Oceanside, CA asked in Consumer Law for California

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?

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

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.

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