Conciliation Court Friday-HELP!
Date: Wed, 04/21/2010 - 16:49
I am scheduled to appear at a hearing on April 23, 2010 in Minnesota vs. a debt buyer known as Bridgestone & Associates, LLC.
They bought my debt from US Bank for a checking account that I had issues with. My issue was back in 2008- I had deposited my check into my account at 8:00 pm via the ATM deposit option. I had done this for over a year and the check had always cleared by Saturday morning at 9:00 am. Knowing that the bank has the right to hold a check for ANY reason, I did not use my account until the following morning.
Friday night- my boyfriend and I left for a trip to Ohio. I had called the US Bank number on the back of my cash card to make sure my funds were available. It stated my balance and I purchased gas. I continued to balance my check book (the old fashioned way with my register and pen!) and continued on our trip. When I returned home Monday- my branch had left a voicemail requesting I call them. I went in to the location instead and found out MY ENTIRE ACCOUNT had overdrafted! I deposited $100 hoping that would stop the fees.. but that was just the beginning. The bank reversed 3 overdrafts for me, but the money that I had deposited was eaten by these fees and I was left with tons more. Unable to pay this, I asked them to close my account and I would make payments.
December 2008- I lost my job. My payments on the overdrafts stopped and my account was sent to collections, which is where I ASSUME Bridgestone made their purchase of my account. They contacted me by phone MONTHS later, may have been caused by a move I made to a new home, as my phone number has never changed. I was contacted by a Brad Peterson.
Mr. Peterson was passionately rude about the situation. He first contacted my boyfriend, we share a cell phone, and spoke about my account to him. Which I know he is considered a third party. Peterson called from several different numbers and varying times of day. My boyfriend was the primary one to answer the phone, he takes the phone with him to work, and at that time was coming home around 10:00 pm at night.
Once I finally got in touch with Peterson-I stated that since the account I lost my job, we were homeless for awhile and also gave birth to my first child in 2009. *Please refer to document for more conversation details* He stated to me that I should've called them to let them know what was going on whether I was having a child or not. I apologized for not making him first priority, and I admit to foul language due to feeling verbally assaulted.
I had asked Mr. Peterson how to resolve this situation, etc. and he stated "Money."
On every occasion, Peterson continued to harass me for the situation to be handled. I would like the courts to hear the recordings, that are supposedly occurring during the conversations. Peterson did not recite me the mini-Miranda or make me aware of my rights. This may be a reason for their complaint history.
I never received any paperwork in the mail, certified or not, until I received the notice for hearing. Being 21 years old, and never having dealt with a collection practice- I know I'm ill-prepared and feel that I'm being targeted and expected not to request due process.
I would like to demand debt validation and if this cannot be provided I move that the case be dismissed with prejudice. I am currently unemployed and am receiving assistance from Dakota County with no assets to recapture. I feel that originally US Bank had made a predatory lending towards my account with the excessive charges knowing I could not catch up. I did make payments to the account to alleviate the overdraft fees, but was unable to continue paying the extreme fees required.
Where do I go from here??? What should I present in court??? Is there a way out???
-Shana
They bought my debt from US Bank for a checking account that I had issues with. My issue was back in 2008- I had deposited my check into my account at 8:00 pm via the ATM deposit option. I had done this for over a year and the check had always cleared by Saturday morning at 9:00 am. Knowing that the bank has the right to hold a check for ANY reason, I did not use my account until the following morning.
Friday night- my boyfriend and I left for a trip to Ohio. I had called the US Bank number on the back of my cash card to make sure my funds were available. It stated my balance and I purchased gas. I continued to balance my check book (the old fashioned way with my register and pen!) and continued on our trip. When I returned home Monday- my branch had left a voicemail requesting I call them. I went in to the location instead and found out MY ENTIRE ACCOUNT had overdrafted! I deposited $100 hoping that would stop the fees.. but that was just the beginning. The bank reversed 3 overdrafts for me, but the money that I had deposited was eaten by these fees and I was left with tons more. Unable to pay this, I asked them to close my account and I would make payments.
December 2008- I lost my job. My payments on the overdrafts stopped and my account was sent to collections, which is where I ASSUME Bridgestone made their purchase of my account. They contacted me by phone MONTHS later, may have been caused by a move I made to a new home, as my phone number has never changed. I was contacted by a Brad Peterson.
Mr. Peterson was passionately rude about the situation. He first contacted my boyfriend, we share a cell phone, and spoke about my account to him. Which I know he is considered a third party. Peterson called from several different numbers and varying times of day. My boyfriend was the primary one to answer the phone, he takes the phone with him to work, and at that time was coming home around 10:00 pm at night.
Once I finally got in touch with Peterson-I stated that since the account I lost my job, we were homeless for awhile and also gave birth to my first child in 2009. *Please refer to document for more conversation details* He stated to me that I should've called them to let them know what was going on whether I was having a child or not. I apologized for not making him first priority, and I admit to foul language due to feeling verbally assaulted.
I had asked Mr. Peterson how to resolve this situation, etc. and he stated "Money."
On every occasion, Peterson continued to harass me for the situation to be handled. I would like the courts to hear the recordings, that are supposedly occurring during the conversations. Peterson did not recite me the mini-Miranda or make me aware of my rights. This may be a reason for their complaint history.
I never received any paperwork in the mail, certified or not, until I received the notice for hearing. Being 21 years old, and never having dealt with a collection practice- I know I'm ill-prepared and feel that I'm being targeted and expected not to request due process.
I would like to demand debt validation and if this cannot be provided I move that the case be dismissed with prejudice. I am currently unemployed and am receiving assistance from Dakota County with no assets to recapture. I feel that originally US Bank had made a predatory lending towards my account with the excessive charges knowing I could not catch up. I did make payments to the account to alleviate the overdraft fees, but was unable to continue paying the extreme fees required.
Where do I go from here??? What should I present in court??? Is there a way out???
-Shana
I would pull copies of your checking account showing your patter
I would pull copies of your checking account showing your pattern of deposit. I am assuming this was your paycheck. Normally when I would deposit after 6pm I could withdraw a portion of it but would have to wait until it posted or showed no longer pending.
Did you record the calls? Or are you refering to the CA recording. Most CA's recyle the tapes on a regular basis so if you are refering to them, they already gone.
