Help or advice about a collection agency - amahurst

aerogirl....

I am confused here---did you pay the money you got from your family member AND they took the money out of your account as well?

Part of the problem here is that you are not sure who you set up payments with. That is not a good sign because you appear to indicate that you handed your financial information over to parties somewhat unknown to you. Rule of thumb: never talk to debt collectors on the phone and never hand them your financial accounts information.

Now to a possible plan of action for you...I suggest that you immediately file a complaint with your banking institution and dispute the charges to your account -- some banks call this an 'Affidavit of Dispute'. Close your present bank account so that it cannot be further levied upon (you will have to bring the balance into the positive in most cases).

Send the debt collector, once you have identified the proper debt collector, a debt validation letter (DV letter) through USPS Certified Mail Return Receipt Requested (CMRRR). In your DV letter, include a notice that you revoke any permissions to the debt collector to assess your financial accounts, also inform the debt collector that "it is inconvenient for them to contact you at any time" and that all future communications should take place through the mails. Why? Because as you have learned, debt collectors are not above lying over the phone.

I also suggest that you file complaints with the Attorney Generals of the states involved -- that is, your state and the state that the debt collector is operating out of. Also consider filing a complaint with the Better Business Bureau AND the Federal Trade Commission.

Do not let this debt collector off of the hook. You might want to obtain a copy of the Fair Debt Collections Practices Act (fdcpa) and read it, notating the violations that the debt collector has broken so far.

However, if you feel overburdened, I suggest and urge you to consider hiring a lawyer to go after the debt collector or at least a lawyer who can inform you of your rights under the law in this matter.

Good luck.

Good advice...particularly about closing the current bank account. And if it is overdrawn and the bank won't close it, at least quit using it and ask the bank to put a freeze on it if possible. Then open up another account at another bank and don't give the collectors in question THAT info.

If you dispute the transaction with your bank they should reverse the fees as well which will make it not overdrawn and therefore allow you to close the account. The bank will investigate and if they decide the charges were valid then they will reapply them but hopefully the dispute will stand.

Never give your banking information to any collector EVER. Never send them one of your checks EVER. In the future tell them the only way you will make payment is with a certified check through USPS. If they say they can't take a certifed check via mail tell them to bad then because that is the only way you are paying per your lawyers direction.

Whoops I forgot about asking to reverse the fees. Most banks will do that as long as there is a dispute going on.