Debtconsolidationcare.com - the USA consumer forum

Is this legal?

Date: Fri, 11/02/2007 - 10:20

Submitted by anonymous
on Fri, 11/02/2007 - 10:20

Posts: 202330 Credits: [Donate]

Total Replies: 7


Hi,

I owe a credit card bill with Orchard Bank, HSBC, about $1200. I have had this debt since last year and I haven't paid on it for several months.

A week or two ago, I got a call from IDT Carmel stating that they had taken over this debt and they wanted me to settle. I told them I couldn't settle, but that I would make payment arrangements. I set up a check over the phone for $200, to be taken out of my account on 10/31. After that, they called my husband, who was unaware of this bill, since I pay all of our bills. He told them that he would look into it, but that maybe somehow we could settle it by putting it on another charge card.

When I talked to this company again, they refused to speak to me. They told me that they were now dealing with my husband and that he is possibly taking care of the settlement. I asked them what about the check for $200 and they told me that that wouldn't go through.

They did not speak to either me or my husband again. But yesterday I had a charge come through my checking account for $983.44, the entire settlement amount! This was never authorized. It actually came through from PFR, People First Recoveries. I called them and they said that they are affiliated with this IDT Carmel company and that we authorized them to settle the account. They couldn't help me and told me that I had to speak to the same guy that I spoke to before, but that he was away until Monday.

Needless to say, I stopped payment on that transaction. Is this legal for them to do, since we never authorized it? What are our rights? What can they do about this debt? Who's to say they won't continue to do this since they have my checking account info? I would appreciate any help anyone could give. Thank you.


Speak to your bank and explain that this company made an unauthorized debit to your account, and you are afraid they will do it again. What can you do? Some banks can/will either all future debits or debits from a specific company. See if they could do this.

Also, did IDT Carmel send you anything in writing to advise that they were attempting to collect this debt? They are supposed to notify you in writing and you have 30 days to respond. In any case, I would recommend sending them a debt validation letter via certified mail/return receipt requested so you will have proof that the letter was delivered and signed for. Also in this letter, state that you wish them to cease and desist all future communications to you by telephone. All future communication regarding this account should be sent to you in writing via United States Postal Service mail.

You can get a sample debt validation letter here, which you can edit to suit your needs.

http://www.debtconsolidationcare.com/letters/sample6.html


lrhall41

Submitted by Tiffany99 on Fri, 11/02/2007 - 10:37

( Posts: 1058 | Credits: )