Cancellation of My Credit Card
Complaint
John Pansini
Country: United States
Chase has decided to cancel my card based on reporting from Experian. They sent me a letter stating that on "February 28, 20010" they will close my account. That will be in another 18,000 years. I'm OK with that.
I would like to keep this account open. Is Chase legally bound by the date stated in their letter?
Thank you,
John Pansini
I would like to keep this account open. Is Chase legally bound by the date stated in their letter?
Thank you,
John Pansini
Comments
Because they have notified you that their decision is based on information on your Experian report (an "Adverse Action Notice"), you should get a copy of your Experian report to check for accuracy. If you have not already received a letter from Chase containing this notice, request it, as they are required to send it.
Due to the adverse action, Experian is required to provide you a credit report for free (separate from the free annual reports). Check it for errors, and dispute any you find through Experian.
Closing of a credit account may drop your scores, depending on your ratio of total used to available credit. Depending on the nature of the negative information on your report, you may want to take advantage of the period of time the card is still open, should you want to open an account with another bank or credit union.
The larger banks appear to be juggling their customer mix, sometimes based more on profitability rather than risk (note AmEx's recent closing of numerous long time customer accounts). You may want to diversify your banking relationships to include local banks or credit unions, or get a card with a bank you have used primarily for checking.
Take care,
JP
They can mess up your credit whether they contact you at all, and have no liability for the damage they do even if you don't owe it.
It is more effective to use FDCPA to demand validation, putting their collection activity on hold while they obtain and send proof. If they continue to collect, and especially if they engage in harassing, abusive, or deceptive collection tactics, you can sue them under FDCPA.
You should also check your credit reports to see if they have put damaging information on them, and dispute any erroneous credit information through the credit reporting agency if you find any. This is particularly important to check when one of your creditors has degraded your terms or cut your credit due to information on a credit report. That should be a red flag that something may be wrong with your credit reports, possibly an erroneous collection account or bad debt.
If the "proof" they send shows it isn't your debt, you then use that to get the error removed from your credit file, or if they won't cooperate, you sue them to achieve the same result.
If it shows the debt is a fraudulent account resulting from id theft, you can report it to the police, and use the police report and a fraud affidavit to get it removed.
Today, there are many dishonest debt collectors buying cheap old "debt" for penneys on the dollar, and using it to squeeze money from anyone with a similar name they can convince to pay anywhere in the country. This results in a steady stream of damaging debt collection activity that even affects people who have no defaulted accounts or unpaid debts. This form of debt collection has become little more than a racket.
The debt collector isn't even liable for credit damage until you dispute through the CRA and it is "verified" in error. At that point, you could then sue the debt collector under FCRA for the damage resulting from their error.
Do NOT ignore indications of possible credit damage. Use the law to dispute and take action against any party damaging you in error. Ignoring it can be expensive.
What does FDCPA stand for?
Personally, I think it's bull but as long as the calls stop...
As for erroneous calls from a debt collector, although they may promise to cease calling, be prepared to push the issue if they continue to call. You might file a complaint with your state Attorney General.
Or send them a "cease communications" letter, indicating they already admitted they were calling in error for <whoever> and despite agreeing to stop calling you, they are still calling you. You are setting them up to sue them should they not cease, under provisions of FDCPA.
If you do nothing, then you will be at square zero, regardless of how long they continue to call.
FTC site
www.ftc.gov
FDCPA (Fair Debt Collection Practices Act)
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
FCRA (Fair Credit Reporting Act)
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre30.pdf