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Bank problems

Date: Thu, 05/08/2008 - 08:48

Submitted by maria_flores07
on Thu, 05/08/2008 - 08:48

Posts: 36 Credits: [Donate]

Total Replies: 120


OKay so yesterday I was so happy because everything had gone well. The bank said that my account will be closed today and that there were no pending transactions and that they had put a restriction on te account and blah,blah,blah. I was jumping for joy. Then this morning BAM, $60.00 3 times, and 3 NSF fees for $33.00 each so total is -$279.00. So I called the bank right away and asked to speak to supervisor and guess what. She said there is nothing the bank can do until I get the account positive. She said if I wanted to dispute the transactions I said yes. She said it will take 5-7 days to get an answer about the dispute. So I said what about the hard block? She said can't do ANYTHING until the account is positive. So now what. I already opened another account and transferred my money over yesterday (reason why it went to negative). I already spoke to my HR to have my direct deposit info change. So what now. I just have to sit and wait. There is another PDL well it's Think Cash that is going to take out there payment, so now I'll be more negative then before. I'm not going to dispute THink Cash. Help me please. I have no idea what to do anymore. When will I be able to close my account.


Quote:

I have seen you say in a couple of posts that once you contact the processor to contact the pdl. Just curious to the reason why this needs to be done.

Is it to give them a little boost to help you or is it a legal reason?


Mandy, the reason for that is, the processors are the pdl's source to the cash, if they lose that, then they will be done! Usually once a pdl company is contacted by the company that processes the money, they get worried!


lrhall41

Submitted by Shazzers on Sun, 05/11/2008 - 17:30

( Posts: 17344 | Credits: )


The processor doesn't know that they are debiting on a revoked account. Who is going to tell them? Certainly not the PDL. The processor needs documentation that the revocation has been made. Hence, the reason for sending them the C and D letter. By sending a copy of what you have sent to the processor to the PDL. the PDL now knows that the processor is aware of the revocation. To me it was just an extra measure of communication that everyone knows what is being told and to whom. It seemed that it would be more effective if the PDL actually knew that the processor was on to them sending through ACH's when they should not be doing so. It was effective in my case as I got my PIF almost immediately after sending the email, and that was still owing money on my account!


lrhall41

Submitted by llw1995 on Sun, 05/11/2008 - 17:32

( Posts: 1422 | Credits: )


Mr. XXXX
I have checked the 3 Payday Lenders that you have listed and we do process for 2 of them.
I can contact them in regards to your concerns, and have them contact you directly. The issues that you are having are between the Lenders and yourself. If you wish for me to contact them please let me know. I will not do anything further per your last email until I hear from you.

Christy XXXX
COO, AAP
Intercept EFT


This is the email i received this morning from intercept...not quite the response i was looking for. It doesn't seem like they are going to help that much...i have called twice and emailed twice...and as far as I have gotten. I might as well just pay the PDLs off and be done with it.


lrhall41

Submitted by toledoguy030 on Mon, 05/12/2008 - 07:01

( Posts: 120 | Credits: )


Shazzers and llw....thanks for the input I just wanted to make sure that I was not legally bounded to say something to the PDL. I would assume they would get scared if you told them you are going to talk to them.

Toledoguy....I guess from reading all the post it take persistance to get the processors to help. Keep trying especially if you have overpaid on your loans. As Christy stated in the email contact her so she can contact the pdl's. LLW got a pif because the processor contacted them so it may work.


lrhall41

Submitted by mandywebb372 on Mon, 05/12/2008 - 07:52

( Posts: 133 | Credits: )


yeah...but i havent closed my checking account and they have been less than helpful in putting a block on it. i get two direct deposits put into that account and am on complete bill pay. i also get a cheaper interest rate on my car loan since I bank with them. I only owe two more payment to each of the loan companies....i think i will just let them have their money and be done with it....lesson learned...actually, expensive lesson learned.


lrhall41

Submitted by toledoguy030 on Mon, 05/12/2008 - 07:57

( Posts: 120 | Credits: )


Quick update. So the bank credited my account on Saturday. I called them this morning and told them to take off the NSF fees. Everything went ok she said it would take 2 business days. So now I have to wait for that to close the account. As for the PDLs well I got an e-mail on Saturday from Think Cash and I have to call them back to set up payment arrangements. That went smooth. I got my first phone call this morning at 9:00am. Which I did not answer. It was One Click Cash and she said to give her call so that she can help me. She wants me to call her today to resolve this problem before the papers leave her office. So I guess the C&D letter for them not to call me did not work. That's all for now let's see how everything goes later.


lrhall41

Submitted by maria_flores07 on Mon, 05/12/2008 - 09:11

( Posts: 36 | Credits: )


Toledoguy, tell Intercept the following;

Per the rules of NACHA a processor is absolutely responsible for their clients' behavior. Should they continue to deny responsibility you intend to pursue recourse through the national System of fines as you believe they are in violation of both the ACH Rules of NACHA and the Electronic Funds Transfer Act.
Additionally, you intend to hold them responsible for damages caused. See referenced below.

???? 910. Liability of financial institutions

(a) Subject to subsections (b) and (c), a financial institution shall be liable to a consumer for all damages proximately caused by--
(1) the financial institution's failure to make an electronic fund transfer, in accordance with the terms and conditions of an account, in the correct amount or in a timely manner when properly instructed to do so by the consumer, except where--
(A) the consumer's account has insufficient funds;
(B) the funds are subject to legal process or other encumbrance restricting such transfer;
(C) such transfer would exceed an established credit limit;
(D) an electronic terminal has insufficient cash to complete the transaction; or
(E) as otherwise provided in regulations of the Board;
(2) the financial institution's failure to make an electronic fund transfer due to insufficient funds when the financial institution failed to credit, in accordance with the terms and conditions of an account, a deposit of funds to the consumer's account which would have provided sufficient funds to make the transfer, and
(3) the financial institution's failure to stop payment of a preauthorized transfer from a consumer's account when instructed to do so in accordance with the terms and conditions of the account.
(b) A financial institution shall not be liable under subsection (a)(1) or (2) if the financial institution shows by a preponderance of the evidence that its action or failure to act resulted from--
(1) an act of God or other circumstance beyond its control, that it exercised reasonable care to prevent such an occurrence, and that it exercised such diligence as the circumstances required; or
(2) a technical malfunction which was known to the consumer at the time he attempted to initiate an electronic fund transfer or, in the case of preauthorized transfer, at the time such transfer should have occurred.
(c) In the case of a failure described in subsection (a) which was not intentional and which resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, the financial institution shall be liable for actual damages proved.
(d) EXCEPTION FOR DAMAGED NOTICES.--If the notice required to be posted pursuant to section 904(d)(3)(B)(i) by an automated teller machine operator has been posted by such operator in compliance with such section and the notice is subsequently removed, damaged, or altered by any person other than the operator of the automated teller machine, the operator shall have no liability under this section for failure to comply with section 904(d)(3)(B)(i).


lrhall41

Submitted by on Mon, 05/12/2008 - 13:33

( Posts: | Credits: )


Also, inform her that the issues are no longer between just the PDLs and yourself as the PDL has refused to acknowledge a Revocation of Authorization and has refused to provide a valid address for you to seek recourse. Additionally, you are going to hold them in violation as they have never sent any notice of debits as also required under the Electronic Funds Transfer Act. Should this not resolve the issue, and your account receives an unauthorized debit, you will be filing a claim against Intercept EFT. Also, you will be seeking business licenses to lend money in your state as there is a chance they are funding an unlicensed, hence illegal, loan operation. Should that be the case, again, they will answer to NACHA for a rules violation.


lrhall41

Submitted by on Mon, 05/12/2008 - 13:39

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wow..that is awesome...trying to make sense of it now before i shoot it off...i was pretty much told that i have to deal with the PDL on my own...they would make the initial contact to let them know that intercept is involved...however, it would just be...MR..XXXX contacted us regarding the revocation of debits..would you please contact him....yada yada yada


lrhall41

Submitted by toledoguy030 on Mon, 05/12/2008 - 13:44

( Posts: 120 | Credits: )


The bank already credited my account. but this is what I got from Intercept EFT via e-mail.

I am in receipt of your email to InterceptEFT. I am contacting you to ensure you understand the only way to revoke your authorization is by the following the NACHA recommended steps outlined below:

Contact your bank, the RDFI (Receiving Depository Financial Institution)
Complete and provide a Written Statement Under Penalty of Perjury to your bank

Your bank can then return the transaction(s) as unauthorized to the originator of the transactions.

Intercept can not revoke the authorization for you. You must do this through your bank where your account is held.

Once Intercept has received a transaction returned unauthorized or authorized revoked, it is our policy to honor the request to not allow any future credit or debit transactions to that account.

If I can be of any further assistance, please contact me.


Christy Stock
COO, AAP
Intercept EFT
Phone: 800-378-3328
Fax: 701-499-5347
email: [email]christy@intercepteft.com[/email]

What should I do now with them? I'm going to close my bank account hopefully this week. I'm just waiting for the bank to credit the NSF fees which she said should take only 2 days.


lrhall41

Submitted by maria_flores07 on Mon, 05/12/2008 - 13:55

( Posts: 36 | Credits: )


You want them to contact the PDL to be sure that you will not have your account debited again. Have her contact them and confirm with you. This should just help them understand their responsibilities. Or, more specifically, tell them that you understand them. They are correct, however, that they have no control over your pdl account. They do have control over making sure your bank account is not touched.


lrhall41

Submitted by on Mon, 05/12/2008 - 13:56

( Posts: | Credits: )


Thank Intercept. And tell them that you are only looking for them to insure their client respects your Revocation and does not attempt to debit your account again. You are not looking for Intercept to deal with past transactions. rather, you are revoking any authorization for future transactions with their client. Explain to them that if their client followed the law when notified that authorization is revoked they would not be hearing from you. let us know if more details are needed...but you just want to be sure there are no future transactions


lrhall41

Submitted by on Mon, 05/12/2008 - 14:31

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I believe that is all the processor can do. They told me that they could not revoke the debit it had to be done by the PDL and my bank. Fortunately, it never got to that point. Once the PDL was notified that I contacted the processor, they gave me my PIF. That is why I feel it is imperative that the PDL know that their processor has been informed of the revoked debit. I don't think anyone has reported back after they have emailed the PDL about the contact with the processor. Has anyone gotten any responses from the PDL themselves?


lrhall41

Submitted by llw1995 on Mon, 05/12/2008 - 16:00

( Posts: 1422 | Credits: )


maria..i was dealing with christy as well....question? my checking account is still open just because work reasons and thus I am current with the 3 payday loans I have...and only owe each two more payments...only $100 to each. If I send them emails saying I contacted the ACH processors and I want PIF letters since they are illegal....do you think they would go in and take all of their money that is owed out...even if I am current? Can they do that? I didn't breach the supposed contract...just curious. I know it is stupid...but I really can't close my account and national city has refused to put a hard block on it?


lrhall41

Submitted by toledoguy030 on Mon, 05/12/2008 - 16:51

( Posts: 120 | Credits: )


Ms Maria, I got a letter that you can use that will help you bank put your account of "deposits only"

Dear Sirs:


After doing research on internet payday loan laws in the state of North Carolina I have found that your internet payday loans are actually illegal.

North Carolina State Information

Legal Status: Prohibited (N.C. Gen. Stat. ???? 53-281 authorizing payday loans allowed to sunset in 2001)

Citation:
The consumer finance act applies. N.C. Gen. Stat. ???? 53-173

Small Loan Rate Cap
36% per year

I will be contacting the North Carolina Office of Financial Institutions and the North Carolina State Attorney General????????s Office regarding your internet payday loans and your state????????s Attorney General Office and the office of Financial Institutions in your state as well. I will also be contacting the Better Business Bureau and the Federal Trade Commission as well.

I will only pay the original amount that I have borrowed from your company.

I demand a physical address to mail payments to, as you are no longer authorized to debit my bank account. This address must be able to receive certified mail that will be required a signature. I will not remit any payment using Money Gram or Western Union. If a physical address is not provided for me to mail payment to, no payment will be made.

I demand that any contact be made through US Postal mail or email only. I will need everything in writing to keep accurate records of all communication.

I prohibit you or your affiliates to contact me via telephone at my place of employment or my home telephone number. I also prohibit you from calling my references listed on my loan. I also prohibit you to attempt to make any contact with neighbors in regards to this loan. Once I inform you of this, you must stop the telephone contact immediately or you will be breaking the laws of North Carolina.

You are also hereby notified that I am revoking any voluntary wage assignment I may or may not have signed. I will no longer authorize anyone from your company or any affiliates to attach any part of my wages or contact my employer for your collection purposes.

I am revoking your right to debit any checking account that I have now or in the future. 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.

I expect a response from your company no later than May 15, 2008, regarding this matter. This response may only com via US Postal Mail or e-mail. No telephone contact is permitted. My mailing address is "I removed my home address for safety purposes My e-mail address is I removed my e-mail address for the same reason.

I worded this letter for my home state of NC where payday loans are illegal. You can tailor this letter to your needs. Just make sure that you give this to your bank as a hard copy and mail, e-mail, fax this letter to the payday lenders.


lrhall41

Submitted by wssu92 on Mon, 05/12/2008 - 17:57

( Posts: 510 | Credits: )


Thank you for your help. Well since I e-mailed Christy at Intercept no one has tried to debit my account. My bank has also credited my account on the three transaction that PDL did last week and I'm waiting for the bank to credit the overdraft charges. ONly one for $33.00 and that's what I'm doing right now. So hopefully I can close my account today.

I sent the PDLs the C&D Letter and I have only heard from OneClickCash who left me a voicemail saying to contact them so they can help me. LOL....One e-mail from JD Marketing stating that they have sent my account to AIS. No phone calls at home. As per LLW I will send them an e-mail letting them know that I have contacted their processor. Wow I feel so much better. Toledo after I contacted the processor, I also let the bank know what I had done and that same day they credited my account. They have not tried to debit the account. Maybe it's becasue of the C&D letter and letting them know about the revokation. I don't know about the PIF becasue I still owe the PDLs.


lrhall41

Submitted by maria_flores07 on Tue, 05/13/2008 - 07:39

( Posts: 36 | Credits: )


ok...i contacted christy at intercept again...telling her i was going to resend revocation emails with her copied on them...letting them know that i did contact their processor....a little fumed after i just sat down and went thru my last 5 months bank statements to see just how much i paid

Loan Point---originally 300 paid 875 balance is $145

Quickest Cash Advance---originally 300 paid 735 balance is $195

E Payday Loan---originally 300 paid 830 balance is $130

gave me more motivation to take care of this today.


lrhall41

Submitted by toledoguy030 on Tue, 05/13/2008 - 08:52

( Posts: 120 | Credits: )


Mr. xxxxx,

You should have your loan documents that would be where you need to send your notifications to. I can not tell you which of the companies that Intercept processing for, due to privacy policies that we have in place.
You can contact your bank and they can let you know who processed the transaction.

I want to make sure that you understand the only way to revoke your authorization is by the following the NACHA recommended steps outlined below:

* Contact your bank, the RDFI (Receiving Depository Financial Institution)
* Complete and provide a Written Statement Under Penalty of Perjury to your bank

Your bank can then return the transaction(s) as unauthorized to the originator of the transactions.

Intercept can not revoke the authorization for you. You must do this through your bank where your account is held.

Once Intercept has received a transaction returned unauthorized or authorized revoked, it is our policy to honor the request to not allow any future credit or debit transactions to that account.


Hmm...she told me that they process for two of the three PDLs I have...but couldn't tell me which ones???? Doesnt make sense to me...because of privacy issues...I had asked if I could carbon copy intercept on the emails to the PDLs so they knew I had contacted their ACH processor...and she said that I can only email or send my letters to the PDLs themselves. Not sure about how this entire processor thing works..why is it so different with everyone????


lrhall41

Submitted by toledoguy030 on Tue, 05/13/2008 - 09:37

( Posts: 120 | Credits: )


Toledoguy, you may have overpaid the payday companies. If you borrowed $300.00 from e-payday and paid out $830.00 by my math(I am not that great at it but I can add and subtract lol) they owe you at least $530.00. I am going under the assumption that payday lending in your state is not legal!


lrhall41

Submitted by wssu92 on Tue, 05/13/2008 - 09:43

( Posts: 510 | Credits: )


yeah...i have overpaid on all of them...by alot...i knew it was up there...but had no idea until i actually sucked it up and sat down and figured it out...just kinda stuck because I can't close my checking account due to work issues and national city has been less than cooperative putting a hard block on my account...saying....i need to file fraud charges with the police department and a written statement under penalty and perjury. Not only that...but I really cant afford having them call my job every half hour...i work in an office and dont answer the phone...i can only imagine what they will say....so i have just been sucking it up and paying on time with them until they are done...i thought there was light at the end of the tunnel with the processor stuff...but that just seems to be a dead end as well.


lrhall41

Submitted by toledoguy030 on Tue, 05/13/2008 - 09:52

( Posts: 120 | Credits: )


Toledo I have not heard from Christy. After I sent the e-mail to the PDLs I have only received one phone call and they have not tried to debit my account at all. Let's just hope it stays that way. Christy e-mailed me that same e-mail except I called and asked INtercept if they procces for the PDL. They told me that over the phone. I've gotten so much help from everyone here. I was about to quit last week and with the advice from here, I kept going. Don't give up. Go to the bank with everything in hand.


lrhall41

Submitted by on Tue, 05/13/2008 - 10:13

( Posts: | Credits: )


She is incorrect. Read below. Her client is responsible and, if her client fails to follow the law and she is put on notice, she is responsible. That's the law. She's clearly irritated with all the phone calls. If her clients followed the law, she wouldn't be having this problem.



???? 905. Terms and conditions of transfers

(a) The terms and conditions of electronic fund transfers involving a consumer's account shall be disclosed at the time the consumer contracts for an electronic fund transfer service, in accordance with regulations of the Board. Such disclosures shall be in readily understandable language and shall include, to the extent applicable--
(1) the consumer's liability for unauthorized electronic fund transfers and, at the financial institution's option, notice of the advisability of prompt reporting of any loss, theft, or unauthorized use of a card, code, or other means of access;
(2) the telephone number and address of the person or office to be notified in the event the consumer believes that an unauthorized electronic fund transfer has been or may be effected;
(3) the type and nature of electronic fund transfers which the consumer may initiate, including any limitations on the frequency or dollar amount of such transfers, except that the details of such limitations need not be disclosed if their confidentiality is necessary to maintain the security of an electronic fund transfer system, as determined by the Board;
(4) any charges for electronic fund transfers or for the right to make such transfers;
(5) the consumer's right to stop payment of a preauthorized electronic fund transfer and the procedure to initiate such a stop payment order;
(6) the consumer's right to receive documentation of electronic fund transfers under section 906;
(7) a summary, in a form prescribed by regulations of the Board, of the error resolution provisions of section 908 and the consumer's rights thereunder. The financial institution shall thereafter transmit such summary at least once per calendar year;
(8) the financial institution's liability to the consumer under section 910;
(9) under what circumstances the financial institution will in the ordinary course of business disclose information concerning the consumer's account to third persons; and
(10) a notice to the consumer that a fee may be imposed by--
(A) an automated teller machine operator (as defined in section 904(d)(3)(D)(i)) if the consumer initiates a transfer from an automated teller machine that is not operated by the person issuing the card or other means of access; and
(B) any national, regional, or local network utilized to effect the transaction.
(b) A financial institution shall notify a consumer in writing at least twenty-one days prior to the effective date of any change in any term or condition of the consumer's account required to be disclosed under subsection (a) if such change would result in greater cost or liability for such consumer or decreased access to the consumer's account. A financial institution may, however, implement a change in the terms or conditions of an account without prior notice when such change is immediately necessary to maintain or restore the security of an electronic fund transfer system or a consumer's account. Subject to subsection (a)(3), the Board shall require subsequent notification if such a change is made permanent.
(c) For any account of a consumer made accessible to electronic fund transfers prior to the effective date of this title, the information required to be disclosed to the consumer under subsection (a) shall be disclosed not later than the earlier of--
(1) the first periodic statement required by section 906(c) after the effective date of this title; or
(2) thirty days after the effective date of this title.

[Codified to 15 U.S.C. 1693c]

[Source: Section 905 of title IX of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by title XX of the Act of November 10, 1978 (Pub. L. No. 95--630; 92 Stat. 3730), effective May 10, 1980; as amended by section 703 of title VII of the Act of November 12, 1999 (Pub. L. No. 106-102; 113 Stat. 1464), effective November 12, 1999]


lrhall41

Submitted by on Tue, 05/13/2008 - 10:52

( Posts: | Credits: )


Do not believe for a second that she said the truth. In any way. They can reference your bank account number and see exactly what you are asking. If nothing else, insist that she get on the phone with your payday loan company on a conference call to verify that you have revoked authorization.
What would her answer be if you asked why her clients refuse to acknowledge that you have revoked authorization. Here's the law for that....Notice your right to revoke authorization 3 DAYS PRECEDING the transaction. That has nothing to do with your bank. It has to do with her clients and, by definition, her. Sorry!

???? 907. Preauthorized transfers

(a) A preauthorized electronic fund transfer from a consumer's account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made. A consumer may stop payment of a preauthorized electronic fund transfer by notifying the financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer. The financial institution may require written confirmation to be provided to it within fourteen days of an oral notification if, when the oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent.
(b) In the case of preauthorized transfers from a consumer's account to the same person which may vary in amount, the financial institution or designated payee shall, prior to each transfer, provide reasonable advance notice to the consumer, in accordance with regulations of the Board, of the amount to be transferred and the scheduled date of the transfer.

[Codified to 15 U.S.C. 1693e]

[Source: Section 907 of title IX of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by title XX of the Act of November 10, 1978 (Pub. L. No. 95-630; 92 Stat. 3733), effective May 10, 1980]


lrhall41

Submitted by on Tue, 05/13/2008 - 11:03

( Posts: | Credits: )


You indeed have the right to revoke transactions. You need to contact your bank and give them the transactions that you want to revoke. By them returning the transaction to the originator as revoked if the company processes with Intercept we will not allow any future debits/credits of any amount to that account. So I would take your bank statement to the bank and reference the transactions that you wish to revoke. Intercept is not a financial institution. Your bank must honor your request to revoke transactions.

* Contact your bank, the RDFI (Receiving Depository Financial
Institution)
* Complete and provide a Written Statement Under Penalty of Perjury
to your bank


Christy XXXX
COO, AAP
Intercept EFT


ok...so now i think i understand how that works...but am out of town until next friday with work on a different project....great, by the time i get back and am able to take all of this ammo to the bank to finally get them to revoke debits...i will only owe the PDLs $50 each...arghhhh. This is a lot harder than I thought. Kudos to everyone that has had success.


lrhall41

Submitted by toledoguy030 on Tue, 05/13/2008 - 12:24

( Posts: 120 | Credits: )


The guest post is correct. When I called Intercept, I had the last date that UFC debited my account and the amount. I also verified my CLOSED bank account number with them. They looked it up and confirmed that they did in fact process for UFC. They also told me that I had a debit for ameriloan, which I did, but it was now PIF. As for ACHC, I called them and just asked if they processed for Star Advance. They told me know but based on the info I gave them they confirmed that I had debits from PayDayMax and MyCashNow. They can give you the info. I also spoke with a very nice woman by the name of Cindy over at Intercept. She was extremely helpful in resolving my UFC account. It would appear that all the phone calls are creating quite a stir and perhaps it is something they are not used to. In fact, I will post an email, from Gail Sauter, which pretty much confirms that fact as well. Am at work right now.


lrhall41

Submitted by llw1995 on Tue, 05/13/2008 - 12:44

( Posts: 1422 | Credits: )


read above. you have the right to revoke authorization 3 days prior to a debit. It's in the Electronic Funds Transfer Act. She knows it. Have her tell the pdl not to debit that you have revoked authorization. I would email this to Intercept and the PDL at the same time.

Dear Christy,

It appears neither you nor your client intend to honor the Electronic Funds Transfer Act. Under Section 907 Subsection A I have the right to revoke authorization 3 days prior to a debit orally or in writing. I am doing so with both yourself and your non-compliant clients.
???? 907. Preauthorized transfers

(a) A preauthorized electronic fund transfer from a consumer's account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made. A consumer may stop payment of a preauthorized electronic fund transfer by notifying the financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer. The financial institution may require written confirmation to be provided to it within fourteen days of an oral notification if, when the oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent.

Additionally, having done my due diligence, I am also notifying you that if my account is debited I intend to hold both yourself and your client responsible under Section 910 of the EFTA subsection 3. In addition, I will be forwarding your position to NACHA for evaluation as well as pursuing the validity of your client's legal right and/or operating license.
???? 910. Liability of financial institutions

(a) Subject to subsections (b) and (c), a financial institution shall be liable to a consumer for all damages proximately caused by--
(1) the financial institution's failure to make an electronic fund transfer, in accordance with the terms and conditions of an account, in the correct amount or in a timely manner when properly instructed to do so by the consumer, except where--
(A) the consumer's account has insufficient funds;
(B) the funds are subject to legal process or other encumbrance restricting such transfer;
(C) such transfer would exceed an established credit limit;
(D) an electronic terminal has insufficient cash to complete the transaction; or
(E) as otherwise provided in regulations of the Board;
(2) the financial institution's failure to make an electronic fund transfer due to insufficient funds when the financial institution failed to credit, in accordance with the terms and conditions of an account, a deposit of funds to the consumer's account which would have provided sufficient funds to make the transfer, and
(3) the financial institution's failure to stop payment of a preauthorized transfer from a consumer's account when instructed to do so in accordance with the terms and conditions of the account.
Should either yourself or your client be open to following the laws I have listed, I will expect confirmation that my Acct #-------------- RTN ----------------------- will in fact no longer be debited.

Regards,


lrhall41

Submitted by on Tue, 05/13/2008 - 12:44

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Again, I concur. All I did was send a copy of my C and D letter, which was the revocation, to Intercept, and then an email back to the PDL stating that I had spoken with Intercept and all the nonsense stopped. My PIF followed almost immediately. Is it because so many people are now using the processors that they are finding that the situation is just more than an "isolated" case, as it was in the beginning? I think that perhaps I was the first, or at least one of the first, to approach them on the issues at hand. Now we are coming out of the woodwork. Thank you James!


lrhall41

Submitted by llw1995 on Tue, 05/13/2008 - 12:57

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ok...shot off an email to my bank citing my use of the EFT Act and revoking debits from the PDLs...i listed the company name...the date of their last debit and the amount and how I do not want any further debits from these companies. This will have to do since I am out of town and the nearest branch is 2 hours away. I told them if they can not do it online...if I can do it over the phone. Either way...I hope they can do it. They wouldnt before when I went into the branch...but this time I told them I had been dealing with the ACH processor and copied the email in my message and cited the EFT Act....I will let everyone know.


lrhall41

Submitted by toledoguy030 on Tue, 05/13/2008 - 13:26

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She holds a reserve account for 2 or 3 times what the pdl sends in a day. The money that is debited from your account goes to Intercept, individually. She then deposits a bulk amount into the pdl bank account. She is barking up the wrong tree. Since the funds go to her directly, not the pdl bank, she is not being forthright. I would email her, and the pdl, simply stating the following: I revoke any authorization for you debit Acct info-------. I am copying your processor to insure that you will respect the Electronic Funds Transfer Act. They may not admit it, but they won't keep bothering you


lrhall41

Submitted by on Tue, 05/13/2008 - 13:32

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No problem. Glad to see you not giving up. All too often these folks are content to say anything to get you off the phone and out of their hair. Sometimes they really do not know the law, however. Hang tight...you're making enough noise to get left alone. That's really all this is about.


lrhall41

Submitted by on Tue, 05/13/2008 - 14:48

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Mr. Siravo,

I do understand your objection and I believe your request is reasonable.
If you will take the time to review the attached document and fax a
signed copy to me, I will issue a refund for the $390.00 balance that
was deducted from your account on February 1, 2008. The document is an
agreement which states that the dispute over the matter has been
resolved and neither party will continue the dispute in any way.
Obviously, the validity of the agreement is contingent on The Loan Shop
refunding you the $390.00.

Unless you prefer to receive the $390.00 in another manner, I will
process a refund transaction to electronically transfer the funds to the
checking account from which they were debited. This refund will be
processed as soon as the attached document is signed and returned to me.
The funds will be available in your account 1-2 business days after the
agreement is returned.
If you have any further questions about this refund or the agreement,
please feel free to contact me anytime by phone or email.

Sincerely,

William XXXX
Phone: 888-265-5074 x3497
Fax: 800-383-3309


I do not believe it...in a matter of one day!!! He later sent me a PIF letter as well..I owe a lot to this site...I never would've accomplished this without the support here...amazing and thank you to everyone. One down ...two to go!


lrhall41

Submitted by toledoguy030 on Wed, 05/14/2008 - 10:06

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We appreciate you contacting us on May 13, 2008, concerning your account.

We can place a stop payment on these transactions. Please note, there is a $32 fee to place a stop payment. If you would like to dispute these transactions, you will need to fill out an affidavit of fraudulent activity. We can mail this form to you or you can get one at your local branch. This form must be notarized. To find the nearest branch to your location, please select the Locations link listed on the top right side of the web address listed below. If you need further assistance, please contact us.


I just received this from my bank...is this normal...there is a fee to revoke transactions? i just said i wanted to revoke transactions from three companies per my rights to the EFT ACT...any ideas where to go from here?


lrhall41

Submitted by toledoguy030 on Wed, 05/14/2008 - 10:30

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Stop payments will not help. It is a waste of money. They use so many different names that if they can nit get money from one name they will just use another. Either the account needs to be closed or a hard debut block put on. Dont waste money on stop payments that will not do anything and may infact make matters worse.


lrhall41

Submitted by kashzan on Wed, 05/14/2008 - 10:33

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i already said no thank you to that...since i am out of town until next friday for work...so i just said i will chance it. i was talking to a girl i work with about this and her friend is an attorney...she said to copy her on all of the letters i send to the PDL companies and she will handle their calls pro bono...she said this is ridiculous. so she said let them try and debit the account...she will go after them. so we will see...it worked for the first one.


lrhall41

Submitted by toledoguy030 on Wed, 05/14/2008 - 10:45

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