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Debt Collector took more then agreed upon...Help!

Date: Sat, 02/02/2008 - 08:55

Submitted by anonymous
on Sat, 02/02/2008 - 08:55

Posts: 202330 Credits: [Donate]

Total Replies: 13


I set up payments with a debt collector for so much every two weeks. I was unable to make the payments for awhile and had them stopped until I was able to do it again. Well just the other day they went in and took out the total amount owed on the account. This was never agreed upon. From what I thought a debt collector was not allowed to take more then what was agreed upon. Is this correct? I called them yesterday and he said he would see what he could do about it and would call me back within an hour. He never called back so I called again and left a message but he never called back. Are they able to do this?

I live in Kentucky if that makes a difference and the debt collector is out of Minnesota. Thanks


Guest (#2) is correct. Also, bank debits are based upon agreements (verbal agreements are just as binding as written ones) they performed an illegal ACH when they did that as they had withdrawn funds from your account that you did not authorize. You should do as what the previous members have suggested, except writing a check, as they could use the account number and routing number on the check to perform further electronic debits.

Use a money order or some other payment method that does not give them account information to make your payments.


lrhall41

Submitted by JCEMT on Sun, 02/03/2008 - 04:59

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Soaplady is right, go to the bank and tell them that you did not agree to a deduction of that amount. You can get the money back. They are supposed to send you a letter in the mail that you should receive maybe 2-3 business days to remind you of the payment. Contact your AG and if you can afford it I would also consult with an attorney.

What collection agency did this?


lrhall41

Submitted by FYI on Sun, 02/03/2008 - 09:01

( Posts: 1950 | Credits: )


...and also send the CA a letter revoking their right to debit your account any further, should the $ be returned to your account, they dont go back in and try it again.

Having this all in writing (while I understand that verbal agreements are indeed binding), this gives you better leverage under the Electronic Funds Transfer Act.

"I am revoking your right to debit my checking account any longer. You, your company, or your affiliates are not authorized to debit my checking account at all. Please be aware that I have informed my financial institution of this situation and they will also be receiving a copy of this correspondence. Any further attempts at debiting my account will be rejected by my financial institution."

Then try to make other arrangements NOT by check or ACH.


lrhall41

Submitted by volleyballmom on Sun, 02/03/2008 - 11:46

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I'm sorry, but the Collector you talked to probaly has no interest in "seeing what he can do about it", neither does the CA.

Go to your bank first thing monday morning, go into a branch do not attempt this over the phone. You want to fill out an "affidavit of unauthorized ACH." There is a section where you choose the reason for the affidavit; your reason would be the amount taken was not what was agreed upon. If you have any doccumentation supporting this claim, take it with you. Once you fill out the form, the bank is supposed to give you a provisional credit for the amount debited while they are researching this issue, this is usually within 24 to 48 business hours. My reccomendation would be not to spend this provisional credit until you get notice from the bank the credit has been maid permanent. This might be difficult to do; however, if you can it may save you more problems if the provisional credit is lifted by the bank.

Unfortunately, I haven't work in banking in a few years so I'm going by the rules as I remember them from back then, they may have changed some. Have your branch representative spell out everthing to you; sometimes bankers don't take the time to explain things clearly. They'd rather the customer just read it themselves. This is why I reccomend people get copies of their depositor's aggreements fromt their banks yearly, just to see if their have been any changes made.

You need to move quickly on this as, depending on the type of ACH withdrawal, you may only have 48 business hours in which to do this. That is why I reccomend going into a bank branch Monday morning; don't call the bank or the CA and hope they take care of it.

As was also advised, if you haven't already done so, you need to send the CA a letter revoking their authority to debit your account and demanding they return your money. Fat chance they will voluntarily return it, but give it a try. I would fax it to them as well as mailing it Certified Mail and Return Receipt Requested. Do this on Monday also.

Good luck! IF you get the chance, keep us informed on how things go for you.


lrhall41

Submitted by FloridaRon on Sun, 02/03/2008 - 12:24

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