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 Posted: Wed Apr 30, 2008 12:48 pm
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yes, absolutely contact the pdl
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Posted: Wed Apr 30, 2008 12:49 pm
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sorry...copy them on all contact as well
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Posted: Wed Apr 30, 2008 12:55 pm
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Regarding Intercept, get the email address for their processing department. Can you craft an email similar to the one created in this post? substitute InterceptEFT for any different processor names and remove any non-applicable references to particular states. However, include any supporting relevant law that may tie them to potential illegal lending. If the lender shows no license, be certain to point that out
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Posted: Wed Apr 30, 2008 12:57 pm
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| Code: | | Regarding Intercept, get the email address for their processing department. Can you craft an email similar to the one created in this post? substitute InterceptEFT for any different processor names and remove any non-applicable references to particular states. However, include any supporting relevant law that may tie them to potential illegal lending. If the lender shows no license, be certain to point that out |
James, I wish you would post under your name! You're confusing the heck outta me!  Anyway, I see there are a few more steps involved using this method than I originally thought. I am still standing by, attempting to learn, as you can see.
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Shazzers
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Posted: Wed Apr 30, 2008 1:00 pm
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i have seen people references james site how do i look at it to obtain info?
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jacks1392003
Joined: 08 Apr 2008
Posts: 68
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Posted: Wed Apr 30, 2008 1:02 pm
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The processors are not appreciating this. That's what you're seeing. Their tune was different last week as many members can attest to. Now, they are getting a lot of calls. I'd like to reference the link to the National System of Fines by NACHA, their governing organization. Could you find it and post it, please. Their position is not valid, it's their way of avoiding this whole mess. We are going to lump in NACHA and see if their opinions don't change
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jeoestreich
Joined: 23 Apr 2008
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Posted: Wed Apr 30, 2008 1:29 pm
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email. need Goudah to help organize. I'm going to start posting laws to reference
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Posted: Wed Apr 30, 2008 1:31 pm
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| Quote: | Electronic Funds Transfer Act
907. Preauthorized transfers
(a) A preauthorized electronic fund transfer from a consumer's account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made. A consumer may stop payment of a preauthorized electronic fund transfer by notifying the financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer. The financial institution may require written confirmation to be provided to it within fourteen days of an oral notification if, when the oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent.
(b) In the case of preauthorized transfers from a consumer's account to the same person which may vary in amount, the financial institution or designated payee shall, prior to each transfer, provide reasonable advance notice to the consumer, in accordance with regulations of the Board, of the amount to be transferred and the scheduled date of the transfer.
[Codified to 15 U.S.C. 1693e]
[Source: Section 907 of title IX of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by title XX of the Act of November 10, 1978 (Pub. L. No. 95-630; 92 Stat. 3733), effective May 10, 1980] |
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Posted: Wed Apr 30, 2008 1:32 pm
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Violate them on A or B...take your pick
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Posted: Wed Apr 30, 2008 1:33 pm
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| Quote: | 910. Liability of financial institutions
(a) Subject to subsections (b) and (c), a financial institution shall be liable to a consumer for all damages proximately caused by--
(1) the financial institution's failure to make an electronic fund transfer, in accordance with the terms and conditions of an account, in the correct amount or in a timely manner when properly instructed to do so by the consumer, except where--
(A) the consumer's account has insufficient funds;
(B) the funds are subject to legal process or other encumbrance restricting such transfer;
(C) such transfer would exceed an established credit limit;
(D) an electronic terminal has insufficient cash to complete the transaction; or
(E) as otherwise provided in regulations of the Board;
(2) the financial institution's failure to make an electronic fund transfer due to insufficient funds when the financial institution failed to credit, in accordance with the terms and conditions of an account, a deposit of funds to the consumer's account which would have provided sufficient funds to make the transfer, and
(3) the financial institution's failure to stop payment of a preauthorized transfer from a consumer's account when instructed to do so in accordance with the terms and conditions of the account.
(b) A financial institution shall not be liable under subsection (a)(1) or (2) if the financial institution shows by a preponderance of the evidence that its action or failure to act resulted from--
(1) an act of God or other circumstance beyond its control, that it exercised reasonable care to prevent such an occurrence, and that it exercised such diligence as the circumstances required; or
(2) a technical malfunction which was known to the consumer at the time he attempted to initiate an electronic fund transfer or, in the case of preauthorized transfer, at the time such transfer should have occurred.
(c) In the case of a failure described in subsection (a) which was not intentional and which resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, the financial institution shall be liable for actual damages proved.
(d) EXCEPTION FOR DAMAGED NOTICES.--If the notice required to be posted pursuant to section 904(d)(3)(B)(i) by an automated teller machine operator has been posted by such operator in compliance with such section and the notice is subsequently removed, damaged, or altered by any person other than the operator of the automated teller machine, the operator shall have no liability under this section for failure to comply with section 904(d)(3)(B)(i).
[Codified to 15 U.S.C. 1693h]
[Source: Section 910 of title IX of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by title XX of the Act of November 10, 1978 (Pub. L. No. 95-630; 92 Stat. 3735), effective May 10, 1980; as amended by section 705 of title VII of the Act of November 12, 1999 (Pub. L. No. 106-102; 113 Stat. 1465), effective November 12, 1999] |
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Posted: Wed Apr 30, 2008 1:36 pm
Latest Blog Post : http://jeoestreich.yesdebtfree.org |
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So if they are suppose to comeout of Friday, I am going to be to late I suppose to stop the transaction.
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jeoestreich
Joined: 23 Apr 2008
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Posted: Wed Apr 30, 2008 1:53 pm
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So if I call ACH Commerce and Intercept EFT and look into what pdl co. they process for, they would be able to tell me which ones and if so I can let them know that I have revoked their auth. to debit this account and they(5 out of 10) made me aware through threats that they would continue to debit this account closed or not-which we know why- so they could continue to tack on nsf fees. Has anyone came up with any other processor companies?
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kolodin616
Joined: 07 Mar 2008
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Posted: Wed Apr 30, 2008 2:04 pm
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Also:
| Quote: |
§ 913. Compulsory use of electronic fund transfers
No person may--
(1) condition the extension of credit to a consumer on such consumer's repayment by means of preauthorized electronic fund transfers; or
(2) require a consumer to establish an account for receipt of electronic fund transfers with a particular financial institution as a condition of employment or receipt of a government benefit.
[Codified to 15 U.S.C. 1693k]
[Source: Section 913 of title IX of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by title XX of the Act of November 10, 1978 (Pub. L. No. 95-630; 92 Stat. 3737), effective May 10, 1980] |
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goudah2424
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Posted: Wed Apr 30, 2008 2:04 pm
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| Quote: | § 914. Waiver of rights
No writing or other agreement between a consumer and any other person may contain any provision which constitutes a waiver of any right conferred or cause of action created by this title. Nothing in this section prohibits, however, any writing or other agreement which grants to a consumer a more extensive right or remedy or greater protection than contained in this title or a waiver given in settlement of a dispute or action.
[Codified to 15 U.S.C. 1693l]
[Source: Section 914 of title IX of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by title XX of the Act of November 10, 1978 (Pub. L. No. 95-630; 92 Stat. 3737), effective May 10, 1980] |
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