January 26, 2008

Bank of America
FIA Card Services
P.O. Box 15026
Wilmington, DE 19850-5026

Dear Sirs:

Re: Mistaken charges on AAA Credit Card No. 5490 9962 9256 7901, Card Holder Victor M. Ponce

This letter is in regard to two mistaken charges for U.S.$ 986.92 and U.S.$ 1,409.34 on my AAA credit card No. 5490996292567901.

These are the facts as they are known to me:

  1. On November 21, 2007, I purchased three airline tickets from Aeromexico, in Tijuana, Baja California, Mexico.

    The tickets were for $ 10,763.28, $ 10,763.28 and $4,606.81 Mexican pesos, for a total amount of $ 26,133.37 Mexican pesos.

    The total amount, $26,133.37 was converted to U.S. dollars, and posted on November 23, 2007, as the amount of U.S. $ 2,374.96. To this was added a valid charge for the foreign transaction fee of U.S. $ 47.49.

  2. Other two charges were mistakenly posted to my account on December 4, 2007.

    These charges are for $10,763.28 and $15,370.09 Mexican pesos, which together add up to the same amount that was posted on 11/23, that is, $26,133.37 Mexican pesos.

    These charges were converted to U.S. dollars as U.S. $ 986.92 and U.S. $ 1,409.34, respectively. Two foreign transaction fees in the amount of U.S. $ 19.73 and U.S. $ 28.18 were added.

  3. As soon as I found out about this obvious mistake, I contacted the issuing bank (Bank of America) on or about December 18, 2008. The bank assured me that they would take care of this matter expeditiously.

  4. I went on vacation overseas, and was unavailable to read my mail or to act on this matter, from December 22, 2007 to January 22, 2008 (the travel for which the tickets were purchased).

  5. On December 27, 2007, FIA Card Services mailed me a request for more information. I did not reply to this request because I was out of the country at the time.

  6. On January 16, 2008, FIA Card Services mailed me a letter stating that since I had not answered in a timely fashion, that they were disallowing the credit, and suggested that I resolve the problem directly with the merchant.

  7. On January 26, 2008, I discussed the issue with the merchant in Tijuana, Baja California, Mexico, shortly after coming back from overseas. The merchant stated that they have received only one payment for $26,133.37 Mexican Pesos (the full amount of the three tickets) on or about November 23, 2007, as shown on my bankcard statement. The merchant specifically stated that they have not received the other two payments posted on December 6, 2008 (see item 2 above).

On this basis, I request that Bank of America pursue this issue directly with the merchant, Aeromexico, and proceed to credit my account permanently for the amounts of $986.92, $19.73, $1,409.34, and $28.18, for a total of $ 2,444.17. In the meantime, these amounts should be considered under dispute.

Sincerely yours,

Victor M. Ponce