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Disputing online checks

Date: Wed, 12/20/2006 - 10:36

Submitted by outlaw8117
on Wed, 12/20/2006 - 10:36

Posts: 164 Credits: [Donate]

Total Replies: 3


I used to have a Netflix account. They would bill my checking account once a month the $19.95 fee. Well I cancelled the account and Netflix tried to bill. Well they sent me the notice that they attempted to bill and it didn't go through. I ignored the notice. Now I see that Certegy has the account and it is listed on my credit report, 19.95 + 25.00 NSF fee. That's how I found out about this debt is when I pulled my credit report. I sent them a DV and all I got back was that it was an electronic check that was NSF. No other info. My stand is that any oral contract especially if a third party can not provide any kind of agreement is null and void, right? What would a good next step be? I'm thinking a follow up letter that says they didn't meet the fdcpa criteria of debt validation in addition to the fact that they did not remove the item from my credit report, which is an FDCPA violation, that I consider this debt void. But I’m not sure, does that sound like a good step?


Have you tried going to your bank and filing a form for an unauthorized ACH withdrawl? I work for a bank, and we do those all the time for people that cancel AOL or a gym membership, but AOL (or whoever) keeps taking out monthly dues. Also, didn't you get an NSF fee from your bank when they rejected the payment?


lrhall41

Submitted by swedishgirl on Wed, 12/20/2006 - 11:44

( Posts: 326 | Credits: )


I don't think I got the NSF fee. I unfortunately have a generous overdraft protection which gets abused. So I think Netflix just tried to automatically generate the payment and came back to them they couldn't. I don't believe the bank charged me an NSF fee. Kind of like trying to take money out at the ATM when there is no money. It won't charge you the NSF and won't let you take the money either. Bottom line, it was too far back to go and research. But the CA won't really do much for $44 will they? Even then, they have not provided sufficient documentation that this is a valid debt. Nor can a phone or Internet agreement really be enforced especially when it comes to the vagueness of when the account was cancelled and they attempted to bill me. They didn't provide me with any agreement between myself and Netflix that says I agree to pay any NSF or that the account has indeed been cancelled before the charge. That's my take anyway. I'll just send them a letter stating my position and that they need to remove the item from my credit report or I'll file a suit.


lrhall41

Submitted by outlaw8117 on Wed, 12/20/2006 - 12:19

( Posts: 164 | Credits: )


The bank will be able to give the info if there was any NSF charged on the account. As you said that withdrawing money from an empty account will give you no money, but each attempt will be charged causing an overdraft. Check with your bank for details. I think I made sense in some way, not 100% sure.


lrhall41

Submitted by Johnson4485 on Wed, 12/20/2006 - 12:30

( Posts: 399 | Credits: )