I received the last statement for my JC Penney credit card in Dec 07. The account was paid in full at that time. I do not remember using the card since that billing cycle in Dec. I rarely use the card - maybe 1-2 times per year. I only opened it when a JC Penney's store opened close to my rural home. Otherwise I never shopped there because the stores were too far away.
Sunday Sept 14th at 10;15 am I received a call from a collection agency that my account has been turned over to collections for non-payment.
I have no idea what the charges are for and never received a statement from JCP. I only receive statements when I actually use the card, and had no reason to be expecting one. So was never aware of these charges.
Sometime after that last statement in Dec that was sent the correct mailing address - JCP changed my mailing address without my authorization - virtually guaranteeing that I will never receive anything via regular mail from them again.
When the account went into default - No attempt was made by JC Penney's to let me know by phone there was a problem with the account.
The first I was aware that there were outstanding charges was when the collection agency called.
The collection agency told me they had received from JCP my street address as my mailing address, NOT the PO Box I provided when I opened the account and where they had sent everything prior to this incident.
I also called JC Penneys and they also have my street address as my mailing address. No one will tell me why the address was changed in my account records. JCPenney claims they no longer have any of my files.
Per the Fair Credit Billing Act JCPenneys is at fault. The rules state "failure to send bills to your current address" makes it their fault. My mailing address never changed - so there was no VALID reason for the change in the first place.
I have received all mail to a PO Box for the last 14 years as I live in a rural area and we do not receive home delivery from the US Postal Service.
If you have a mailing address that is different from your street address - it could happen to you. This is the third creditor to make this unauthorized change to my mailing address.
I could use the assistance of an attorney knowledgable in Fair Credit billing laws. I can find lots of attorneys who will help with Debt Collection law issues, but no luck finding anyone who knows fair credit billing laws.
They are 2 different things.
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