signed by someone with *NOT* my signature!)
The stolen amount and interest will be added to this month's statement to be paid by me.

Currently, I'm awaiting the weekday to call Chase's review department, to hopefully get someone to look at this possible "small oversight" by them. According to the help line representative, it may not be possible to refund me the money, but "here at Chase, you are not liable for fraudulent purchases." Very reassuring (not).

So, a bit of a rant here on my situation, as well as asking the question, "If Chase does claim that I am liable for this purchase, do I have any legal recourse?" Some friends have recommended I go to small claims in this case, but I have no experience with such a process. Of course, should this come to pass, I'll have to close my credit & checking accounts with them, as well as avoid them in the future. According to my family, they'd like to do the same, but I don't think that necessarily helps my position with Chase's review department at all.

Apologies if my post may be a bit scattered, but I am kinda blown back by the total failure on Chase's "protection". Why they'd enclose such "evidence" to my purchase as a falsely signed receipt is beyond me.



DC DSL
There's a reason I'm Command.
Premium
join:2000-07-30
Washington, DC
kudos:2

1 recommendation

Re: [Rant] Fraudulent Purchase Made on Credit, Chase Says is Leg

You make copies of the signature on the back of your card, a canceled check from before the incident, copies of your boarding passes (indicating you were nowhere near the store), and what they sent you to substantiate the legitimacy of the charge. *MAIL* that (certified, return receipt) to the address on your statement for billing disputes. Include a clear, concise, and strictly professional-tenor letter that recaps the timeline, what you were told, the result. Ask them to explain how the signature (which should clearly not match) is yours. Also, ask them if they obtained video of the transaction from Walmart to identify the person supposedly using your card. Tell them you understand this could just be a mixup on their part but since it clearly is a fraudulent transaction, it is their responsibility to resolve it to your satisfaction. Give them a deadline for resolution to your satisfaction of "not later than 7 business days from the date they sign for the letter" and make clear that you will exercise all rights and recourse available to you by law if they are unwilling or unable to make you whole.
--
"Dance like the photo isn't being tagged; love like you've never been unfriended; and tweet like nobody is following."



Johkal
Cool Cat
Premium,MVM
join:2002-11-13
Happy Valley
kudos:10
reply to Thaler

While you are sorting and hopefully resolving this issue to your favor, consider getting a different credit card and dumping them.



Msradell
P.E.
Premium
join:2008-12-25
Louisville, KY
reply to Thaler

Did you ever send them written notice that the charge was fraudulent? In most cases I've seen you can notify them online or by telephone that a problem existed we still have to make a formal written claim. If you haven't done this that may be the problem.



Thaler
Premium
join:2004-02-02
Los Angeles, CA
kudos:3

said by Msradell:

Did you ever send them written notice that the charge was fraudulent? In most cases I've seen you can notify them online or by telephone that a problem existed we still have to make a formal written claim. If you haven't done this that may be the problem.

I've done it both online and on the phone, and the phone rep at Chase could actually date back to my theft claim date and calls. Both online and on the phone, there was no request for a written statement to the theft - however online, there was a space for me to write how the transaction was fraudulent.


Thaler
Premium
join:2004-02-02
Los Angeles, CA
kudos:3
reply to Johkal

said by Johkal:

While you are sorting and hopefully resolving this issue to your favor, consider getting a different credit card and dumping them.

I'm willing to give any company the benefit of the doubt. But if they wish to hard-line this issue and demand I pay the amount in question, I'll be more than happy to pull my card, accounts, and business (present and future) from Chase.


CylonRed
Premium,MVM
join:2000-07-06
Bloom County
reply to Thaler

Dispute the charge in writing - should be exact instructions on your statement and include every thing already mentioned. No need fro small claims court which they will likely laugh at....
--
Brian

"It drops into your stomach like a Abrams's tank.... driven by Rosanne Barr..." A. Bourdain



Koil
Premium
join:2002-09-10
Irmo, SC
kudos:2
reply to Thaler

I get the feeling this is one of those things, similar to how insurance companies will do, where the deny almost everything at first, and then wait for you to come back and dispute before they do any real legwork on the transaction.



trythisfirst

@comcast.net
reply to Thaler

I had a legitimate fraud deal with chase one time. I don't feel like typing up a long post about it, needles to say i use a different bank now, they basically just played dumb and wouldn't do anything about a discrepancy.


scross

join:2002-09-13
Cordova, TN
reply to Thaler

Was the stolen card a personal credit card or a business credit card? I don't remember all of the details, but the latest credit card laws that went into effect a few years back favored personal cards and disfavored business cards (far fewer legal protections for them). This was a "gotcha" in favor of the credit card companies, so of course they started pushing their business cards more (I got flooded with unsolicited offers for these myself, even though I have no use for one).

In other words, if this was a business card then don't automatically assume that you have the legal protections on it that a personal card has.


MGD
Premium,MVM
join:2002-07-31
kudos:9

1 edit

4 recommendations

reply to Thaler

said by Thaler:

So, about ~2 months ago, while I was on a flight from Ohio to California, someone used lifted credit information to make a ~$300 purchase at Walmart in Texas. I caught the fraudulent use within days, reported it & claimed the card stolen. I got a new card with a new number within a week, and reassured by the Chase representative that I was not liable for fraudulent purchases.
.....
..

.
You didn't mention that your card was actually stolen, I presume based on the above, that you told Chase that your card was stolen. As I have advised on the DSLR forums multiple times in the past; NEVER report your card as stolen if it is still in your possession. Though it may seem like semantics the difference is substantial. In your case, it appears that your card DATA was stolen, and not your physical card. Correct me if I am mistaken.

When you are the victim of fraudulent credit card transaction/s and you still have your card, then you are not liable for the the first $50 in fraud that occurs before you report the loss. The fact that your data was stolen, and not your physical card, removes you from liability. That also shifts the focus to data theft, which is by far the most frequent causes of fraudulent transactions. (The most recent mega volume case being the Atlanta based card transaction processor: Global Payments, who acknowledged a few months back that 1.5 million credit card accounts were compromised. However, reliable inside sources report that the true number may be far greater, 20 times the reported amount, or even far more.)

First, I suggest that to preserve all your rights under federal law that you follow the FCBA procedures, and send written notice to CHASE via CMRRR to arrive within 60 days of the mailing date of the statement that first contained the fraudulent charges.



ref:»ftc.gov/bcp/edu/pubs/consumer/cr···e16.shtm

You should continue to discuss and try to resolve the issue with Chase over the phone, however, it is vital that you preserve your rights by adhering to the above requirements.

said by Thaler:

.......
Fast forward to this week, where I got a letter from Chase's Fraud Inspection department. Attached to the letter was a copy of the signed Walmart receipt (which the thief made no attempt to mimic my signature at all), and the letter detailed these points:

• The transaction was not claimed as fraudulent. (Then why are you sending me a fraud report letter?)
• The card was not listed as stolen. (Which it was, I got a new card and card number from them within the week)
• The transaction had been signed, making the transaction legit. (And signed by someone with *NOT* my signature!)
The stolen amount and interest will be added to this month's statement to be paid by me.

Currently, I'm awaiting the weekday to call Chase's review department, to hopefully get someone to look at this possible "small oversight" by them. According to the help line representative, it may not be possible to refund me the money, but "here at Chase, you are not liable for fraudulent purchases." Very reassuring (not).
........
...

.
Since Chase has already responded unfavorably in writing, you must also reply to that letter within 10 days of receiving it, also CMRRR. See below for issues that you should raise in the reply.

The determination letter that you received from Chase was clearly handled by the level one division of the bank, commonly referred to as "clueless". Here is some prior history of their astonishing incompetence: »Bank Denied Fraud Claim

So you understand the process, your original call prompted Chase to notify the merchant "Walmart" of a dispute and fraudulent transaction claim, and notice of pending chargeback. Walmart's aggressiveness in denying injury claims and lawyering up, is only surpassed by the aggressiveness with which they address potential chargebacks. Walmart would have immediately responded to that notice with a valid transaction form letter and included a copy of the electronically signed receipt. Chase's incompetent level one fraud division employee looks at the Walmart reply for 10 seconds, and says "that's good enough for us", then reinstates the charges. If your claim of fraud is upheld it is Walmart who eats the total costs.

Your immediate written reply to CHASE's fraud claim determination, should include the points you raised above, and, in addition here are some suggestions.

That the fraudulent charges which were made at Walmart (state date, time, & full location) were not investigated as required by federal law. The enclosure of a signed register receipt provided by the merchant appears to constitute the entire basis of this determination. Not only does this not qualify as an investigation as required by law, the sole document provided, highlights the incompetence of how my fraudulent card charges were addressed. Clearly the signature on the receipt is not mine, nor does it match any of my signatures on file with Chase.

Furthermore, a qualifying investigation, as required by federal law, should necessitate a review of the on-file videotape of the transaction, which is available from the merchant. This cursory component of any fraud investigation would also confirm that the transactions were indeed fraudulent.

In addition, enclosed are copies of my flight itinerary and tickets, showing that I was on a flight from Ohio to California during the time that these fraudulent purchases were made. This is irrefutable evidence that I could not have made these transactions, and further substantiates that the fraudulent charges made on my credit card were not even minimally investigated as required by law.

I intend to vigorously pursue this matter until this flagrant error is corrected, including filing complaints with The Office of the Comptroller of the Currency, and the Federal Trade Commission, and, if necessary, pursuing legal action.

said by Thaler:

So, a bit of a rant here on my situation, as well as asking the question, "If Chase does claim that I am liable for this purchase, do I have any legal recourse?" Some friends have recommended I go to small claims in this case, but I have no experience with such a process. Of course, should this come to pass, I'll have to close my credit & checking accounts with them, as well as avoid them in the future. According to my family, they'd like to do the same, but I don't think that necessarily helps my position with Chase's review department at all.

.
In this case there are legal options under the FCBA federal statues to recover legal fees and damages. However, the problem is that the initial amount does not make it worthwhile. That is why you need to aggressively nip this problem NOW and decisively with Chase. Start writing those letters, immediately if not sooner. If your call to Chase tomorrow does not generate immediate apologies for their incompetence, then speak to a manager in the fraud department, go up the ladder quickly, and as far as is necessary.

If you have a relationship with your local branch, go see the manager and show them the evidence. Walmart does not accept chagebacks graciously either. Ask them if your card data was provided to them on any of the secret watch lists provided by VISA or Mastercard from the Global Payments data heist. Banks do not necessarily replace cards suspected in major data heists, they may flag and monitor them instead.

Know your rights and requirements under the consumer protection laws, and exercise them promptly. While many banking issues can be resolved properly by phone, that method can fail. The level of incompetency in the financial system is significant.

said by Thaler:

Apologies if my post may be a bit scattered, but I am kinda blown back by the total failure on Chase's "protection". Why they'd enclose such "evidence" to my purchase as a falsely signed receipt is beyond me.

.
I assure you, because of the amount no one has looked at that receipt. That is a generic and standard response by both Walmart and Chase for that amount category. If you want to recover that money, act now, and act fast. The next time this happens, and based on the volume of data hijacking odds are good that it will, always state that: "My CARD DATA must have been compromised because my card has been in my possession the entire time".

Had the amount of the fraudulent transactions been significantly higher Walmart woul have already reviewed the video of the transaction and probably submitted screen shots of the user. They will if Chase charges it back, they will also see if the cashier compared the signature on the back of the card, which the merchant agreement requires them to do. That is why I am not in favor of not signing a card or writing "see ID" on the card. Technically a card is not valid and should not be accepted by a merchant if it is not signed. Chances are that your card data was cloned on to a gift or prepaid card to disuade a cashier from checking the signature.

Also, call the card branded issuer as well and complain, if it is VISA for example, they are the ones who mandate the no liability for fraud:

VISA SECURITY PROGRAM

Zero Liability

• Shop anywhere with absolutely no risk
Your peace of mind and protection are paramount to Visa. Visa's Zero Liability policy is our guarantee that you won’t be held responsible for fraudulent charges made with your card or account information.1

• Shop worry-free at millions of merchants.
You can use your card to shop with confidence. That's because Visa protects your card information 24/7 and you won’t be held liable for unauthorized purchases made with your card or account information

ref:»usa.visa.com/personal/security/v···ity.html
.
You must emphasize to all concerned, the irrefutable proof that you were thousands of feet in the air and over a thousand miles away, when the transaction occurred. In order to pass airport security your identity is checked against the name on your ticket. There is no better proof that you were not at a Walmart in Texas.

Move quickly on this, time is of the essence.

MGD


Thaler
Premium
join:2004-02-02
Los Angeles, CA
kudos:3
reply to scross

said by scross:

Was the stolen card a personal credit card or a business credit card?

Personal. And Per MGD's post, I'll be calling them first thing tomorrow when the Review Department opens. Should that be a fail, I'll take my case to a local branch and possibly soon thereafter be making out these snail mail letters to the departments in question.

Just sucks to have to be having to deal with this much grief in a card where their advertising heavily stresses the hassle-free safety of their product.

Mele20
Premium
join:2001-06-05
Hilo, HI
kudos:5

2 edits

Bad decision on your part. You need to write those letters TONIGHT. While you are at it, you can also write one to Visa complaining about their false advertising regarding the "hassle free safety" of their product. Tell Visa that you intend to complain to your state attorney general regarding their false advertising because that is exactly what it is.

It is LEGALLY required that you put the dispute in writing. Chase, or any financial institution that issues credit cards, has NO LEGAL OBLIGATION to do anything unless, and until, you put it in writing. You don't like that then complain to Visa about false advertising.

I just got an excellent two page document from FIA Card Services (BOA although my bank issuing the card is Bank of Hawaii) that is titled Your Billing Rights. I think Chase and all card issuing institutions should send out a document like this. It is written in plain English (no legalize), is detailed, but to the point, and clearly explains step by step what the credit card holder must do when disputing a charge and what the issuing institution must do and what they cannot do. None of it was new to me as it has always been the case (Visa's advertising not withstanding) that the card holder MUST write a snail mail letter to the financial institution when contesting a charge on their statement but it was nice to get a well written, plain English summary of my billing rights. No other financial institution has done this ...ever. The requirement that the dispute must be in writing is usually deeply buried in a one line obscure comment in the original card rules that come with the card when first issued. (FIA is excellent customer service wise and I hate that they have been sold off to Elan Financial Services which is not that good).

One of the first things stated in this document is that FIA says "You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question".

Write the letters NOW!

EDIT: Your Chase card is RFID or not? I have a Chase card and when it was renewed last year they sent an RFID one. I haven't used it and, if I decide to use it, I will request a non RFID one.
--
When governments fear people, there is liberty. When the people fear the government, there is tyranny. Thomas Jefferson



dandelion
Premium,MVM
join:2003-04-29
Germantown, TN
kudos:5
Reviews:
·Comcast
reply to Thaler

I have NEVER sent a letter in writing when I think there is a fraudulent charge. It has only happened a couple of times.. and they knew before I did giving me a call within a couple of days of the charge and holding my cc until I contact them. Immediately the charge is taken off and I receive a new card. This must be a new policy, or possibly just if you notify them? Whatever the case, ASAP I would definitely get a new company for your cc, you shouldn't have to go through this hassle.
--
Spare computer cycles can help find answers
Find A Cure!


Mele20
Premium
join:2001-06-05
Hilo, HI
kudos:5

It is NOT a new policy. It is the LAW and as far as I can recall has always been this way. I have had a number of disputes over the approximately 35-40 years since I first got a credit card. I have called about the dispute first but the banks have ALWAYS informed me on the phone that I am REQUIRED to put the dispute in writing. Chase is a mess and is quite unethical when it comes to customer service. (I was a party to both the California class action suit and the New York Attorney General suit against Chase a couple of years ago for blatantly trying to screw (by changing the terms of the contract) a lot of us who had low interest balance transfers with them. Chase lost in both cases but it hasn't deterred them one bit as far as trying to screw their customers). You use Chase you must be VERY, VERY CAREFUL to maintain your rights as Chase wants you to f**k up or, to be more generous to Chase, they simply don't care, the CSR's are poorly trained, and they do not have to do a proper investigation unless the dispute is put in writing by the customer.

Yes, he should get a new bank or at least a new credit card issuer. Discover is very good, and FIA has been great, but BOA sold FIA and Elan that now has FIA is not that great, but still much better than Chase. But your best bet is a LOCAL bank or credit union that issues credit cards and has LOCAL customer service not a big, national bank. You still will have to put the dispute in writing. I think you were just lucky or maybe it was a situation where the fraudulent charge was LARGE (much larger than the OP's), or the card holder seldom travels outside of their state and the charge was a thousand miles away in person, etc. In other words, your bank noticed something way outside your usual charge pattern and that is why THEY called you.

I have had my local bank, that I have a card with, call me immediately if I charge something like a $2000 computer on the card at Dell.com. I have to call them BEFORE I do anything like that as my charges are mostly small ones so if I don't want the bank stopping the charge until they can call and confirm with me, I call the bank first. I always call my bank before making any amount of purchase at a Canadian pharmacy otherwise it won't go through until the bank confirms it with me (thus possibly delaying my getting the medicine). So, I think it was some situation like this with you. I had Sears actually freeze my card while I was using it in their gigantic store at Ala Moana Shopping Center in Honolulu. It was embarrassing. Later Sears explained they had tried to call me at my home on the Big Island but I was not there, I was in Honolulu shopping in that Sears, not my home town Sears, and I was spending a lot more than I would in my small home town Sears. But they treated my card as stolen when they couldn't reach me (this was before cell phones were in widespread use) at my home phone number.

When I have had to dispute a charge on one of my cards over these many years I have had credit cards (Visa, MasterCard, American Express and Discover) I guess I have been lucky because the banks have always told me when I called that I was required to put the dispute in writing, otherwise, they would not investigate. Most banks will send you forms to fill out but that is just, if not more, time consuming than writing your own letter. The good thing about the forms (or this Your Billing Rights document I just received from FIA) is that the forms make it difficult for you to forget any necessary information.
--
When governments fear people, there is liberty. When the people fear the government, there is tyranny. Thomas Jefferson



CylonRed
Premium,MVM
join:2000-07-06
Bloom County
reply to Thaler

No - officially dispute the charge in writing exactly how it is covered in the statement now, with all of the proof you can. Technically - that is the only process they have to follow so you need to follow it so they have no recourse than to follow up.
--
Brian

"It drops into your stomach like a Abrams's tank.... driven by Rosanne Barr..." A. Bourdain



dandelion
Premium,MVM
join:2003-04-29
Germantown, TN
kudos:5
Reviews:
·Comcast
reply to Thaler

I didn't save all the links, this is just one searching on google:»creditcardforum.com/blog/credit-···dispute/ . It is recommended to send a letter of fraudulent charges though not necessary as far as my read and my experience also. Perhaps it depends on the cc company and if they want to continue to keep you as a customer also . One link and again apologize for not saving it.. was simply though an E-how so am not sure how reliable...mentioned it is sufficient according to Visa policy to talk of fraudulent charges over the phone. My experience by the way has been with Visa rather then MC however. Since you seem to be having this problem with Chase.. I would follow all procedures to the letter and after finally tearing up this cc would recommend no one ever get one of theirs again.
--
Spare computer cycles can help find answers
Find A Cure!



RickNY
Premium
join:2000-11-02
Farmingville, NY
Reviews:
·Optimum Online
reply to Thaler

I have dealt with Chase for fraudulent charges on a corporate card.. Once the fraudulent transaction is reported, they a) cancel the existing card b) mail a new card under separate cover and c) send you an affidavit to be signed by you asserting that you did not make the charges, that you need to mail or fax back to them. Did you ever receive such affidavit, and, did you sign it and return it to them?


ke4pym
Premium
join:2004-07-24
Charlotte, NC
Reviews:
·VOIPO
·ooma
·Verizon Broadban..
·Northland Cable ..
·Time Warner Cable
reply to Thaler

I've never had to deal with Chase on fraudulent charges. But I've dealt with Citibank 2 or 3 times and let me tell you ... those guys reverse the charges first and ask questions later.

I had a $7,000 charge put on me by, I believe, the front desk hotel guy who kept the carbons when I checked into a joint in Myrtle Beach. The charges showed up that week I was there.

$7,000 to some eye doctor in NY for "services". Long story short, filled out the form on their web site, had to sign a couple of affidavits that it wasn't me and wammo blammo, charges dropped. No interest due.

Citibank even contacted the people and sent me the email chain. It was a rather amusing chain.



Bamafan2277

join:2008-09-20
Jeffersonville, IN
reply to Thaler

Run as fast as you can away from Chase once you get this settled! I had nothing but issues with them a couple years ago when my debit card got skimmed.

Someone tried to order a cell phone from Newegg and ship it to Korea. I called chase to dispute the transaction and they did me like they did you. They closed the card, sent a new one and said I would have a answer in 2-3 weeks. I had to call Newegg and luckily their fraud system put the order on hold and they released the money back to my account. But Chase decides the transaction was not fradulent and took the money right back out of my account even though Newegg never took any money.

I called their customer service that was over in India and after going around and around for 2 hours with them and getting no where I went to the local branch, figuring I could atleast speak to someone who spoke english. The branch manager felt bad for what happened and he made some calls and he ended up having to speak to someone in India. At that point I told him to close my bank account and give me my money in the account, that I was done dealing with Chase. I do not understand why they make it so difficult.

Chase ended up trying to take me to court over the $500 they claim I owed them but once I sent a certified letter from Newegg saying they reversed the pending charge and never took $500 Chase finally backed down.

Now I bank with a local bank and the customer service is amazing! I had my card stolen with the local bank a few months ago, they issued me a new temp card on the spot and reversed all transactions as they happened across country after I signed that it was not me and that was it.


Liberty

join:2005-06-12
Tucson, AZ
Reviews:
·Cox HSI
reply to Thaler

In past month I got a call from my business cc company saying they detected fraud on my card and canceled it. Ten minutes before I had charged gas.

Seems someone in GB had ordered from several places, several hundred $$ worth of body building stuff

Sent me a new card and a form I had to sign stating I had no way benifited from those purchases

Done deal.

Local bank branded card



AVD
Respice, Adspice, Prospice
Premium
join:2003-02-06
Onion, NJ
kudos:1
reply to Thaler

this thread is tl;dr
but I just want to say, I had a similar problem with AmEx, I disputed a series of bogus charges on my AmEx bill. One came back for a garage door installation.

I disputed it as fraudulent. They wrote me back a form letter stating the case was closed, with copy of a receipt with a scribbled signature but no card impression.

I called the AmEx customer service line, and the agent quickly calmed me down and reopened the case.

Two weeks later they declined my card at Home Depot. I called to complain, and they told me they issued me a new card due to suspicious activity. The charge was credited.

I bet you have to do the same. Reopen the case and a real human will see exactly what happened.

--
--Standard disclaimers apply.--
The preceding posting is null and void in Arizona and any other jurisdiction where prohibited by law.


DanB7

join:2002-10-05
Marietta, GA
reply to Thaler

You could also file a sworn affidavit with the issuer that you did not make the charge.



Thaler
Premium
join:2004-02-02
Los Angeles, CA
kudos:3
reply to RickNY

said by RickNY:

I have dealt with Chase for fraudulent charges on a corporate card.. Once the fraudulent transaction is reported, they a) cancel the existing card b) mail a new card under separate cover and c) send you an affidavit to be signed by you asserting that you did not make the charges, that you need to mail or fax back to them. Did you ever receive such affidavit, and, did you sign it and return it to them?

Nope, and no request was made. I'll be calling their number within an hour or two here though, I'll let people know what they say.


Hall
Premium,MVM
join:2000-04-28
Germantown, OH
kudos:2
reply to Koil

said by Koil:

I get the feeling this is one of those things, similar to how insurance companies will do, where the deny almost everything at first, and then wait for you to come back and dispute before they do any real legwork on the transaction.

You beat me to it.... I was thinking the same thing. They do this to everyone and enough people "accept" this and pay the charge.

As for small-claims court, you may very well "win" but no one will force Chase to remove the charge.


AVD
Respice, Adspice, Prospice
Premium
join:2003-02-06
Onion, NJ
kudos:1

once Chase says you owe something you don't you can sue for defamation.


MGD
Premium,MVM
join:2002-07-31
kudos:9

1 edit
reply to Thaler

said by Thaler:

said by RickNY:

I have dealt with Chase for fraudulent charges on a corporate card.. Once the fraudulent transaction is reported, they a) cancel the existing card b) mail a new card under separate cover and c) send you an affidavit to be signed by you asserting that you did not make the charges, that you need to mail or fax back to them. Did you ever receive such affidavit, and, did you sign it and return it to them?

Nope, and no request was made. I'll be calling their number within an hour or two here though, I'll let people know what they say.

.
While the majority of consumer card fraud cases can be resolved satisfactorily with the issuing bank over the telephone or via online communications. However, never allow the 60 day window to expire on unresolved cases.

In Thaler See Profile's case, Chase's failure to send him a fraud affidavit to be completed indicates that his case was not handled properly from the beginning. A completed fraud affidavit is necessary to finalize the chargeback to the merchant. Clearly something went wrong at Chase in response to your fraudulend charge complaint.

MGD


Thaler
Premium
join:2004-02-02
Los Angeles, CA
kudos:3
reply to Hall

said by Hall:

As for small-claims court, you may very well "win" but no one will force Chase to remove the charge.

On the phone now ATM, but my small claims suggestion was to pay the amount in question, then request the exact same amount back in small claims court.


Thaler
Premium
join:2004-02-02
Los Angeles, CA
kudos:3
reply to Thaler

Alright. just got off the horn with Chase. Apparently my initial fraudulent charge claim was filed under a customer charge dispute rather than a fraud case. Once the paperwork made it up to the fraud department, I guess someone forgot to dot the i's and cross the t's and so they sent me that receipt as a proof of services rendered.

The current Chase fraud representative pushed forward a refund of the amount (plus interest accrued) to be seen electronically within 24-48 hours, and to be fully cleared on paper within 1 to 2 billing cycles. So, while I'm not particularly thrilled to have to play Chase department hopping, I'm satisfied to get the charge & interest removed.



ilikeme
I live in a van down by the river.
Premium
join:2002-08-27
Sugar Land, TX
kudos:1
reply to Thaler

Another reason I stay away from the mega-chain banks. I have never had any trouble with USAA or American Express when resolving security issues.