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Is it legal for AI to withdraw funds without permission?

Date: Wed, 01/03/2007 - 13:13

Submitted by anonymous
on Wed, 01/03/2007 - 13:13

Posts: 202330 Credits: [Donate]

Total Replies: 7


A couple of months ago, allied interstate contacted me about a debt that I owe to Cingular wireless. I understood the amount and the fact that I have to pay them. They wanted me to pay the 900 dollar bill in one payment (I am a single mom, and I work as a server) so that was out of the question. I told them that I can afford $100 right now, so they took a check by phone. They said that there were 2 plans I could be set up for to pay- one was a 3 month plan and the other was a 4 month plan. Neither of which I could afford. I told them I cannot afford that, because I barely make enough to pay rent and electricity (hence the default of my cingular contract). I said they will have to contact me in the future if they expect me to make any more payments. Two months later, they, without informing me, withdrew $271.62 from my checking account. I contacted my bank and my bank said to contact the company, tell them to take my checking number out of their computer and that I was going to file a claim on an unauthorized transaction. Which I did, successfully. Once I contacted Allied Interstate, they apologized and I told them that I am willing to pay, but I am extremely low income and I cannot in any way pay that much at once. She understood (or so she said). And now, a month later, they withdrew 271.62 again! Is this legal? I requested (I spoke to a supervisor) that my account number be taken out of their system the first time this happened, yet they obviously still have it since they did the same thing again. Is there any kind of action I can take besides just filing a claim with my bank AGAIN? Please help.


You may have to ask your bank to block any transactions from that bank and just send them either a paper check or a money order. Let the company know that they are not authorized to debit your account and that you will be sending payments through the mail. I think you can get a block for up to six months. Good luck.


lrhall41

Submitted by dbaker6 on Wed, 01/03/2007 - 13:20

( Posts: 1600 | Credits: )


Do you have their apology in writing or is it just verbal?

Make sure that you have a letter this time after the issue is resolved. allied interstate should put in writing that they will not be doing any more debits in your checking account in the future and act as per the arrangements fixed by you.


lrhall41

Submitted by mcranberra on Wed, 01/03/2007 - 13:42

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I would also send a letter to allied interstate via certified mail/return receipt requested, stating that you do not authorize them to make any electronic debits or drafts from your checking acct. xxxxxxxxxx with "such-and-such bank". I would also provide your bank with a copy of the letter you sent to Allied Interstate, so you can show that you have made definite efforts to inform this company that they are not to take anything from your account in the future.

If it happens after you know that Allied have signed for your letter revoking authorization to draft your account, you should have more of a leg to stand on as far as them doing anything illegal or without your permission.


lrhall41

Submitted by Tiffany99 on Wed, 01/03/2007 - 14:08

( Posts: 1058 | Credits: )


In late 2002, this exact scenario happened to my wife, right before we got married. Only they were taking out something like $600 each time, and doing it over and over. She would get the charge reversed (a big hassle, as you have seen), only to have them do it again a week later.

She would talk to the collection company (I think it was Arrow Financial, not sure), and they would SWEAR UP AND DOWN that it was a "computer glitch" and that the problem was fixed... then two weeks later BLAMMO $600 withdrawal. She tried to get the bank to just block this from happenning, and they really couldn't. (that could have been specific to her bank)

After going round and round with this several times, she finally closed her account and opened a new one they didn't have the numbers to.

MORAL: never EVER give your checking account number to one of these places.


lrhall41

Submitted by on Wed, 01/03/2007 - 17:59

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Seanh012: I agree completely. I as many others on this site have learned my lesson the hard way. I never give out my account information. Also some info from a person I was talking to who was the victim of identity theft, if you want to do shopping online, purchase a gift card from your bank and use that to avoid anyone inadvertently getting your info off the internet.


lrhall41

Submitted by dbaker6 on Wed, 01/03/2007 - 18:18

( Posts: 1600 | Credits: )


Shouldnt it be more than an fdcpa voilation though?
Is that not considered theft?

Thinking back though, I did have a gym membership that was faid in full on the spot but they had to have it paid by check. They then continued to debit my account for the monthly fee. When I called my bank they said there was nothing they could do because they kept changing the ammounts so they could pull money. They still havent paid me back. They owe me 550$ arseholes!

THIS was apparently a glitch too... hmmm


lrhall41

Submitted by Free Mark Gator on Wed, 01/03/2007 - 19:42

( Posts: 30 | Credits: )