Can this happen legally !?
Date: Thu, 07/09/2009 - 06:56
thanks !
Got my checking account statement today, and found a "check payment" that I didn't recognize that was debited from the account. I went to my bank and found it was FIA Card Services. I do have a B of A credit card account with them which I unfortunately haven't been able to pay as agreed. My checking account is with a different bank (not B of A).
The sent me a letter last month, "confirming my conservation agreeing" to a settlement offer with graduated, increasing payments. I have had NO phone conservations or other correspondence with them. I didn't respond or authorize them to take any money out of my account, as I can't afford the ballooning payments.
But they somehow faked a phone-authorized check, with my bank's name and account number on it, which my bank accepted.
I have been making small, "good faith" payments with them, but with money orders. I did use the checking account to make payments when I was able to stay current with payments. But I have another checking account, with another bank, that I had used as well and they didn't mess with that one.
I have filed a fraud complaint with my bank, and I may have to close the account there.
I have two other B of A accounts that were charged off and sold to collection agencies. I don't know why they are treating this one differently, except that it was originally a Fleet account that was taken over by MBNA, which was then taken over by B of A.
I have a credit card linked to the checking account with overdraft protection, on which I am staying current, and which has space available on it for the total amount they want. I suspect they must somehow know this?
I can't believe this is legal. My guess is that someone in collections was desperate for a commission and stepped over the line?
Do the creditors have a way to find out what bank accounts you have (even if you have never used it to pay them), and whether they are linked to credit cards with overdraft protection?
It's call the "Right to Offset" and is normally written into the
It's call the "Right to Offset" and is normally written into the cardholder agreement. FIA and MBNA are BofA and it is never a good idea to default on a credit card with the same company you bank with.
I was the poster of that experiece with BofA/FIA card service.
I was the poster of that experiece with BofA/FIA card service. What happened had nothing to do with the Right to Offset, as the BofA credit card was not connected to the bank where I had the checking account that was raided.
This was fraud on the part of the BofA collecter. I complained to the Office of Comptroller of the Currency, and I did get my money back.
I also consulted with a lawyer thru email, and he said I probably had a case, but the payoff (less than $5K) would be too small for him to bother with.
If you do want to pursue taking them to court, this board is a g
If you do want to pursue taking them to court, this board is a great help.
