Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

Academy-unauthorized debits and violations!!!

Date: Mon, 10/15/2007 - 07:15

Submitted by anonymous
on Mon, 10/15/2007 - 07:15

Posts: 202330 Credits: [Donate]

Total Replies: 3


I have been contacted by Academy Collection Services. They told me they now were in charge of my account and we could settle the acct but i had to pay the full amt. that day or 1/2 now, and the other 1/2 within 2 days. I was scared so I paid the 1st half (1600) by GIVING THEM MY CHECKING ACCT INFO!! STUPID! we agreed on the day of the next payment and I was told to call 48 hours in advance if I couldn't pay. I called on the day he told me to call back, and they had tried to cash the check 2 times already that day...he said we agreed on that day but I took notes when I talked to him and I have completely different days written down.This caused me to overdraft my account. I have repeatedly asked for a settlement agreement in writing and have received nothing from them. I called and offered a fairly agressive payment plan which he agreed to (400 a month for 4 months to be taken out of my account on the 5th of every month). He then told me as I was asking to get of the phone b/c I was late to class that suddenly the amt of my settlement had increased by $800 to $2400 and I had to make a payment every 28 days. I said whatever I'll call you back in an hour. When I called back, I left a msg informing them they did not have permission to collect anything from my account. my call wasn't returned for 2 days. He called and left one message. five days after the agreed date, a payment of $400went through. I have in turn given my bank over $300 in overdraft and am still negative. I called to get an explanation and this man (who calls me Ash as opposed to my full name, or last name which REALLY irritates me) talked in circles then said he would call me back...he was going to "figure it out" My call has not been returned as of yet and I have left 2 messages. I have already gone to the bank and signed an affidavit and am about to go back to close my account but the lady there said the odds of the bank reimbursing me are not likely b/c initially I authorized a transaction. What do I do? This agency also calls me at 7:30 am, calls over and over, has not sent me anything in writing like I have asked, told me target visa (the original acct) is still in charge and has to approve all settlements, and has told me if I don't pay it will be taken to the "next level." or that I will lose the settlement and have to pay the full ammount and interest will start to collect again. I don't know what to do. I cannot afford to pay the bank these overdraft fees. What can I do to help my chances of getting this fixed? My aunt even offered to pay the account off with her card but I am so scared after what all I have read about ACS. Also, if I request a copy of my account log or file, are they required to send it to me? what happens if I refuse to pay the balance? Any help is greatly appreciated!!!


First you need to deal with your bank. Make sure your account is closed and that this CA does not have electronic access to it. Authorizing one transaction does not mean you authorized all of them. Keep on your bank and make sure the refund a good portion of these bogus fees that they generated and cost them nothing in return. Your bank is trying to profit off of your misfortune which is disgusting.

The best I can tell from your post is you made a $1600 payment on a $3200 balance without anything in writing. After you made payment the CA tried to raise the remainder by $800 to $2400 which you have not paid anything on.

In my opinion I think you should not pay this guy another dime until you take some other steps. You need to send him a validation letter immediately via certified mail return receipt. Use the sample on this website and make sure that it includes the cease and desist portion to limit all contact to mail only. This guy is just playing you and as soon as he calls you give in to his demands. The C&D letter will help stop that. You need to use that letter to make sure this guy has legal authority to collect this debt and that it is your debt. After you establish that you need for him to put the remainder of the balance in a signed agreement stating that it is ???????paid in full??????? once you complete the agreement. If he will not do ???????paid in full??????? then try to go for a delete from your credit report and if he won????????t do that then go for a ???????settled in full???????.

Never react out of fear with a collector. In my opinion based on your post your current balance was probably $3200 and loaded with a bunch of fees and penalties and at least 6 months late. I think if you would have negotiated hard with this guy you could have settled the entire debt for $1600 - $2400 but since you already gave him $1600 it will be more difficult. I would try to do the final settlement for $800-1200 but whatever it turns out to be get it in writing first before any more payments are made.


lrhall41

Submitted by DOLLARSandSINCE on Mon, 10/15/2007 - 12:19

( Posts: 1078 | Credits: )


I am in the process of getting the letters together and am mailing them tomorrow but let me update what is going on and what I should do. I called the acct manager first thing monday morning. I asked for an exlpanation of the withdrawal from my acct and an update. He did not answer and said I had lost my settlement. I said I was not concerned with that at this moment because he to this day never sent me anything agreeing to a settlement ammount. The last letter I received (with the "payment schedule") did not say anything about a settlement ammount it just said the $2400 totaled my next set of payments. I told him this, and let him know I was very upset with the way this was handled. I told him I had my phone records of the times he has called me before 8 (turns out it only shows up on my bill if I answer...oops but he has lied continuously) and told him I felt my rights had been violated. He asked what I wanted/expected him to do. I told him I wanted him to contact the bank and explain it was their fault and credit that money back and I wanted something in writing explaining what was going on with my acct and something explaining why I have not received the letters he has been promising and that I had a right to. I said something about talking to a lawyer (never said I had obtained legal council) he told me I had to give him the name of my lawyer immediately b/c I had decided to take this to a legal matter and he could no longer discuss my acct with me. I told him I would no longer tell him ANYTHING b/c all the info I have given him thus far had been used against me. My deisre to settle this out and my innocence had been taken advantage of and If it was necessary to discuss anything with a lawyer, a lawyer would contact him. He said fine and hung up on me. I have called 2 times and my calls have not been returned. BUT I figured out how to record the phone calls using my computer. I have the second call (me asking to speak to a supervisor) recorded. I HAVE to speak to someone about the bank situation. I want to call tomorrow until I get in touch with someone and ask them to fax me all of my acct info (notes made,etc.) b/c of the obvious descrepencies. If they deny, I was planning on asking them to read me his notes to compare to my own and try and figure out the problem. My aunt will let me put the balance on her interest free credit card (i'll have a yr to pay her back) but I want to play hard ball...but sneaky...I was planning on dropping that I would be able to settle the acct out in full (of a amt we agree on) if they will send a letter to me and the bank accepting responsibility of the fraud, and delete the acct from my credit. I was thinking I would offer $800 and not go any higher than the original amt we agreed upon of $1600. But everything has to be in writing. Does this sound like a plan? I won't pay anything until it is in writing what will happen....but some q's. do I have any right to have access to my acct info? How many times can I bargain with them? I was thinking if I mention the eagerness to settle, but with a different acct manager, they might be willing to settle for less since the new person is getting a guaranteed commission (and one they weren't planning on) but I'm not sure. I want to keep the contact to a minimum but with the bank crap going on I HAVE to talk to them. Also, what about them avoiding me? I am making every effort to take care of this and they are not cooperating...and I have called target to try and settle this and they said academy had 100% control of my acct....so.....next step anyone? Thanks for helping and answering my q's and sorry for the length of the update!!!


lrhall41

Submitted by on Wed, 10/17/2007 - 21:36

( Posts: | Credits: )