Cyberrebate Claim Resources thread

[leenga]

I too used MyPoints Mastercard. Once I heard of the bankruptcy, I immediately sent them a letter. To anyone waiting on dispute forms, you don't really need them. Read the Billing Rights Summary on the back of your statement. You can simply just write them a letter with the appropriate information and send it to their billing inquiries address. This is what I did.

You can also try filing a complaint with the following agencies.
Federal Trade Commission Online Consumer Complaint Form:
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New York State Attorney General:
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Your state attorney general (you can find links here):
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The Better Business Bureau [Only registered and activated users can see links. Either login above or Register Now]
Mail Fraud [Only registered and activated users can see links. Either login above or Register Now]

here is a link I found where people who have lost are posting their experiences and also posting how much they have lost to try to get to some grand total. A lot of good info about specific credit card companies and tips on filling out dispute forms. [Only registered and activated users can see links. Either login above or Register Now]

CyberRebate bankruptcy group:
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CyberRebate.com Bankruptcy Filing
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For future reference: - "Proof of Claim" forms can be obtained from any bankruptcy court or most stationery stores. The form and instructions are also available for printing online through the Federal Judiciary homepage at [Only registered and activated users can see links. Either login above or Register Now]

official statement from the NYState Atty General
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[Only registered and activated users can see links. Either login above or Register Now] Article by Brian Livingston including this coment: " A spokeswoman for American Express, Judy Tenzer, said in an interview that the giant credit card company "will take on the responsibility and make sure our customers are not liable" in cases of bankruptcy like CyberRebate's."

[leenga]

Got this from another site
Thanks Ruth at BBS

credit card disputes - "claims and defenses"
This is from the California Attorney General's website:

If your credit card company is denying your dispute because: (1) it's been over 60 days since you received the statement with the charge on it, or (2) CyberRebate has gone bankrupt, you have another dispute option called "claims and defenses".

Usually you can't use this claim unless the business is within 100 miles of your home, but here in California they consider phone and mail-order sales (and presumably internet sales) as occurring in your home not in the state where the business is located (federal law states that where the agreement is reached depends on state law so check with your state).

The loss MUST be over $50 and you can't make this claim if you've already paid off the disputed amount. But you can make a partial claim if you've only paid a portion of the disputed amount. Before notifying your bank, you must make a good faith effort to obtain a refund or credit from the merchant. A letter, documented telephone call, or signing a notice of rescission (cancellation) would suffice. Most cancellations are made because of merchant misrepresentations.

Your letter asserting a "claims and defenses" basis for a chargeback may be handled by a customer service representative who is poorly trained. In some instances, we have heard of denials of valid claims and defenses which otherwise meet all of the requirements on grounds that the letter was not received within 60 days, the merchant has filed for bankruptcy, or the merchant bank refuses to pay back the card-issuing bank because the time limits regulating dealings between the banks under Visa or Mastercard regulations have expired. NONE OF THESE ARE PROPER OR LEGAL GROUNDS FOR DENYING A VALID CLAIM FOR A CHARGEBACK UNDER THE "CLAIMS AND DEFENSES" CATEGORY

Ruth

[leenga]

Thanks again to Ruth at BBS

Does anyone know how we can write off the Cyberebate loss from the tax??
There are different tax rules for "non-business" bad debts—ones that don’t qualify as business expenses. A bad debt in your personal life can still produce a tax benefit, but under the much more restrictive short-term capital loss rules for individuals. Generally, this means that a bad debt can be claimed on your personal tax return first to offset any capital gains on investments—and then up to another $3,000 max to offset your "ordinary" income from earnings.

To claim a non-business bad debt deduction, file Schedule D, Capital Gains and Losses, with your tax return. To take the loss, you have to attach a statement to your tax return stating why you decided the debt was worthless. If the debtor is bankrupt or dead, it’s inarguable. Be ready to show the IRS you made some written efforts to try to collect on it. You have to claim this loss on your 2001 tax return.

[leenga]

Originally posted by andreame70
I can search databases of court documents through a company that I am a member of. I have come across some interesting info here that may help some of you. I am going to cut and paste it directly from the New York Eastern District Bankruptcy Court's website. I would give you the link directly to view this but this service of being able to view these documents is not free and is usually reserved for attorneys and court officials. I hope that this is able to help some of you, if nothing else it offers contacts you may want to reach with questions (such as CyberRebates attorney handling the case.)


Full Case Summary

01-16534 In re: CyberRebate.com Inc
Case type: bk Chapter: 11 Asset: y Vol: v Judge: Carla E Craig

Office: Brooklyn Fee: p Joint: n Reopen: 0 Reopen date: **/**/**
Filed: 05/16/01 Term: **/**/** Reterm: **/**/**
Disp: County: 36059
Flags:
Discharged: **/**/** Status: Awaiting First Meeting
Party: 1 : CyberRebate.com Inc (db)
Atty: Ruskin Moscou Evans & Faltischek (516) (248-9500) Represents party 1: db

Incomplete Filings/Missing Documents: Statement-Local Rule 1073-2(b) (Due Within 48 Hours), Summary Of Schedules (Due Within 15 days), Schedule A (Due Within 15 days), Schedule B (Due Within 15 days), Schedule C (Due Within 15 days), Schedule D (Due Within 15 days), Schedule E (Due Within 15 days), Schedule F (Due Within 15 days), Schedule G (Due Within 15 days), Schedule H (Due Within 15 days), Declaration of Corporation or Partnership (Due Within 15 days), Declaration Concerning Debtor's Schedule (Due Within 15 days), Statement of Financial Affairs (Due Within 15 days),

Voluntary Petition. , Disclosure statement due 9/13/01 Chapter 11 Plan due 9/13/01 ( Filing Fee $830.00 Receipt # 205664)

Order fixing hearing on [4-1] Motion Authorizing debtor to adopt a key employee retention program by CyberRebate.com Inc schd For 10:30 5/24/01 at Rm. 451, Brooklyn


Order fixing hearing on [7-1] Motion Deeming Utility Companies Adequately Assured of future performance by CyberRebate.com Inc schd For 10:30 5/24/01 at Rm. 451, Brooklyn

Order fixing hearing on [9-1] Motion Authorizing payment of wages, salaries and other compensation, employee medical and workers' compensation benefits by CyberRebate.com Inc schd For 10:30 5/24/01 at Rm. 451, Brooklyn

Order fixing hearing on [11-1] Motion To extend time to file schedules by CyberRebate.com Inc schd For 10:30 5/24/01 at Rm. 451, Brooklyn

Attorneys for case 01-16534
Ruskin Moscou Evans & Faltischek
170 Old Country Road
Mineola, NY 11501
(516) 248-9500
Assigned: 05/16/01

CyberRebate.com Inc
70 East Sunrise Highway
Valley Stream, NY 11580
Tax id: 11-3447645
(db)
Added: 05/16/01

Aliases for CyberRebate.com Inc
ERG Corp
(fka)
**********************************************************

Ok Guys, this is all of the info that has been entered so far in the Eastern District of NY's Bankruptcy Court files concerning CyberRebate. It will be updated every day so if I see anything else that I think can help you then I will pass it along.

Also, for any of you that want to try and contact the Bankruptcy Court there in NY's Eastern District with questions the number is 1(800)263-7790.

I hope this helps a few of you!

Andrea

[Ithaca89]

I don't know if this helps anyone's case, but I have a confirmation email from an order I placed on May 15th - the day before they went bankrupt. It never made it to my credit card but it seems to be proof that they gave no indication of any potential problems until they filed bankruptcy.

[mrsarkar]

Very good Ithaca! Keep it safe, and print it out.

[leenga]

Credit Card results all in one place

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[Ithaca89]

We're in good company. Even some Harvard students got taken by Cyberrebate.

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[goomee]

They essentially said it was my problem with Cyberrebate and that they looked at it as a discount and would offer no help.

Close all of your MBNA accounts ASAP.

[mrsarkar]

goomee, did you visit the poll about cc co relationships posted in general Chit Chat?

Originally posted by goomee
They essentially said it was my problem with Cyberrebate and that they looked at it as a discount and would offer no help.

Close all of your MBNA accounts ASAP.

[marciarenee]

I tried to look at [Only registered and activated users can see links. Either login above or Register Now] for Harvards students inputs on this Cyberrebate fall but couldn't get into the page. Could you re-post the address or give another way to get to it please??

[Ithaca89]

Originally posted by marciarenee
I tried to look at [Only registered and activated users can see links. Either login above or Register Now] for Harvards students inputs on this Cyberrebate fall but couldn't get into the page. Could you re-post the address or give another way to get to it please??

They didn't have too much to say that hasn't already been said but here's a different link that should work:
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[marciarenee]

Please disreguard last requset on harvard address. I re-booted my computer and then it let me in....

[SSefscik]

I used a web certificate I obtained thru Free Ride to purchase my last order from CyberRebate. It was for $28.99, so its not a great amount. I just wrote to Web Certificate's Customer Service and will report back what they say. They have been excellent in the past, very helpful.
I rather feel like the dot coms are having very difficult times. The current recession is hitting everyone very hard.

[marciarenee]

Was glad to hear that Ithaca 89 has a copy of the e-mail conformation from CR. (placed on May 15) I think we all will have to work together to provide each other documentation and information on this CR issue.

A most helpful site was [Only registered and activated users can see links. Either login above or Register Now]


If there are any FLEET CARD members out there, I should would like to here what they have to say.

Anyone know anything about the State of Oregon Federal Laws on credit card/fraud rights? I tried looking it up but no answers yet. I am still searching.