Can I do anything about this?

hi bebauch....a few good questions.

First, you CAN dispute with your bank about the payment that was already made. Go to the bank and explain that you denied these people permission to take any amount from your bank account. They will look into the matter on their end.

Second, do you have any evidence about you requesting validation from them? We always recommend sending a letter to them by certified mail RRR, so you have proof that they got your request. Once they get that request, they are not allowed(federal law, the fdcpa) to continue any collection efforts. This would include taking the money from your account, suing you, continued collection calls, settlement letters, etc etc etc. They are required by law to immediately cease all collection activity until they provide you with proper documentation to validate their claim about this debt. If they do not provide validation but continue collection activities, you can then sue them for violating the FDCPA. PLEASE tell me you sent them this request in a letter by certified mail, or that you have the telephone conversation recorded....that will be the one piece of proof you really need. Unfortunately, if the letter wasnt sent certified mail, you wont have anything to prove that you even sent it, and most CA's would go to court simply saying "we never got anything from him".

Ok, on to your credit report. I have seen VERY few CA's that actually remove a listing from your credit file once you have paid it off--they may tell you that, but once they get your $$$, there is no further interest in you on their part. They dont really care what your credit file says as long as they get paid. So, many CA's will agree over the phone to delete the entry, or maybe change it to show paid in full, but sometimes it never happens, and other times you need to keep the pressure on them about it. Getting everything in writing is VERY important in this--that way, if they agree in writing and then dont do as they promised, you have recourse.

About suing them--the FDCPA is federal law. One of the provisions of this law is that you can sue a CA for violating the law. A court can award you up to $1000 per violation. Did they call after they got your cease and desist?? Yes--thats one violation. Did they continue collection efforts after you requested validation? Yes--thats another. Then, they cost you money because they took money from your account after you told them they no longer had your permission to do so. It is illegal to take money without your permission, and it is also illegal to cost you money in the process of collecting a debt that isnt part of the amount they are legally allowed to collect. You have a decent case, as long as you can prove your actions. It doesnt matter if you initially gave them permission to take that money from your account, either--you have the right to dispute the whole debt, or any portion thereof, and they cannot stop you from requesting validation, no matter what is happening.

Finally, this is important---go to your bank and tell them that this entity DOES NOT HAVE YOUR PERMISSION IN ANY WAY, SHAPE, OR FORM to withdraw ANY amount from your account. Seriously. If they acted illegally and against your wishes before, they will do it again. And some CA's have taken more from a person than they were allowed to collect. You need to protect your money right now, so that you dont go into more debt with your other bills because they take all your money. Make this a written notice to your bank, and that way, if they allow another withdrawal, you can go back to them and demand that they fix their mistake. You will then have proof to show the bank that you informed them about this fraudulent activity and they did nothing to protect you.

I sent all my DV letters certified mail and have the receipts, I dont have any phone calls recorded because I'm not sure how to do that on a cell phone but I'd like to. I do have the two voicemails on my cell phone saved and I'm sure I can get a phone record showing that I talked to these people on this day or that. On the voicemail it was an actual person and on the second one I received she even stated it was from FMA alliance, I dont know if that would hold up in court or not. I dont even know how to go about suing anybody lol and it all sounds very complicated to me because I dont have any experience with courts at all.

I called my bank and there's nothing they can do about the transfer that already took place because it was paid to them already. They did say that I should send a letter to FMA telling them they cannot take money from this account and the bank could put a stop payment on it for 20 bucks. Honestly though I'd like to just pay this off and get rid of it once and for all, however I dont appreciate them doing it the way they did, illegally. So that's my dilema do I just do nothing and pay it off or should I fight it and cause myself all kinda of grief. I just wish I knew if I did pay it off it would finally just be over and done with and I wouldnt have to worry about it anymore.

Okay I just got home from work and recieved a confirmation of payment, however it says Paid to the Order of the creditor, I guess that means FMA was just collecting on WAMU's behalf and the account wasnt sold to them. It's even signed Washington Mutual. I called WAMU and the automated dohickey tells me the account is being handle by FMA Alliance, I thought the account was sold but I guess I was wrong.

Now here's the kicker, the authorization date is june 7th the payment date is june 29th and my lil green receipt here shows them receiving my dispute letter on june 14th.

On the plus side I was happy to see that the money is going to the creditor and not some CA, and I was even more happy to receive this confirmation from them.

Since the debt was not sold, you I would think you can still make your payments directly to the original creditor. I would make sure your bank blocks any withdrawals for the CA - and either make a copy of your payment checks or something to prove that you paid the original creditor directly. I get notices from a CA but I send to the original creditor each month, and the balance is reflectin gthose payments.