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What Can I do about an agreement with the collection agency?

Date: Sat, 10/14/2006 - 08:42

Submitted by anonymous
on Sat, 10/14/2006 - 08:42

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Total Replies: 12


If you make an agreement with a collection company to pay with post dated checks and the collection company tries to cash the checks before the day you agreed upon what can you do?


I don't think there is much you can do, only hope that they don't do that. I wouldn't trust a collection agency or give them my account info. I would tell them the only way you could pay is by money order. Tell them you don't have a checking account or credit card, then they have no option, except to say to wire it, I would insiste on a money order.


lrhall41

Submitted by WHEREAMI? on Sat, 10/14/2006 - 09:27

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Once you realize about this kind of unauthorized debit, go to your bank and tell them that there has been a fraudulent activity within your account. Explain that you want to file a dispute and you need their assistance on this according to the Federal Regulations E.

Tell your bank the truth. This is believed to be an unauthorized charge if done before the due date. Keep emphasizing on the fact that you never authorized anything. They should help you in getting the charges reversed by the collection agency.


lrhall41

Submitted by orake on Sat, 10/14/2006 - 09:52

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It is illegal to cash your check even a second before an agreed upon date. You can take legal action. You should recieve a letter 2-3 business days prior to any check posting to your account in their office. Then depending on type of payment ACH or duplicate check it would take anywhere from within 24-48(ACH) hours to 2-3 business days (dup check).

Make sure you know what type of transaction you are agreeing to so you know what is going to pass through your bank because that will also be a record of payment.


lrhall41

Submitted by FYI on Sat, 10/14/2006 - 20:28

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I had made arrangments with a local collection agency on an old medical bill of my husband's. I knew they were reputable and I had dealt with them previously. I had them set up an automatic withdrawal from my checking account each month and they always honor the date. Also, they always send a letter about a week before the withdrawal date to remind me. I would be leery about other collection agencies though. :roll:


lrhall41

Submitted by Cow & Chicken on Sun, 10/15/2006 - 08:02

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I'll have to look at my manuel from work, which is at work. I'm not good at citing things that I haven't commited to memory. But I do know it is illegal. It should be somewhere in the fdcpa but i can't recall exactly where.

They are required to send you notice three - ten business days prior to the posting of your check into their system to remind you to have suficiant funds avaliable incase you forgot.


lrhall41

Submitted by FYI on Sun, 10/15/2006 - 11:16

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This is your banks fault and you should contact them. This is one of the reasons why their is a "date" section on a check. bank personnel are not suppose to cash a check prior to the date printed. Also in the future write your "date" REALLY big on the check. This does seem to help!


lrhall41

Submitted by on Sun, 10/15/2006 - 16:56

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Quote:

If you make an agreement with a collection company to pay with post dated checks and the collection company tries to cash the checks before the day you agreed upon what can you do?


This is why I always say NEVER give ANY collection Agency or a Collection Attorney your Checking , savings or Credit or Debit card numbers. Insist that part of any payment arrangement is that payment be mailed to them. Make those payment only by Money order, certified or cashiers check and send Certified Mail Return Receipt, pr Priority mail with Certificate of mailing and delivery confirmation. All in all this will cost you between $4.00 and $6.00 per payment,but the piece of mind is well worth the price.


lrhall41

Submitted by LCW on Wed, 10/18/2006 - 06:12

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Quote:

The only state is MA. No post dated checks can be accepted from this state.


Requesting a post dated check is also illegal in Illinois. It is different if the consumer asks to post date a check, but a Collector or any business requesting a post dated check is a violation of Illinois State Law.


lrhall41

Submitted by LCW on Wed, 10/18/2006 - 06:15

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