Credit Card Charges for Undelivered Oil Can be Disputed
HARTFORD – Customers of the now-closed F & S Oil Company, Village Oil, Bosse Graziano Oil Company, Carlson Fuel of Meriden, Inc., and US Fuels who pre-bought fuel using their credit card should take advantage of an important consumer protection available to them through the Fair Credit Billing Act (FCBA), according to Department of Consumer Protection Commissioner Jerry Farrell, Jr.
“The Fair Credit Billing Act establishes procedures that apply to disputes about credit card billing errors or issues,” Farrell said today. “In this case, customers who pre-paid by credit card for fuel that was never delivered can dispute the charges, and may receive credit or repayment for the portion of pre-paid fuel that wasn’t delivered. However, to take advantage of this safeguard, act promptly.”
Consumers who are still owed fuel that was charged to their credit card by one of the now-closed companies should send a letter to their credit card company at the address given for “billing inquiries,” -- NOT the address for sending payments. Send your letter by certified mail, return receipt requested, so you have proof of what the creditor received. Include copies (not originals) of sales slips, your contract, or other documents that support your position. In the letter, provide your name, address, credit card account number and a description of the issue with the non-delivery of oil that was pre-paid. The law states that your letter must reach the creditor within 60 days after the first bill containing the error was mailed to you. Keep a copy of your dispute letter.
The credit card company must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has been resolved. The creditor must resolve the dispute within two billing cycles (but not more than 90 days) after receiving your letter.
“While your bill is in dispute, you may withhold payment on the disputed amount and related charges,” Farrell said. “However, you must pay any part of your credit card bill not in question, including finance charges on the undisputed amount. The creditor may not take any legal or other action to collect the disputed amount and related charges (including finance charges) during the investigation. While your account cannot be closed or restricted, the disputed amount may be applied against your credit limit.”
Fair Credit Billing Act
Your credit card company may not threaten your credit rating or report you as delinquent while your bill is in dispute. While the company may report to credit bureaus that you are challenging your bill, you cannot be denied credit in the future simply because you’ve disputed a bill. Once the investigation ends, the creditor must explain to you - in writing - the corrections that will be made to your account. In addition to crediting your account, the creditor must remove all finance charges, late fees or other charges related to the error.
Any creditor who fails to follow the settlement procedure may not collect the amount in dispute, or any related finance charges up to $50, even if the bill turns out to be correct. For example, if a creditor acknowledges your complaint in 45 days - 15 days too late - or takes more than two billing cycles to resolve a dispute, the penalty applies. The penalty also applies if a creditor threatens to report - or improperly reports – your failure to pay during the dispute period.
The credit card company must promptly credit or refund overpayments and other amounts owed to your account. If you prefer a refund, send in a written request to the company; the refund must be sent within seven business days after the creditor receives your written request. The creditor must also make a good faith effort to refund a credit balance that has remained on your account for more than six months.
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