Unsubstantiated harrassment
Date: Sun, 07/22/2007 - 13:04
I've purchased three trees from a local nursery on 05/04/06 worth approx $750 on a 12 months no interest term. I've notified the nursery shortly thereafter that I must secure the HOA's approval before planting and in late July 06 they came in and planted the 3 trees. Only one tree survived the winter and when I called the nursery said NO warranty. ALTHOUGH DISAPPOINTED I'VE PAID MY BILLS IN FULL. All payments were made ON LINE including the last one for $159.00 on 05/04/2007. I was surprised by a collectors' call on Sunday 07/22/02 at 10:30am Vegas time. A lady said I was behind on my debts . When I've explained to her that my last payment was made ON LINE on 05/04/07 she said it was posted two days later and that is the reason why I must pay $275.00 more for accrued interest. I've argued that on line payments rarely missed the due dates and told her that I will write the Better Business Bureau on this case. I'VE ALWAYS PAY ALL DEBTS BEFORE OR RIGHT ON TIME AND HAVE ESTABLISHED EXCELLENT CREDIT RATING . This collector's call & explanation, in my humble opinion, is unjust. May I ask you for advice ? Thanks in advance for your assistance.
Sincerely
NAME REMOVED
PS My e-mail EMAIL REMOVED
Personal information removed for your safety. -DC
National Association of Consumer Advocates may help: http://www.
National Association of Consumer Advocates may help: http://www.naca.net/
That is a doozy, all over two days. However, the legality of
That is a doozy, all over two days.
However, the legality of this matter lies in the fine print on your contract. I know that when I make a payment online to my credit card (HSBC), it always says "payments will post to your account the next business day." Or in other words, if I want to make the payment by the due date, then I need to initiate the online payment at least 1 business day before it's due.
However, most websites I deal with do tend to post payments the same day (Discover, Kohls, Verizon) as long as it's made before 2pm.
So it really does depend on the 'fine print.' If it is simply a posting error that caused them to post your payment two days later, then they should not be charging you interest over it.
If they have previously disclosed to you that payments made online are posted the next business day, then you may legally owe interest. However, when they calculate interest, they should be calculating it based on your daily balance throughout the term of the note. Since you had been making payments all along, and your balance was indeed going down, then they cannot charge you 12 months interest on the full $750.
In any case, do file a complaint with the BBB. Most times a legitimate business will correct the situation in order to avoid a blemish on their own consumer report.
Do you have the address of the collection agency that called you
Do you have the address of the collection agency that called you up? If yes then send them a DV letter via certified mail with a RRR. The best way to get out of this mess is to talk to the original creditor. Sort out the matter with them Tell them about the call you received from the CA.
Under the fdcpa, a collection agency must send you a written notice with in five days of its first contact. The written notice must include:
(1) The name of the original creditor to whom you owe the debt
(2) The amount of the debt
(3) A written statement that if you do not send a DV letter within thirty days after receipt of the notice, then the debt will be assumed to be valid by the collection agency
(4) A statement that if you dispute the debt in writing within the thirty-day period then the debt collector will mail the verification of the debt.
(5) A statement saying that if you request the name and address of the original creditor, then the collection agency will provide you the information.
If the CA does not send you a written notice including these specifications, then it is in violation of FDCPA.
Did you get such a notice from them? If no, then the next time they call you, tell them about the notice. Show them that you too are aware of the laws.
