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    incorrect charge to CC

    Help please. I have stopped using my CC's in anticiptaion of filling in February which would put me at about 100 dyas between CC activity and about 150 days from luxury expenses. Well come to find out that in the middle of last month a hotel charged my CC 1000 for a holiday party deposit. I have e-mails with the event planner not to charge my CC and to remove my CC from their files which he agreed to. I also sent them a deposit check to cover which he received in the beginning of December but it appears he already charged my CC on Nov 19 and never told me. I have paid him in full so this charge was in error and when he gets back after the holidays i will have him credit my account. i am curious if american express can claim fraud as the will show activity within 90 days even though it was in error and they wil see a matching credit about 50 days after the initial charge?
    Thanks
    Chp 7 Filled 2-21-08
    341 Hearing 3-24-08

    #2
    If the hotel reverses that charge, I see no problem with anything. BTW....are you still paying your credit cards? If you are going to file then paying your credit cards is really a waste of money.

    Have you consulted an attorney? If not you should do so quickly...but unless there is more to the story then paying is really not necessary. (I'm assuming you are still paying becuase AMEX was still valid with an open credit line.)

    Also, as an afterthought.....you might want to be careful how you spend your cash in the 3 months prior to filing. I'm not sure if you had a balance on that party due, but it sounds mightly expensive and I wonder what a trustee would think about spending money on a party. (not being judgemental...just pointing something out that you might think about and ask an attorney about.)
    Last edited by CindyLou; 12-26-2007, 02:15 AM.
    Chapter 7 Pro Se....Discharged Feb. 2006

    Comment


      #3
      Monkatom, the fact that you have supporting documentation to prove that you did not charge the card and that it was in error helps a lot, as will the eventual credit to the card: it's no longer fraud when it's been paid back.

      However, Cindylynn has a very good point: if it was your own party it might look like a luxury charge. If it was, say, an office party and the cash involved wasn't actually yours, that's a different story. Even if it was a family party, but you could document that the money belonged to others and was not your own personal expenditure, that would help. Good luck!
      Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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        #4
        I actually received a government check to pay several vendors than payed the vendors as our government office felt that is easier than paying multiple vendors so I was just a pass thru account which my lawyer felt was OK. Just spoke to lawyer and hotel today and the hotel credited my card less 24 cents due to a balnce discrepancy and the lawyer said that would be fine. I have been current on cards but will not be paying anymnore as I am filling so the credit line is still open since I am not very far behind on paymnets.
        Thanks
        Chp 7 Filled 2-21-08
        341 Hearing 3-24-08

        Comment

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