Merrick Bank Corporation

Merrick’s records show that Ms. [redacted] opened a credit card account with Merrick on [date]. Ms. [redacted] used the account to purchase goods and services until it became delinquent August 2015. The date of first delinquency determines how long an account will be reported by the consumer reporting...

agencies. Derogatory reports can remain on a file at the consumer reporting agencies for 7-11 years after the date of first delinquency.  Merrick has responded to several disputes Ms. [redacted] submitted through the consumer reporting agencies. The status of the account as reported is correct and accurate according to Merrick’s records and will not be deleted or modified. To do so would be a violation of the Fair Credit Reporting Act. I have attached redacted copies of the application and statements for the account.

Mr. [redacted] opened an account in December 2013.  I reviewed 3 calls that Mr. [redacted] made to Merrick regarding the replacement card he originally requested in July 2017 that was sent but not received by Mr. [redacted].  In a call on September 1, 2017 Mr. [redacted] explained that he had never...

received the replacement card requested in July 2017 but really did not need it at the present time.  He indicated during that call he just wanted to pay down the balance.  No request for a card was made during that call.    Two calls Mr. [redacted] made to Merrick in October 2017 did concern a request for a replacement card.  The first call on October 4, 2017 was to obtain a replacement card, and during the call Mr. [redacted] asked how the mailing of the card could be tracked. The representative explained that the only way to do that was to send it in an expedited fashion for which there was a fee of $29.00. During the call Mr. [redacted] asked to have the card sent to an alternative address which he gave to the representative. The representative asked him several identifying questions before agreeing to send the card to the alternative address. Mr. [redacted] requested the expedited service.  Mr. [redacted] called Merrick again on October 6, 2017 regarding the card and stated he had not received it and wanted to find out if it had been sent to him. The representative explained the card had not been sent because Mr. [redacted] had requested that it go to an address other than the address on his account. Notwithstanding Mr. [redacted]’s providing verifying information on the October 4 call, the representative told Mr. [redacted] he would need to provide certain documentation before the card could be sent. The first representative did not make the proper notes on the account to indicate that they had already run the necessary confirmation of identity check when Mr. [redacted] called on October 4.  This caused an additional delay in the delivery of the requested replacement card.   Due to the nature of this issue and the problems Mr. [redacted] continued to have concerning the replacement card, I requested a card be sent to him via Fed-Ex on December 14, 2017.  Mr. [redacted] received the card and activated it on December 17, 2017.  Merrick apologizes for the issues Mr. [redacted] had while requesting a replacement card for his account. As a courtesy Merrick has also waived the $29.00 fee he paid to have the card sent to him in October.  He will see this adjustment on his next statement.

Ms. [redacted] opened an account with Merrick in April 2016 and has used the account for the purchase of goods and services. The due date on the account was the 16th of each month it was changed to the 28th in August 2017. In the months of April, May and October the payments on the account was received...

after the due date.  The table below shows the history of payments and the posting to the account.   Payment Due Date Payment Received Date Minimum Payment Due ($) Payment Amount Received ($) Late Fee Assessed ($) April 16, 2017 April 19, 0217 35.00 247.96 27.00-waived May 16, 2017 May 18, 2017 38.00 252.06 38.00- waived June 16, 2017 June 15, 2017 48.00 275.95 0.00 July 16,2017 July 9 2017 35.00 227.95 0.00 August 28, 2017 August 18 2017 35.00 286.82 0.00 September 28, 2017 September 15 2017 35.00 355.71 0.00 October 28, 2017 October 30 2017 35.00 344.82 35.00 November 28, 2017 n/a 50.00   0.00     I reviewed 5 calls made by Ms. [redacted] in June and November 2017, regarding the payment posting and fees charged to the account.  On several of the calls the representatives who spoke to her attempted to explain that there were delays at the post office in Texas and that was the reason for the delay in posting.  Ms. [redacted] was unwilling to accept that information and protested the late fees. The April and May late fees were waived per her request. It is Merrick’s policy to waive one late fee in a twelve-month period, but Merrick waived an additional late fee at Ms. [redacted]’s request as an exception to that policy. I have requested that the late fee from October be waived as a courtesy but the account will not be eligible for any additional fee waivers for twelve months.   Merrick is obligated by law to post payments when it receives them (not when they are sent), and it is Merrick’s policy and practice to post payments to accounts as of the date they are received. Merrick has found that the US Postal Service is frequently slower than our cardholders expect when delivering payments to our processing center. Merrick performs recurring periodic audits of our payment processor and these audits have shown that delivery times by the USPS vary significantly and unpredictably.   Rather than making payments by mail, Ms. [redacted] may want to consider the following payment options that Merrick offers free of charge.  She may schedule one-time or recurring payments 24 hours a day, 7 days per week:   ·         Phone – Call 1-800-253-2322 to make a payment through our automated system ·         Online – visit www.merrickbank.com/cardholdercenter to make a one-time payment or setup recurring payments   She can also have payments expedited by using the following options. Keep in mind a fee may apply with these options:   ·         Money Gram – visit www.moneygram.com and use Receiver code 1585 ·         Western Union Quick Collect – input Merrickbank, NY as the ‘Code City’ ·         Phone - Call 1-800-253-2322 to make a payment with an associate ·         Overnight Mail – send to Merrick, Merrick Bank Attn: Lockbox Operations #660702           2701 East Grauwyler Rd., BLDG 1, Irving, TX 75061

Ms. [redacted] opened an account with Merrick in February 2012 and has used the account for the purchase of goods and services.  The method Merrick uses to calculate interest is described in the cardholder agreement Ms. [redacted] received when the account was opened.  Section 5 of that agreement...

sets forth how interest is calculated. In part, this section states (emphasis added):   We use the Average Daily Balance method (including new transactions) to calculate interest on your Account. The Average Daily Balances for Purchases and Cash Advances are calculated separately...   Section 7 also addresses interest accrual and states:   7. How to Avoid Paying Interest on New Purchases. You will not be charged interest on new Purchases during a Billing Cycle if you paid the entire New Balance, if any, shown on the Billing Statement on or before the Payment Due Date.   Ms. [redacted]’s July 2017 statement showed a New Balance of $2,488.28. In order to avoid paying interest that accrued on the balance between the last day of the statement cycle and the payment due date (August 12, 2017 in the case of the July 2017 statement), Ms. [redacted] needed to pay the full amount due by the Payment Due Date of August 12, 2017. As reflected on the August 2017 statement, Ms. [redacted] made a payment of $89.00 on August 12, another payment of $10.00 on August 16, and another payment of $2,389.28 on August 17. Because the full balance was not received by the Payment Due Date, interest was billed on the unpaid balance. There is also a $4.00 fee that represents 1/12 of the annual fee ($48) for the card. After a discussion with a Merrick representative on August 22, 2017, Ms. [redacted] paid the remaining balance on the account.  The account had a zero balance owing on it as of that date.

Complaint: [redacted]
I am rejecting this response because:Merrick took the same inefficient sloppy attitude to my complaint as the reps who answer the phone namely that if they bothered they would have seen that the password was changed by the rep to W12% and it did not work. What could be more useless than a rep who can't even give a password that works. I most definitely would welcome another way to access the site as it is my firm belief after logging into literally hundreds of sites that Merrick has intentionally made the site difficult in order to collect extra late fees when customers can't log in.  Not being paid to get online help is fine but not being paid to have a rep who has so little training that they can't even find a solution so simple as logging into the site their work for and this is just not acceptable.
Sincerely,
[redacted]

Complaint: [redacted]
I am rejecting this response because: I called your staff on October 28 th or 29 th 2017! Your people did not do as I asked of him! I asked him to place my payment on November 04`and December 04 2017, He did not I called and spoke to one of your office mangers on Friday 16, 2018 he never called me back. Why don't you read the recordings on October and you will see I am right. Your recordings right for kept for Life. The guy in October s still working at your bank. I called and spoke to him Friday review your recordings. Thank you.
Sincerely,
[redacted]

Merrick Bank records reflect Ms. [redacted] opened the credit card account in December 2013.  Ms. [redacted] used the account to purchase goods and services until it became delinquent, in July 2015. The credit card account was charged off for nonpayment in January 2016.   Ms. [redacted] submitted...

the credit card application to Merrick Bank via the Internet. In accordance with the Electronic Signatures in Global and National Commerce (E-SIGN) Act, an electronically submitted signature, contract, or other record relating to such transaction is valid and enforceable and may not be denied legal validity solely because an electronic signature or electronic record was used in its formation.   Merrick Bank has received and responded to several credit bureau disputes submitted by Ms. [redacted]. The Fair Credit Reporting Act requires that, as a furnisher of information to consumer reporting agencies, we report complete and accurate information regarding a consumer’s account history. We have reviewed the account and determined that the information reported to the consumer reporting agencies is complete and accurate as of the date(s) we furnished it. Without additional facts, we are therefore unable to change the reporting.

A review of the account opened by [redacted] was conducted.  On October 20, 2008 a Hooters MasterCard account was opened and it was used for the purchase of goods and services until it became delinquent and charged off for nonpayment in January 2013.
If Mr. [redacted] believes that...

someone else opened this account in his name he will need to file a police report and fill out the attached identity theft affidavit.  Mr. [redacted] will need to return both of those documents to Merrick Bank to the attention of the Fraud Department at PO Box 5000, Draper, UT 84020.
Once Merrick has received this information an investigation will be conducted.  When the investigation is completed Mr. [redacted] will be informed of the outcome.  If the investigation discovers that the claim is valid the trade line for the account will be deleted.
I have attached the affidavit and a copy of the application for the account.

Ms. [redacted] can contact us to discuss her account and find out what options are available to her regarding the account balance.  A hold on releasing the available credit line does not mean the payment is not posted.  All payments are posted but pursuant to the cardholder agreement Merrick will delay releasing the available credit line to be used by the account holder.  This is what the representative was explaining to Ms. [redacted].

Complaint: [redacted]
I am rejecting this response because: i've already been charged this fee, and since It took to long to receive, I won't be able to receive my funds back. 
Sincerely,
[redacted]

Complaint: [redacted]
I am rejecting this response because:
The debt increased by less than 65.00, which was not provided in any type of correspondence of this alleged debt. In addition, on this debt that was charged off as a loss, it was coded on my report as a "missed payment." This was not a missed payment. There was no correspondence sent. I would like this charged off account removed from my report. It violates ethical practices.
Sincerely,
[redacted]

Mr. [redacted] opened an account with Merrick in December 2016.  On December 27, 2016 Mr. [redacted] contacted Merrick and told the representative that he had never received the card associated with the account. The representative told Mr. [redacted] that a new card would be sent to him and verified...

the address.  On January 18, 2017 Mr. [redacted] called again and told the representative that he had still not received a card for the account.   According to the account history the account was never used for any purchases or services. The balance of the account was the annual fee and interest.  On January 23, 2017 Mr. [redacted] contacted Merrick again after receiving a statement on the account.  The representative who spoke to him closed the account at his request and waived the balance owing on the account in the amount of $49.06.  The account now has a zero balance and shows as closed.  Merrick apologizes that Mr. [redacted] did not have a positive experience with his Merrick account.

Ms. [redacted] opened an account with Merrick in October 2016 and has used the account for the purchase of goods and services. The due date on the account is the 16th of each month. The account was assessed two late fee which have been waived.   Beginning in October 2017 payments for the account...

have been received after the due date or for less than the minimum payment due on the account. Beginning in November 2017 Ms. [redacted] entered into a payment plan to bring the account current. She made 3 on time payments in December, January and February and therefore the account was considered current.  We removed the remaining past due amount owed and reported the account as current to the reporting agencies.     Merrick is obligated by law to post payments when it receives them (not when they are sent), and it is Merrick’s policy and practice to post payments to accounts as of the date they are received. Merrick has found that the US Postal Service is frequently slower than our cardholders expect when delivering payments to our processing center. Merrick performs recurring periodic audits of our payment processor and these audits have shown that delivery times by the USPS vary significantly and unpredictably.

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

included a copy of the cardholder agreement and the attendant pricing appendix applicable to Mr. [redacted]’s account for your review. Under those terms the first year annual fee of $48.00 is assessed at the time the card is issued, and subsequent annual fees are billed 1/12 monthly for $4.00. These terms were fully disclosed in compliance with applicable laws, and the use of the account and the credit line associated constitute acceptance of those terms.

Merrick’s records show that Mr. [redacted] opened an account in October 2012 and used the account for the purchase of goods and services.   A thorough search of Merrick’s records shows that Merrick sent Mr. [redacted] a debt validation letter in February 2016. Merrick has also responded to 4 credit...

bureau disputes sent by Mr. [redacted] on the account.   The current status of the account is charged-off for non-payment. The balance owing on the account is $812.13. If Mr. [redacted] wishes to find out what options are available to pay the balance of the account he can contact the current collection agency, FBCS at 866-594-8640.   The status of the account as reported is correct and accurate according to Merrick’s records and will not be deleted or modified.  To do so would be a violation of the Fair Credit Reporting Act. If Mr. [redacted] settles the account, the credit reporting will be updated to reflect that settlement. I have attached several account documents as validation of this debt.

A review of Ms. [redacted]’s account was conducted.  Ms. [redacted] opened an account with Merrick in July 2015 and has use the account for the purchase of goods and services.  The payment on the account is due on the 27th of the month.  The minimum payment due must be received on or before the...

due date. 
The cardholder agreement that governs the account sets forth how payments must be made.  In section 3 of that agreement it states as follows:
You must pay us in US Dollars, with a check, draft or money order drawn on a United States bank or the United States Postal Service, or through an automated clearing house acceptable to us in our sole discretion.
Ms. [redacted] can make payments on line using a checking or savings account. She can call the VRU and make payments over the phone using a checking or savings account.  She can mail payments to us using a money order or check through the US postal service.  She can also use Western Union or MoneyGram to send us payments.
The card associations, Visa, MasterCard and Discover prohibit payment made to one credit card with another credit card. This is an industry wide prohibition that does not allow anyone to make a credit card payment using a different credit card.  Merrick’s policy does not accept payment with a debit or a pre-paid card for its accounts. 
If Ms. [redacted] wishes to discuss her account and the way available to make payments she can contact us at ###-###-#### and we will be happy to assist her.

As stated Ms. [redacted] can have the account removed if she send in the requested information.

Merrick has replied to this issue with all of the information available in the account history and through the audits it has conducted on the mail delivery at the Dallas location.  There is no further information or reply that Merrick has to this matter.  We have accommodated the request for the late fee waiver and provided alternate methods to make payments.

Merrick does not give on demand credits or credit line increases.  We apologize that you felt you did not receive the kind of service you expected.

Merrick Bank cannot find any account under Mr. [redacted]'s name as the owner or authorized user.  Mr. [redacted] will need to provide an account number and the name of the account holder for further research.  Merrick's records do not indicate any credit reporting being submitted under...

the name of [redacted].