Here is my complaint I made with the BBB of Arkansas last month:
Acct #418XXXX-0 incurred delinquency fee of $39.00 dated 8/10/09 when payment was mailed on 8/3/09 with a due date of 8/9/09 (Sunday). I was told by Rep. Lydia that delinquency charge would not be removed from my account even though I mailed payment a week in advance and my due date fell on a Sunday. I am being unfairly penalized for either delayed mail delivery or delayed payment processing - both situations beyond my control. Lydia also informed me that if I chose to pay by mail there was no guarantee that this would not happen again since I would always be penalized if payment received late even if it is a situation beyond my control. Why offer a pay-by-mail option to customers if they have to bear the burden of financial penalty due to some one else's mistake or delay? Lydia says the only way I could avoid delinquency fees is to pay on-line. What happens if I do not own a computer? Seems like not all customers treated under the same policies and practices that should be standard. Lydia also mentioned that lockbox where payment goes does not keep post-marked envelope to prove mailed date and that also seems unfair since I am the one with the burden of proof and I am the one being held accountable. The company can choose to not process my payment on time and discard supporting documentation that the payment was mailed on time and the consumer has to "good faith" that this did not occur? And at the same time the company does not have to have "good faith" that the consumer mailed their payment on time? This is a clear case of a "one-way" contract that is seemingly illegal & a nonetheless unethical business practice.
This is the response form HC Processing Center:
Our company is in receipt of your correspondence dated August 31 on behalf of Ms. Dever in which Ms. Dever alluded to the United States Postal Service's or our ''delay'' in processing her August payment. To be clear on that point, our processing of Ms. Dever's payment was only delayed by the length of time it took said payment to reach us through the mail.
Our payments are received at a bank lock box and processed by the bank; the bank has nothing to gain and much to lose by delaying deposits. Since Ms. Dever did not provide it, we assume she has no proof that she mailed her payment in time for it to reach us by her due date. If not, her assumption that HC Processing Center caused the alleged processing delay is both unfounded and unjust. Enclosed is a copy of the check in question that was mailed to our bank lock box, not our office, and was received and posted on August 11. Again, the bank has every reason for depositing checks as quickly as possible and no reason to ''hold'' them. The copy of our lock box printout shows the date the bank received and posted Ms. Dever's payment.
Please understand, in large part because the US Postal Service tends to be erratic, we offer alternative methods by which our cardholders can submit payments. Each statement sent to our cardholders have instructions for these Payment Options printed on the back, including automatic drafts, payment by phone (24/7), and payment via the Internet. The instructions for paying by telephone are also repeated on the front of each statement.
In summary, Ms. Dever was well advised of her due date and the consequences of failing to pay as agreed; however, it was her choice to send her payment through the mail. Nevertheless, we have chosen to write off the delinquency charge as a one-time courtesy to our customer. Our actions in regard to this complaint should in no way be construed as an admission of wrong on our part, but instead were taken in an attempt to maintain a positive relationship with Ms. Dever.
Please feel free to contact me should you need further information.
Sincerely,
Mark Robertson
Manager, Correspondence & Disputes
[protected]
These guys are a bunch of shysters!
