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  #17  
Old 07-02-2009, 06:13 AM
bea2ls bea2ls is offline
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i agree, please keep us posted - geneva roth will take out everything you have.
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  #18  
Old 07-02-2009, 06:25 AM
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Well my bank contacted me this morning and they said in order for them to put a stop on Loanpoint they would have to return the deposit that was made on 5/21/09. Um is this correct or not?
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  #19  
Old 07-02-2009, 06:37 AM
bea2ls bea2ls is offline
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i doubt that's correct. did you call corporate yet? is there another branch that you could speak to? perhaps the fraud department? this loan is not legal and this is fraud. i know their office is not much help but perhaps showing that you reported them to the attorney general might help? or department of banking and finance?
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  #20  
Old 07-02-2009, 06:40 AM
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I called and spoke to someone in the fraud department just now and she says she's not familiar with ACH rules and will contact me back. I told her all I simply wanted to do is stop them from going back into my account.
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  #21  
Old 07-02-2009, 06:51 AM
bea2ls bea2ls is offline
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please keep calling until someone listens to you. regardless of if she is familar with ach rules, fraud is fraud and they will clear out your account.. last year, they actually tried to take over 2 grand out of mine for a $300 loan. luckily my bank blocked it. i am not trying to scare you, it is just important for you to keep pushing.
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  #22  
Old 07-02-2009, 07:31 AM
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Your bank is 100% wrong. Please print out the ach banking laws and bring them to the manager at the bank.
You have the right to revoke ach transactions.
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  #23  
Old 07-02-2009, 07:44 AM
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Where can I find the ach banking laws?

I want to thank everyone by the way for being super encouraging and helpful.
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  #24  
Old 07-02-2009, 07:51 AM
resqume1 resqume1 is offline
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Just out of curiosity what bank is this? Its not BofA is it? Also I was'nt really clear from reading your posts but have you tried actually going into the branch and talking to someone in person or are you just calling the callcenter? I would avoid trying to call in and actually go in and talk with them in person if you have'nt done that.
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  #25  
Old 07-02-2009, 07:59 AM
bea2ls bea2ls is offline
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resqume1, good question - my guess was also Bank of America, please let us know!
they really are in the wrong here, 100% wrong. i agree, i would call corporate but i would go in person, perhaps to another branch and keep pushing until they listen. they are wrong, not you.
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  #26  
Old 07-02-2009, 08:04 AM
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Missk84
The laws are on this thread I posted them for you yesterday
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  #27  
Old 07-02-2009, 08:04 AM
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Oops probably should of mentioned which bank it is! I have a credit union bank account. unfortunately i can't just walk into the branch, because my bank is in long island, and I recently moved out to jersey. I've been talking to the main corporate office this whole time! I'm disgusted at how they're treating everything.
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  #28  
Old 07-02-2009, 08:05 AM
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Here they are again
You have the right to revoke ach withdrawls
show this to your branch manager. Its the law
er the Electronic Funds Transfer Act:

Quote:
§ 205.10 Preauthorized transfers.

(a) Preauthorized transfers to consumer's account--(1) Notice by financial institution. When a person initiates preauthorized electronic fund transfers to a consumer's account at least once every 60 days, the account-holding financial institution shall provide notice to the consumer by:
(i) Positive notice. Providing oral or written notice of the transfer within two business days after the transfer occurs; or
(ii) Negative notice. Providing oral or written notice, within two business days after the date on which the transfer was scheduled to occur, that the transfer did not occur; or
(iii) Readily-available telephone line. Providing a readily available telephone line that the consumer may call to determine whether the transfer occurred and disclosing the telephone number on the initial disclosure of account terms and on each periodic statement.
{{10-30-98 p.7369}}
(2) Notice by payor. A financial institution need not provide notice of a transfer if the payor gives the consumer positive notice that the transfer has been initiated.
(3) Crediting. A financial institution that receives a preauthorized transfer of the type described in paragraph (a)(1) of this section shall credit the amount of the transfer as of the date the funds for the transfer are received.
(b) Written authorization for preauthorized transfers from consumer's account. Preauthorized electronic fund transfers from a consumer's account may be authorized only by a writing signed or similarly authenticated by the consumer. The person that obtains the authorization shall provide a copy to the consumer.
(c) Consumer's right to stop payment--(1) Notice. A consumer may stop payment of a preauthorized electronic fund transfer from the consumer's account by notifying the financial institution orally or in writing at least three business days before the scheduled date of the transfer.
(2) Written confirmation. The financial institution may require the consumer to give written confirmation of a stop-payment order within 14 days of an oral notification. An institution that requires written confirmation shall inform the consumer of the requirement and provide the address where confirmation must be sent when the consumer gives the oral notification. An oral stop-payment order ceases to be binding after 14 days if the consumer fails to provide the required written confirmation.
(d) Notice of transfers varying in amount--(1) Notice. When a preauthorized electronic fund transfer from the consumer's accounts will vary in amount from the previous transfer under the same authorization or from the preauthorized amount, the designated payee or the financial institution shall send the consumer written notice of the amount and date of the transfer at least 10 days before the scheduled date of transfer.
(2) Range. The designated payee or the institution shall inform the consumer of the right to receive notice of all varying transfers, but may give the consumer the option of receiving notice only when a transfer falls outside a specified range of amounts or only when a transfer differs from the most recent transfer by more than an agreed-upon amount.
(e) Compulsory use--(1) Credit. No financial institution or other person may condition an extension of credit to a consumer on the consumer's repayment by preauthorized electronic fund transfers, except for credit extended under an overdraft credit plan or extended to maintain a specified minimum balance in the consumer's account.
(2) Employment or government benefit. No financial institution or other person may require a consumer to establish an account for receipt of electronic fund transfers with a particular institution as a condition of employment or receipt of a government benefit.

[Codified to 12 C.F.R. § 205.10]

[Section 205.10 added at 44 Fed. Reg. 59471, October 15, 1979; amended at 45 Fed. Reg. 8265, February 6, 1980, effective May 10, 1980; 61 Fed. Reg. 19672, May 2, 1996]
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  #29  
Old 07-02-2009, 08:07 AM
bea2ls bea2ls is offline
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Even in NY, payday loans are still illegal!! What else could the poster do?? Contact the ACH processor? i know geneva roth's processor is somewhere on this board.. should this bank be reported? i would report them, personally.
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  #30  
Old 07-02-2009, 08:15 AM
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I will def report them if nothing is done. This is ridiculous!
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  #31  
Old 07-02-2009, 08:23 AM
bea2ls bea2ls is offline
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i would seriously report them if this is not finished after this weekend.. perhaps that will motivate them to follow the law. :roll:
this is an outrage, what they are doing is wrong.
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  #32  
Old 07-02-2009, 08:34 AM
desperatelyseekingsanity desperatelyseekingsanity is offline
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I agree...contact the ACH processor...tell them LoanPoint is illegal and is continuing to hit your account.

This topic has been covered many times...try searching using the box above...type in ACH Processors...I know there will be much info you can use....even type in LoanPoint ACH Processor...see what comes up.
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