Merrick Bank Corporation

Merrick Bank is in receipt of your response regarding the
complaint submitted February 26th, 2016 regarding the settlement of
your charged off account. We regret that you are dissatisfied with the service
you received. As noted in our previous response, the only way a Settled in Full
letter can be expedited is with proof the payment cleared your account.
However, as you indicated in your response, you advised our representative that
you were unwilling to provide the verification needed to expedite the letter.
As of March 12, 2016 the Settled in Full letter was sent and we consider this
matter closed.

Ms. [redacted] began making payments under the program in April 2015, at the beginning of the program the account was being reported as past due for the months of January, February and March 2015.  This was the correct reporting status of the account.
Once Ms. [redacted] made 3 payments under the...

fixed payment program the account was eligible to be “re-aged”.   After the account was “re-aged” the credit reporting for the account began reporting as current.  The account has reported as current since that time.  The various statuses of the account are correct for that period of time. The letter sent to Ms. [redacted] indicates that once the account is re-aged it will be considered current. That does not mean the past history of the account will be removed.  That history portion of the account will remain as it was for that given time.
Merrick is required to report the accurate status of the accounts it reports to the credit reporting agencies as required by the Fair Credit Reporting Act.  Ms. [redacted] account is being reported correctly as explained above.   I have enclosed copies of the statements reviewed and a copy of the letter explaining the fixed payment program.

Merrick does not sell its accounts to collection agencies.  We do have agencies who collect for Merrick but the accounts are not sold nor are these agencies reporting the Merrick accounts in their names.  Merrick will continue to collect and report on this account.  The information being reported is correct and accurate.

Ms. [redacted] opened an account with Merrick in April 2015 and has used the account for the purchase of goods and services.  The due date on the account is the 21st of each month.   Beginning in October 2016 Ms. [redacted] began making payments for less than the minimum payment due on the...

account. Because of this pattern there have been late fees assessed on the account. For example in the month of October the minimum payment due was $49.  Ms. [redacted] did not make a payment on the account for that month.  In November the account had a minimum payment due of $137, Ms. [redacted] made 2 payments.  A payment of $49.40 on November 4 and a payment of $43.60 on November, 17 totaling $93, both of these payments were not enough to meet the minimum payment due of $137.  In December the minimum payment due was not paid in full by the due date.   A minimum payment is due each month there is a balance owing on the account.  A fee waiver does not reduce the minimum payment due in the month the fees were waived but that waiver does reduce the following month’s minimum payment due.   Merrick has waived the most recent late fee in the amount of $38.00 for Ms. [redacted]’s account.  If she needs to change her due date to better meet her financial situation she can contact us at 800-253-2322 and discuss a due date change that might work better for her.

Ms. [redacted] opened a secured card account with Merrick in March 2014 and used the account for the purchase of goods and services. At the time the account was opened Ms. [redacted] sent Merrick a security deposit of $200.00 which equaled the line of credit available on the account. In June 2014 the account...

became delinquent, on August 26, 2014 the security deposit was applied to the unpaid balance, and the account was subsequently charged off in February 2015 for non-payment.  At the time the security deposit was applied, the balance was $303.26. The account subsequently incurred additional fees and interest prior to charge-off, and the current unpaid balance on the account is $159.07.   According to the account records the credit reporting is correct and accurate.  Merrick will not remove or delete the accurate reporting of the account from Ms. [redacted]’s credit file.   If Ms. [redacted] wishes to make arrangements to pay the balance she can contact us at 877-487-5598 and find out what kind of arrangement might be available.  Merrick also has payment plans and settlement plans to assist Ms. [redacted].

A review of Mr. [redacted]’ account was conducted.  In November 2014 Mr. [redacted] informed Merrick that he was unemployed and could not make full payments on the account.  He was offered and accepted a modified payment plan but did not make payments under the plan.  The account was...

charged off for non-payment in May 2015. The balance of the account at that time was $654.06.  In September 2015 Mr. [redacted] was made an offer to pay 65% of the outstanding balance, $425.16 over 12 months at $35.45. Provided that Mr. [redacted] made those payments timely as agreed, the remaining amount would be forgiven.  Mr. [redacted] made 8 of the 12 payments under the plan.  The amount paid was $283.44. Since Mr. [redacted] did not pay the full amount agreed upon, the full remaining balance became due.   Nevertheless, Merrick has determined to accept Mr. [redacted]’ payments already made as settlement for less than the full balance of the account.  Merrick will forgive the remaining balance of the account and report it as “settled in full for less than the full balance” to the credit reporting agencies.

Ms. [redacted] opened an account with Merrick in October 2016 and has used the account for the purchase of goods and services. According to the account history on July 10, 2017 Ms. [redacted] called Merrick regarding a charge where she indicated she was double billed for a purchase from a merchant...

called Byautoparts.com in the amount of $257.82. As a result of the call, Merrick opened a billing dispute claim and began an investigation. The amount in question was placed into disputed and no payment on that amount was required pending the outcome of the investigation.   On July 17, 2017 a charge back was sent to the merchant indicating there was a duplicate charge on Ms. [redacted]’s account. A temporary credit was issued pending the outcome of the charge back to the merchant and the continued investigation.   On August 31, 2017 the merchant re-presented the charge because it had already refunded one of the duplicate charges to Ms. [redacted]’s account. On September 12, 2017 a review of the account showed that a credit for the duplicate charge was received on Ms. [redacted]’s account on September 2, 2017. The temporary credit placed on the account in July 2017 was removed due to the refund from the merchant.   Ms. [redacted] contacted Merrick on October 4, 2017 and told a representative that she was due an additional credit as she had returned the merchandise purchased from the merchant. On October 23, 2017, Ms. [redacted] provided a copy of an email from the merchant indicating it had received the returned merchandise.   Merrick has as a courtesy provided Ms. [redacted] a credit for the amount of the returned merchandise.  Ms. [redacted] should see this adjustment to her account on her next billing statement.

Complaint: [redacted]
I am rejecting this response becauseiThat is not acceptable , this is the only credit card company I have that problem with and this is the second time in 3 months that it has happened. I have only had the card for a couple of months. The first payment I ever sent was "lost" in the mail until I called in a day before the due date to see if it was posted and was told by Merrick Bank that they did not receive it. So to avoid a late fee I paid over the phone with a debit card. The next day the payment that I originally sent in the mail was posted. Now a month later the same thing happens but I do not make the over the phone payment with a debit card because I want to see if the payment will post and it does not post, Merrick Bank says they never and I am charged a late fee. This is not a coincidence, the late fee was taken off and I paid over the phone with a debit card again. Merrick Bank says they still did not receive my payment I sent through the mail on June 2nd, it is now June 29th.I have 5 credit cards and Merrick Bank card is the only card company I have this problem with. Not once but twice within 3 months. I send the same envelope for every credit card and mail them within 10 days of my due date, if not sooner. Merrick Bank is the only one that gets "lost". The customer rep reminded me several times that I can pay with my debit card online or over the phone. So, it seems like they are making it difficult to pay thru the mail so you will use your debit card to pay instead of sending the payment in the mail because it is more convenient for them.The Merrick Bank payment address is Dallas, TX 57117. Like I said my father lives in Fort Worth, Texas, it takes 3 business days for mail to get from Philadelphia to Texas every time no fail, except maybe during a holiday, and never been lost. I have 4 other cards and none of the payments I sent to them were ever not received. And for the record, I told the customer rep to cancel my account if they did not do something about the late charge. The customer rep told me the late charge will be waived and canceled the card anyway!I do not want any further action, they are going to feed me the same old story and blame it on the mail. I'll pay the remaining balance off and I will not use the card unless it is an absolute emergency.
Sincerely,
[redacted]

On January 31, 2018, Ms. [redacted] contacted Merrick regarding charges she wished to dispute from a merchant identified as FRN*Trialpfodu. Ms. [redacted] indicated that she had agreed to a transaction on November 24, 2017 for $5.95. The additional two charges for $94.57 from this same merchant were placed...

into dispute.  The representative who initiated the billing dispute claim explained to Ms. [redacted] that she was required to cancel the renewal before the expiration of the “trial period”.  Ms. [redacted] explained that she did the initial transaction but did not sign up for automatic shipments and did not receive any other products from this merchant.  A letter was sent to Ms. [redacted] requesting information about the charges in an effort to assist in the investigation of the disputed charges.   Ms. [redacted] did send a reply to our letter requesting help with the investigation but it did not provide the additional information. We need to know how she ordered the product or the website from where she placed the order for the initial product.  On March 6, 2018 Ms. [redacted] called Merrick and disputed a third charge from the same merchant.  Another letter requesting specific information about the merchant and how the product was purchased. The claim is still open and pending while we wait for the specific information to be provided by Ms. [redacted].  Merrick has attempted to charge back the three disputed charges to the Merchant and we have provided temporary credits to Ms. [redacted]’s account.  Pending the outcome of the merchant chargeback, the credit may become permanent.   Merrick’s investigation into Ms. [redacted]’s dispute is in process, however the additional information requested is critical to the outcome. Once the billing dispute investigation has been completed, Ms. [redacted] will receive notice of the final outcome of the investigation.

Ms. [redacted] was the authorized user on an account under the name of [redacted]. Ms. [redacted], according to the application submitted by Mr. [redacted], was Mr. [redacted]’s wife. She was added by him as the authorized user at the time the application was submitted.   Regulation B requires Merrick to...

submit credit bureau reporting for spouses who are authorized users on accounts.  Merrick will consider removing the reporting for Mr. [redacted]’s account upon receipt of a letter requesting deletion of the report and the reasons for that request.  Ms. [redacted] can send that to us at the correspondence address of PO Box 9201, Old Bethpage, NY 11804 or via fax at 516-576-8610.

I accept Merricks response hand I appreciate them honoring the double line of credit and for being understanding of the situation and why I had paid late on my account.  Thank you.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Sincerely,
[redacted]

The designation of "lost" is used internally anytime an account is closed and a new account issued for a situation like Mr. [redacted]'s.  Other than the use of this designation the remainder of Merrick's response is correct.  Merrick has no further reply to this issue.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Sincerely,
[redacted]

The records of Ms. [redacted]' account indicates that for the past 4 months the payment made on the account have been made past the due date.  2 of the last 4 payments were for less than the minimum payment due.  Both of these factors will result in a late fee being assessed on the...

account.  It is Merrick's policy to waive one late fee in a 12 month period. Ms. [redacted]' account received a late fee waiver in December.  Another late fee waiver was requested in February but the fee waiver was declined because the account had already received the allotted number of fee waivers.  Ms. [redacted]' due date is on the 27th of each month.  The last 4 payment have been received after that date.  In an effort to resolve Ms. [redacted]' complaint Merrick has waived the most recent late fee assessed to the account.  Me. [redacted]' account will not be eligible for any additional late fee waivers until March 2018. If Ms. [redacted] needs to change her due date to better accommodate her financial situation she can contact us at 800-253-2322 to discussed that request.

Mr. [redacted] opened a Visa credit card account with Merrick in July 2012. The terms of the cardholder agreement which govern the account, and which were disclosed in marketing materials and again when Merrick sent Mr. [redacted] the card, are that an annual fee is charged while the account is open or has...

an unpaid balance.  Under those terms the first year annual fee is assessed at the time the card is issued, and subsequent annual fees are billed 1/12 monthly. Therefore, even though Mr. [redacted] paid the balance on his account, the annual fee continued to accrue monthly.   Mr. [redacted] indicated that he did not receive notification of the payments due on the account. However, Merrick sent notices of statements each month to the email address he included on his application which is [redacted]. Also the account records indicate that Merrick sent emails to Mr. [redacted] regarding the past due payments on October 28, 2016 and November 15, 2016.   The credit reporting for the account is correct and accurate according to the records for the account.  Merrick will not delete or modify the reporting.

Ms. [redacted] will need to send a dispute regarding any credit reporting to Merrick via the CBR's.  Merrick will investigate any disputed reporting and will correct as necessary if there are errors found.  This would include any information regarding the payment issue that had previously occurred on the account.

A review of Mr. [redacted]’s account was conducted and Merrick’s records indicate that Merrick has never had phone contact with Mr. [redacted] regarding a replacement card.  However, on January 31, 2016 Merrick’s Customer Service department contacted Mr. [redacted] in reference to a transaction...

authorization request that Merrick declined. During that call, Mr. [redacted] indicated that there may be potential fraud on the account, at which point he was referred to the the bank’s fraud unit but he hung up prior to discussing the account with the representative.  Since that time, Merrick has been replacing all cardholder plastics, including Mr. [redacted]’s, with EMV plastics. Mr. [redacted] should have received that EMV plastic by now so I have requested that a new plastic be sent to Mr. [redacted] via FedEx with a signature required. The EMV plastic should be delivered to Mr. [redacted] within a matter of days if it hasn’t been delivered already.

Merrick does not report accounts as late until the next statement for the account has cycled.  This  is actually 45 days past due when the report is sent.  Merrick will not remove or change the reporting as it is accurate.

Mr. [redacted] opened an account with Merrick in November 2015.  He has used the account for the purchase of goods and services.  Mr. [redacted] has had several months where he has made payments late or the Bank has not received a payment on the account.  Specifically in March and April...

2017, no payments were received on the account. This caused fees to be assessed to the account. The last payment received was the February 21, 2017 payment in the amount of $70.00.   If Mr. [redacted] believes there are payments that have been received but not credited to his account he will need to provide a copy of the front and back of the cashed payment instrument so that Merrick can investigate those payments.  Mr. [redacted] can fax those copies to us at 801-545-6395.    If Mr. [redacted] is having difficulty making payments on the account he can contact us at 800-253-2322 and discuss payment plan options to bring the account current.

Ms. [redacted] opened the account with Merrick in June 2015 and has used the account for the purchase of goods and services.  The account became delinquent in December 2016.  On January 6, 2017 Ms. [redacted] contacted Merrick and requested assistance on the account.  The representative who...

spoke to her offered a temporary payment program.  Under that program her interest rate would be reduced to 6% for the life of the repayment program.  The amount of the payment would be $24.00 after an initial $50.00 payment.  Late fees would be reduced to $10.00 for each payment that was received after the due date.  The plan began in February 2017 and lasts for 6 months.   Merrick has investigated the credit reporting on Ms. [redacted]’s account and have updated it to reflect paid as agreed under the payment program.  Ms. [redacted] should see the update to her credit report within 30 days of this response.