Debtconsolidationcare.com - the USA consumer forum

Husband gave bank info over the phone, anything I can do now

Date: Thu, 02/15/2007 - 18:49

Submitted by charitygrace23
on Thu, 02/15/2007 - 18:49

Posts: 3 Credits: [Donate]

Total Replies: 9


Allied has been calling my home for about 6 months, I found your site, warned my family, and the last time they called, I told them that they had the wrong number, to take me off the call list, and that they were being recorded. The calls stopped, so I thought we were ok. I got an email from my husband yesterday, stating that a collection agency had been calling his work, and left a message with the office manager that if he didn't call them by 1 pm yesterday, that they would be speaking to his boss to arrange wage garnishment. This must have scared him to death, because he called him right back, and set up automatic payments from our bank account to the tune of 600 bucks for 6 months to settle a student loan from 1991. I asked him if the compnies name was allied, adn he sad yes. I was red in the face...I warned him 6 months ago!!!!!

Long story longer, I clled today to speak to the gal, who wasn't available, to ask her when she was going to fax the validation she promised to send. Is it too late to tell her to shove off? My intention, ( when I finally DO get her onthe phone) is to tell her a) she is being recorded b) she needs to remove us (ALL numbers) from the call list c)I am retracking any verbal agreement to withdraw funds from our account. ( is this something that I can even do?)
My bluff will be to tell her that I will just close my account if she doesn't agree, and just to be sure, I will alert my bank to deny any authorizations to this company, without calling to comfirm with me.


I am just wondering what I can do at this point...I am assuming that the SOL on a student laon from Kansas in 1991 is way past????

any help would be wonderful! thanks, Charity


You need to prepare a letter to Allied stating that you are revoking authorization to make any debits from your checking account. Fax it and send it certified mail just to cover it. Make sure you save a copy and show a copy to your bank. If you still feel a little unsure, ask your bank about blocking all debits from Allied.


lrhall41

Submitted by PinkLady on Fri, 02/16/2007 - 07:29

( Posts: 1720 | Credits: )


You need to prepare a letter to Allied stating that you are revoking authorization to make any debits from your checking account. Fax it and send it certified mail just to cover it. Make sure you save a copy and show a copy to your bank. If you still feel a little unsure, ask your bank about blocking all debits from Allied.


lrhall41

Submitted by PinkLady on Fri, 02/16/2007 - 07:30

( Posts: 1720 | Credits: )


For starters, there is NO SOL for student loans.

Secondly, if you cancel the PDC's, they will initiate administrative wage garnishment. They are not required to take you to court for this type of garnishment. If the student loan guarantor was kept up to date with mailing information, you would have received notices. It is likely that the pre garnishment letter has already been sent. They will be able to get 15% of disposable wages.


Thirdly, you cannot cease a CA from calling you verbally. The fdcpa requires it be done in writing.
In a situation of a work phone, you can tell them that you are not permitted to have calls at work. But for a home phone it must be done in writing.

Allied is a vendor for the US Department of Education and many FFELP lenders. They are big players in the student loan collection industry.


lrhall41

Submitted by SOAPLADY on Fri, 02/16/2007 - 19:14

( Posts: 17315 | Credits: )


Yes, there is no SoL for student loans and they will garnish your wages. To be totaly honest I am suprise they haven't done so already.

My spouse and I got screwed by TG. They were calling on behalf of two student loans however they only ever identified one and we got it taken care of. They still continued to call and we were believing that they were calling on the one that we had already taken care of. A week later his wages were being garnished because they put down that we were refusing to pay, which we weren't they just never told us they were calling in reguards to one that we thought was consolidated with the other.

What really sucks is that they are garnishing far less than what I was willing to set up with them to get this taken care of. It was explained to me that even if I sent in payemnts the garnishment would still continue. So until I feel less angry with them I'll just send that money to the other loan.

The wage garnishment for the state of Texas is 15%. I'm just fortunate that I work as well or we would really be hurting. You do not get a choice to not pay back a student loan. Either you can do it voluntary or involuntary and I'll tell ya this. Voluntary is way better for your lifestyle and your credit report.


lrhall41

Submitted by FYI on Sun, 02/18/2007 - 09:23

( Posts: 1950 | Credits: )


I know of only one instance where somebody got one over on their student loans. They refinanced them privately and then a few years later turned around and filed a Chpt. 7 and got them abolished. That really ticked me off, they were proud of that. I had told them that student loans are never written off in bankruptcy and then she came to work smiling saying, "They are when they were refinanced privately". TICKED ME OFF, I'm still paying on mine and would never have asked that they be forgiven only in the event of a catastrophic life event.


lrhall41

Submitted by WHEREAMI? on Sun, 02/18/2007 - 09:44

( Posts: 5263 | Credits: )


I only have about 4 and a half years left on mine. Mine were included in my chpt. 13 which I COMPLETELY understood they would continue once I was officially out of Chpt. 13, the trustee paid on them through the plan monthly. It ticked me off!!!! She is so proud of this fact and the fact that she is also able to abolish over $60,000 in credit card debt. I won't tell you what she did with her tax return, that will tick you off too, instead of paying bills, she is just having a good time!!!!!!!!!!! :twisted: :twisted: :twisted: :twisted:


lrhall41

Submitted by WHEREAMI? on Sun, 02/18/2007 - 10:18

( Posts: 5263 | Credits: )