collection agency said my payment was returned for NSF...
Date: Thu, 02/09/2006 - 15:52
I just found this forum a few days ago and I have learned soooo much--- wish I'd found it sooner.
I was hoping I could get some insight on a current situation I'm dealing with.
I had some credit card debt that was turned over to a collection agency. I talked to the collector on the phone a few weeks ago (from NCO Financials) and he was reasonable and agreed to a settlement with payment plan. (NCO sent me a letter offering the settlement, which I still have).
I wrote down all the terms of the payment plan as we were discussing it and asked him to send me a letter stating the repayment plan we agreed upon. Here is the part where I really wish I'd been better informed-- unfortunately, I gave the guy my bank account number-- now I really wished I had insisted on making the payments through the mail.
Anyway, the payment was set to be taken out Jan. 31. I made sure there was more than enough money in my account to cover it and the payment never came out. I decided to wait a week or so. Still nothing. THe money is still in my account.
Today, I get a message from the collector telling me to call him as soon as possible because my payment was returned for insufficient funds. I know this is not possible and my bank statement proves it. Unless he had the wrong account number I can't understand how this is possible.
Do you think he may be trying to scam me in some way, like maybe try to penalize me for a "late payment"? I've never really dealt with a collector before but I'm not certain they wouldn't try to pull something like that.
I returned the guy's call when I got home from work. (I have repeatedly asked not to be contacted before 5 p.m.-- I'm about to send a letter requesting only mail contact--- another good tip!) But of course he was not there.
I'm willing to give this guy another chance to talk on the phone because he was polite the last time I talked to him. When I do get in touch with him again, I plan to explain to him that my account had sufficient funds and if he tries to charge me with a late fee or something, I'm prepared to call my bank and see if they can tell me whether the CA even attempted to withdraw that payment. THe only other thing that occurred to me was if he tried to withdraw a much larger amount than what we agreed upon (another reason I'm kicking myself for giving him my info!).
I'm going to insist on making my payments through the mail only. If I send them a letter that requests they do not use my account to withdraw payments anymore, is that effective in the same way as a letter asking to cease telephone contact? I'm just wondering in case I do send the letter and then they withdraw from my account, could my letter be used against them?
I know this is a bit of imagining the worst case scenario on my part but I want to be prepared when I talk to this guy again.
Does anyone else have any advice for me in this situation or faced a similar situation? Any suggestions would be much appreciated!!
Thanks!
Hi rlobster Do you have this whole agreement with the collect
Hi rlobster
Do you have this whole agreement with the collection agency in writing? If so, then the account number also be placed here and you might have cross checked it. Call the person again and ask him to verify the account number. It's simple enough to solve the problem if that person has hit your account with a wrong number.
The rep should not try to withdraw more than the agreed amount as per the contract. Otherwise, it will result a breach of contract and the doors of lawsuit will open against this collector. So, I think, you should get the account number verified once again.
If you mention the point that you want to be contacted by mail only, send a cease and desist letter stressing refusal to all telephone calls. This is also a federal weapon with which you can armor yourself against the collectors.
Regarding your payments through mail, it will only become legally effective after the collector has acknowledged it in writing. He must give a written consent on behalf of the company that your bank accounts will not be used for further recovering the debt. Only your payments will be accepted through mail as per the consumer's request. This statement has a legal importance and can be used for defense.
Being pro-active is the best way to deal with the collection agencies. You are doing right by covering your basis from all corners. Remember, have everything in writing from the collection agencies. They can back off from their words anytime if it is done verbally.
thanks!
Thanks for your insight.
I requested the terms of the payment plan in writing and he said he would send it right away. I still have not received it and again, as I mentioned before, I really wish I would have found this forum before then because then I would have known not to give any account info until I got the terms in writing.
I am hoping he wrote down the account number wrong and that is the only problem which is why I want to talk to him in person. If he does not return my call tomorrow, I will call him as soon as I get off work. I'm sure he will call though-- they always call, don't they? :)
Like you said, I just don't want to have any surprises such as being slammed with a late charge or being accused of breaching the terms of the payment plan for having a "late payment" when the mistake was on their part. I just know that I can get flustered in these situations so I want to be ready so I can present my case in a clear, calm and reasonable manner.
I have another question that is sort of off topic so I hope no one minds I post it here:
I've read several posts where the poster said they were contacted by the collector after the collector read their post on this forum. Is it really possible for the collector to figure out you are posting about your experience with them here? Especially if you give very limited specific details? That was just kind of scary to me. I know they cannot take any action against you for that but it is still creepy if they are scoping these forums looking for people..
Thanks again...
Quote:I've read several posts where the poster said they were co
Quote:
I've read several posts where the poster said they were contacted by the collector after the collector read their post on this forum. Is it really possible for the collector to figure out you are posting about your experience with them here? Especially if you give very limited specific details? That was just kind of scary to me. I know they cannot take any action against you for that but it is still creepy if they are scoping these forums looking for people.. |
Hmmm..I don't think you or anyone should fear as long as you are cent percent right in whatever you are doing to resolve your debt accounts. You will still be doing the same things if you were being contacted by the collector in person also. Forums are an open platform and can be accessed by all. But remember, you do not submit your personal information in such open spaces. Not only collectors, but any individual having unfair tricks boiling in their mind will be keeping a close eye. Submit your information online only in places which are meant for your eyes only.
rlobster, keep a close follow up with the collector so that he sends the agreement to you in writing. Everything is fine till now and you just need to make your approach stronger.
Keep in touch.
This guy is pulling a scam. Hes lying about the check being NSF
This guy is pulling a scam. Hes lying about the check being NSF because he hasnt cashed it... hes waiting till you mail annother at which point hell cash them both and therefore gets double the commission! You would have an NSF note or charge on YOUR account if the check bounced.
update.. sort of
well, the guy from NCO didn't return my call today so I tried to call him again this evening.
Guess what? His mailbox was full so I could not leave a message. I thought that was interesting. I'll keep trying though.