QUESTION

Can I take legal action against my credit card company for failing to resolve a dispute and trying to collect the amount disputed?

Asked on Feb 13th, 2014 on Breach of Contract - New York
More details to this question:
I paid a merchant for some items I never received. I disputed the amount with my credit card company, but they advised instead to take legal action against the merchant. So, I stopped payment on my credit card for the amount being disputed. And now the amount is in collection. Can I take legal action against my credit card company for ruining my credit?
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
You can sue, but I don't see how you can win.  A credit card company is not a court.  It has no power or right to adjudicate whether you or the merchant is legally right.  Assuming that you have the standard contract with the credit card company, it appears to have followed that contract if it let the merchant know that you were challenging the charge.  If the merchant insists that you owe the money, the credit card company will pay it, just as I'm sure your credit card agreement provides.  Your recourse, as the credit card company informed you, is to sue the merchant.  Meanwhile, the credit card company has actually paid the merchant, but you have refused to repay the credit card company, so of course that failure to pay has appeared on your credit  history, and of course the credit card company is trying to get you to repay it.   
Answered on Feb 14th, 2014 at 11:26 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters