Who is responsible for delayed credit card payment caused by tampered mail?

Question

My AMEX payment of $2,920 was due in full on Monday, July 9. So, on June 26, I mailed out a check for $3,000.

However, on Saturday, July 7 it was returned to my home. The top and bottom of the envelope were cleanly slit open and the check and payment stub were stapled 6 times to the envelope.

The postmaster wrote a note on the envelope stating that the letter could not be mailed in this condition.

I went to the PO first thing on Monday and told the manager someone had tampered with my mail and as a result, my payment arrived to AMEX late and I was charged a late fee of $90 (2.99%).

He denied it even though I put my mail directly in the blue postal boxes. Are they responsible or is asking them to pay the $90 too much. Also, on Monday I told him my payment was due and asked him to overnight it as a curosity...he refused.

Answer 1

PO is not liable ... Act of Congress says so.

What I suggest is calling your AmEx provider. Then send them the damaged envelope and check exactly the way you got it back from the PO. Maybe they'll understand and waive the late payment.

A few states have solved this for you and passed a law making the PO the agent of the credit card firm. You'll have to discover if this is so in your state for yourself [since you didn't tell us where you live].


GL

Answer 2

You get to pay. Post Office could care less. Maybe next time you spend $10.00 over nighting your payment or doing it online.