Oxford Management took payment w/o authorization after DV

so these nuggets tried again this friday to take money from fiance's acct. with no authorization to do so. w are forced to change the acct # and bank is looking into removing any fees.

should we contact a lawyer about this as there was no written or verbal authorization for the attempted payments they made

there are a few things you need to look into.

first, did she sign any agreement, or was there anything to agree to online(if this was an internet payday loan)? If so, she needs to look closely at what she agreed to--lots of payday lenders include a clause that states that you agree that they have the right to take money from this account and any future accounts. ALWAYS read the fine print...

Second, as I mentioned PDL's, this sounds a lot like payday loan practices. Is that what the debt is? Most payday lenders are operating illegally and therefore they act outside the laws as a matter of routine. You need to check with your state's laws--in many states, businesses must be licensed with the state in order to conduct any business there. Most payday lenders are not licensed in the states they lend in. If this is the case, and even if it isnt at this point, I would recommend that you file a formal complaint with your state's attorney general's office, and possibly the banking commission as well depending on your state laws.

Third, there are some states that have within their consumer protection laws a statute that forbids creditors from refusing a payment. Well, not exactly forbids them from it, but some states have a law that actually cancels the debt out if the creditor refuses to accept a bona fide payment. You may have a shot at something there since they refused to accept your payment by any other method--then again, you may not. But I would definitely look into that.

If you find that your state requires licensing, and they are not licensed, then the loan is illegal and collecting on it becomes an interesting issue. I remember one court case that was talked about in here, where a woman offered PDL services in states that she wasnt licensed in. The judge ordered that ALL of those loans were null and void---she was not able to try to collect a penny from any of those people--because she acted outside the laws of the state.

thanks for the response

Actually this debt id from a credit card. Never should have gotten sent to collections but that is her fault. I will look into what the state laws have to say about payment refusal

ezrunner sounds like this company is in violation of the fdcpa, if you sent that DV letter out within that 30 day window- and they continued to collect (and obviously they tried) you have yourself a civil suit against them. Yep, they definitely need to be reported, those are some underhanded collection practices if ever I seen any. :?

To the Guest above-Oxford is not a PDL but a collection agency. Shazzers is right on the money about the fdcpa.

DV was sent outside of 30 days mostly to stop the calls

she mad one payment the second scheduled payment they screwed up. then wouldn't take her acct to make payment ofered a couple options but thy would only tak ach from another acct. they weren't gonna get mine.

then after they got DV the sent a letter stating they would take a payment on the next friday to which there was never any agreement verbal or written.

Did you ever revoke their right to ACH transactions on any of your personal accounts? You can actually do this verbally also, of course it's always best to do it in writing so you will have a paper trail. Make sure you keep a copy of that DV letter, and the green slip showing they received it. Unfortunately, since you sent that letter outside the 30 day window, I don't think they have to stop collection efforts, but that still doesn't give them any right to debit your account, unless they had something in writing signed by you stating they could, and even that can be revoked.