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They found my new account number!!!!

Date: Sat, 05/10/2008 - 08:25

Submitted by anonymous
on Sat, 05/10/2008 - 08:25

Posts: 202330 Credits: [Donate]

Total Replies: 54


Hi. I live in Mississippi. I have a store-front loan that I have made payment arrangements for and I have already made one payment to them. I closed my old account and opened a new account at a different bank. When I woke up yesterday morning, there was a ACH transaction from this company. I have no idea how they got my new account number. I had to pay my bank $29 to stop this transaction...that I did not authorize in the first place. Is this legal?


Your new bank probably pulled a chexsystems report, which will show as an inquiry. the pay day lender (storefront or internet) can pull a checxystems report and see which banks have made any inquries recently. You agreement with the pay day lender probably gave them the right to debit the account you used to get the loan as well as any future accounts...this is typical. All they have to do is contact your new bank that they found through checxsystems and let them know that they have authorization to debit the account.


lrhall41

Submitted by on Sat, 05/10/2008 - 10:39

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if the payday lender contract gives permission to debit any account, then no, this is not illegal. 99% of payday lender contracts have this clause.


and as mentioned earlier, checksystems is a good giveaway leading the pay day lender to where you might have a new account.


lrhall41

Submitted by on Sat, 05/10/2008 - 13:02

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That's very scary knowing that they can legally debit an account you didn't give them the information for. So basically it seems if you get a PDL you're not even safe from them even if you close your account and change banks & account numbers. It's just not right they can do that to people.


Johnita


lrhall41

Submitted by johnita on Sat, 05/10/2008 - 17:33

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jon1972-It is not against the law....and if the PDL shows the bank a contract giving permission to debit ANY account EVER, then no the bank should not also be fined.

The poster of this thread just needs to tell the PDL to stop debiting....this can be done in writing by revoking ACH rights to that account and any account ever.


lrhall41

Submitted by volleyballmom on Sat, 05/10/2008 - 18:09

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BOY...PDL's can be sneaky!! That happened to me once. A PDL took money from an account I NEVER gave them. And I got the PDL off the Net. I suppose they 'search' for any OTHER accounts you may have..i don't know for sure, though. But, a 'store front' PDL? How WOULD they know another account number you may have? You WOULD have to have given it to them..some way.


lrhall41

Submitted by sdchargers_63 on Sat, 05/10/2008 - 19:35

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Do they always check chexsystems when you open a bank account? I had gone to another bank and got a new account. I did have one already with the new bank but did not use that one as it was opened when I was 16 with my mother's name attached. I have had it for over 16 years now. Anyway how do we find information out about out chexsytems report?


lrhall41

Submitted by mandywebb372 on Sun, 05/11/2008 - 17:18

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Just FYI, a Universal Authorization is illegal. In fact, it's illegal to even debit the same account for either the wrong date or wrong amount. You guys are giving out some seriously wrong advice. I can write in a contract that I can knock you over the head whenever I feel like it...that doesn't make it legal. Jon 1972 is right.
Regarding pdls talking to each other, they hate each other. They are competing for your money. Why, when they know you have limited funds, make their own collections more difficult? I'm not trying to be mean, but some of the theories you pass as truth are just absurd. They get your account info by calling the bank with your ss# since they have your information already. That's why you switch banks, not just accounts. Sometimes they'll run reports looking for new account openings. Other times, you apply to a lead generation company that sells them your information. They do not call each other up and say "Hey man...got new accounts to debit for xxx?".

Regarding the EFTA and Universal Debit Agreements..

???? 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.

Regulation E
Section 205.10 Preauthorized transfers
Requires financial institutions to provide the consumer with some form of notice that electronic transfers that recur at substantially regular intervals, such as the direct deposit of salaries or benefits and the preauthorized payment of bills, occurred as scheduled.

These are just the ones that require notice. Pretty much every pdl violates this...just in case you ever needed different angles


lrhall41

Submitted by james on Sun, 05/11/2008 - 18:02

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Quote:

Regarding pdls talking to each other, they hate each other. They are competing for your money. Why, when they know you have limited funds, make their own collections more difficult? I'm not trying to be mean, but some of the theories you pass as truth are just absurd. They get your account info by calling the bank with your ss# since they have your information already. That's why you switch banks, not just accounts. Sometimes they'll run reports looking for new account openings. Other times, you apply to a lead generation company that sells them your information. They do not call each other up and say "Hey man...got new accounts to debit for xxx?".


I stand corrected. Except, many of these pdl companies are connected, or they change their names, in which case I could see where it would be possible for that to happen James. Here's my example, let's say you already have a loan with pdl A and you default, then you get a loan with pdl B, not knowing they are the same company with a different name. This is what I meant when I said pdl's share information.


lrhall41

Submitted by Shazzers on Sun, 05/11/2008 - 18:09

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Here's the NACHA interpretation proving that it is absolutely illegal.


SUBSECTION 2.12.2 Source Documents

For a POP entry, a check or sharedraft provided by the Receiver at the point-of-purchase must be used by the Originator as a source document for the Receiver????????s routing number, account number, and check serial number. The source document must be voided by the Originator and returned to the Receiver at the point-of-purchase. Only a check or sharedraft that (1) contains a pre-printed serial number, (2) does not contain an Auxiliary On-Us Field in the MICR line, and (3) is in an amount of $25,000 or less may be used as a source document for a POP transaction.


lrhall41

Submitted by james on Sun, 05/11/2008 - 18:47

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I agree with this. If you do default with a PDL, they can try and 'catch' it by giving you another 'opportunity' to sign up with a ANOTHER PDL ad, on the Web ( of course, it's the SAME one, but you don't know it at the time). When you 'successfully' sign up, with the OTHER one, that's where they 'got ya.' A scary system....isn't it? Even if you change banks, NOT just accounts ( at the SAME bank) a PDL company can find out.


lrhall41

Submitted by sdchargers_63 on Sun, 05/11/2008 - 20:18

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james-this has happened to some of our very own members here....new accounts debited.

If its illegal, then why are the banks honoring them?


Quote:

Sometimes this whole forum thing still gets me.


What do you mean by that comment?

Quote:
I'm a "guest" and someone really deserves it.

Guess we know who our mystery guest has been....why not just post as yourself?


lrhall41

Submitted by volleyballmom on Mon, 05/12/2008 - 05:24

( Posts: 4143 | Credits: )


I received a refund in my new checking account from Cashnet USA. They stated I was due a refund of interest, however, they were going to deduct it from the amount I still owe them. Today, I checked my account with the bank and there were 3 small deposits totaling $50. I did not give them my new information. I called the bank, they said the ACH department probably received the deposits and didnt know where to put them as the original account was closed. They are checking into it. I checked the website for Cashnet USA. They do not have my new information in my profile. I am worried now that they will start taking money from my new account. The bank said that is not legal, but I may have to put a Hard Hold on my new account, as they could try and it would tie up my money. Any suggestions? I had 3 accounts with the bank. I closed the main account, and kept the other two open so I could get my paycheck. My employer requires direct deposit and I also have some legal debts that have to be a direct debit.


lrhall41

Submitted by on Wed, 05/14/2008 - 06:50

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I just received a phone call from my bank. They state that the refunds came through and rejected off my old account. They chose to put the money in my new one. They do not release any new account information to the company. Just in case any body else runs into this! They can not debit the new account as they do not have an authorization to do so, and they can not get the information from the bank as that would be a breach of security.


lrhall41

Submitted by on Wed, 05/14/2008 - 06:54

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My bank informed me that it is illegal for any company to debit an account that has not been disignated on the loan. In other words, if a PDL debits a new checking account with out a written authorization it is condsidered fraud and can be disputed. They are not legally allowed to debit an account with out an authorization strictly for that account. I have heard this elsewhere also.


lrhall41

Submitted by on Wed, 05/14/2008 - 07:52

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