Q: I made a large overpayment to my credit card, Credit One, and I have not received it back.
Credit One said they sent a check to Fiserv and that it is up to Fiserv to deal with it. Credit One gave me a check number. I contacted Fiserv and they dont have the check number. Did Credit One just steal my money?
A:
Based on the information you've provided, it's unclear exactly what has happened with your overpayment. However, under California law, credit card companies are required to refund overpayments in a timely manner. Here are a few key points and steps you can take:
1. Contact Credit One again and request a clear explanation of when the refund check was issued, to whom it was issued (you or Fiserv), and why they believe Fiserv is responsible for the refund.
2. If Credit One claims they sent the check to Fiserv, ask them to provide proof of this transaction, such as a tracking number or a copy of the cashed check.
3. Follow up with Fiserv and provide them with any additional information you receive from Credit One. If Fiserv maintains that they do not have the check, ask them to investigate further.
4. Keep detailed records of all your communications with both Credit One and Fiserv, including dates, times, and the names of representatives you speak with.
5. If you believe Credit One is not handling your refund appropriately, you can file a complaint with the California Department of Financial Protection and Innovation (DFPI) or the Consumer Financial Protection Bureau (CFPB).
6. If the issue remains unresolved, consider seeking legal advice from a consumer protection attorney who can help you understand your rights and potential next steps.
It's premature to conclude that Credit One has stolen your money, but it's important to persist in seeking a resolution and to escalate the matter if you believe your rights as a consumer are being violated.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
