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Posted: Tue Apr 10, 2007 8:07 am Subject: Can they do this? / Have they done this? |
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This is what it says on DiscountAdvances[dot]com:
| Quote: | | INSUFFICIENT FUNDS. In the event that any transaction, ACH or EFT debit, that you have authorized returns to DiscountAdvances.com for any reason: (1) you agree to pay a returned check charge of $25.00; (2) in the event that we initiate collection activity on your account, you agree to be responsible for collection fees, court costs and fees, and all reasonable attorney fees, and (3) you authorize DiscountAdvances.com to initiate debits to any bank accounts in your name in amounts up to and less than the amount owed until the amount owed is paid in full. |
Have any of you had a new account that you opened debited by them? And CAN THEY REALLY DO THIS?
What should I do? I would hate to wake-up one day, check my account, and see that they have somehow gotten into my new account....
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SarahR

Joined: 05 Apr 2007
Posts: 151
Debtcc Points: 2444
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Posted: Tue Apr 10, 2007 8:09 am Subject: |
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If you want to play it safe, just go to your bank and put a block on this company. Just pay the fee for the block. I guess it is a small price to pay for your sanity waiting for them to hit your new account one day.
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WHEREAMI


Joined: 26 Aug 2006
Posts: 5317
Debtcc Points: 71258
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Posted: Tue Apr 10, 2007 8:11 am Subject: |
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I am just concerned because they go under a million different names -- this doesn't seem like it can be legal -- and how can they debit accounts if they do not have my account number?
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SarahR

Joined: 05 Apr 2007
Posts: 151
Debtcc Points: 2444
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Posted: Tue Apr 10, 2007 8:12 am Subject: |
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Or block all ACH from your account unless you have monthly bills taken out...
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Leah
Debt Samaritan

Joined: 04 Mar 2007
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Posted: Tue Apr 10, 2007 8:13 am Subject: |
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Technically, they can't. I guess, though, by that little sneaky thing, it allows them to hit any account they might find via a skip trace or any other means they use.
_________________ Do, or do not. There is no try.
Stupidity At Light Speed
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jedijeff13
Moderator


Joined: 30 May 2006
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Posted: Tue Apr 10, 2007 8:13 am Subject: |
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Apparently these companies can do searches by SSN of accounts in your name. Just find out if its legal in your state. Is this one of the companies that you've paid more than the legal amount allowed in your state?
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sswett
Debt Samaritan

Joined: 26 Mar 2007
Posts: 414
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Posted: Tue Apr 10, 2007 8:18 am Subject: |
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[quote]Apparently these companies can do searches by SSN of accounts in your name. Just find out if its legal in your state. Is this one of the companies that you've paid more than the legal amount allowed in your state? [quote]
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SarahR

Joined: 05 Apr 2007
Posts: 151
Debtcc Points: 2444
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Posted: Tue Apr 10, 2007 8:19 am Subject: |
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My bank told me they can attempt by using your social security number. I'm lucky enough that my bank doesn't allow this, although they said some banks do, I would check with them.
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WHEREAMI


Joined: 26 Aug 2006
Posts: 5317
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Posted: Tue Apr 10, 2007 8:32 am Subject: |
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I am going to check with my bank about that one --
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SarahR

Joined: 05 Apr 2007
Posts: 151
Debtcc Points: 2444
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Posted: Tue Apr 10, 2007 8:33 am Subject: |
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| Quote: | | Apparently these companies can do searches by SSN of accounts in your name. Just find out if its legal in your state. Is this one of the companies that you've paid more than the legal amount allowed in your state? |
Yes, I paid them more than the legal amount.
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SarahR

Joined: 05 Apr 2007
Posts: 151
Debtcc Points: 2444
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Posted: Tue Apr 10, 2007 8:36 am Subject: |
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Okay, I just checked, and no my bank will not allow someone to ACH my account with a SSN -- they must have the routing number and the actual account number.
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SarahR

Joined: 05 Apr 2007
Posts: 151
Debtcc Points: 2444
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Posted: Tue Apr 10, 2007 8:40 am Subject: |
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I think that even if it DID happen, you could dispute it with the bank and get the money refunded. I think there would be very few banks that would give someone else your account info without a court order. I worked in 2 banks before and we would NEVER give info out to anyone but the account holder.
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Sassnlucy
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Posted: Tue Apr 10, 2007 8:41 am Subject: |
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I would begin to file complaints if you haven't already. Keep track of everything. Being that you've paid them enough, I don't know if they'll even do that....but thats thinking that they are semi-decent...to say the least.
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sswett
Debt Samaritan

Joined: 26 Mar 2007
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Posted: Tue Apr 10, 2007 8:42 am Subject: |
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Sara,everyone here has given great advice. I would add this: They stuck that in your document to get you to agree to it under contract law. Since you as one of the parties do not agree to this contract provision,simply send them a written notice that this provision is breeched and you no longer agree to it. Ensure you have proof that they receive it. After that letter and the above mentioned advice,they should be boxed in a corner where they can't legally touch your funds.
_________________ Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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cajunbulldog
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