New York State Office of the Attorney General Complaint - False charge due to delayed payment
POUGHKEEPSIE, NEW YORK -- As a consumer from your state, I felt it was my responsibility to bring to your attention the following incident.
I purchased water softener and drinking system from Culligan company on Feb 2005 and got a “1 YEAR SAME AS CASH” finance promotion for about $2700 through Culligan Finance Company (A division of Aqua Finance Inc.). I paid minimum payment every month for 11 months without any delay and finally sent the last payment of $2,032.49 on last Feb 2 through the on-line bill payment of my bank Hudson United Bank to meet the last payment due date Feb 12. The money was withdrawn from my account on Feb 6 and the bank said the check was actually sent out on Feb 3. However, the Culligan Finance said it has been arrived on Feb 13, the next date of the due date and charged me $423.87 of accrued interest for one year. My bank and I contacted to Calligan Finance Company and showed them the cleared check saying that it was written on Feb 4 but they wouldn’t consider it and keep asking me to pay the interest due the payment delay. I feel very bad about this problem and the Culligan Finance Company looks very greedy. I know I can not complain to US postal service about delayed mail because they don’t guarantee that delivery date for regular mail. I thought Feb 3 is early enough because normal delivery of first-class mail can be done within 3 days. And this is true for my previous payments to this company. How can it be delivered for 11 days ? Unfortunately, the last payment due date (Feb 12) was Sunday when mails are not delivered. I asked Culligan Finance Company to consider this but they don’t care about it. Finally they waived $123.87 and want me to pay $300 until the end of this month. But I think $300 is still false charge and, I’d like to take any action to avoid paying it. I even suspect that the Culligan Finance Company held my check on purpose to charge me the large amount of interest. Please let me know whom I have to complain about this and how I can do it.
As a resolution, I would like the following:
I want to take any legal action if I can avoid this false charge or reduce some of them.
Please contact me if you need more details regarding this incident.