topic Re: Please ... HELP!!!! in General Credit Topics

Please ... HELP!!!!

Bakpack — Fri, 17 Aug 2007 00:27:35 GMT

Recently, my wife noticed a fraudulent transaction in our primary checking account. This transaction was for the amount of $104.34 and was made by a collection agency. Once she noticed the transaction all deposits ceased resulting in six bounced checks to date.

When asked how they got her debit card info she said she had made a payment in June over the phone for a medical collection. Per a phone conversation today with a collection agent she was informed that the agency would 1. Return the money which would take one or two days. or 2. They could keep the money and if we provide proof of the bounce fees they would pay those fees.

We are positive they made this fraudulent transaction because a payment was missed in July. We recieved a letter on August 9th which read.

BE ADVISED, WE ARE GOING TO INFORM OUR CLIENT THAT YOU HAVE REFUSED TO PAY. THIS IS YOUR LAST CHANCE TO CLEAR YOUR CREDIT RECORD WITH OUR CLIENT. TO AVOID THIS ACTION, WE MUST HAVE YOUR PAYMENT IN FULL. TOTAL AMOUNT DUE. $150.35

We recieved the letter before the transaction was made. I've asked my wife to stop all phone conversations with them until I've had a chance to seek your advice. Any help in this matter would be greatly appreciated.

Thanks

Re: Please ... HELP!!!!

Anonymous — Fri, 17 Aug 2007 00:31:01 GMT

Bakpack wrote:
Recently, my wife noticed a fraudulent transaction in our primary checking account. This transaction was for the amount of $104.34 and was made by a collection agency. Once she noticed the transaction all deposits ceased resulting in six bounced checks to date.
When asked how they got her debit card info she said she had made a payment in June over the phone for a medical collection. Per a phone conversation today with a collection agent she was informed that the agency would 1. Return the money which would take one or two days. or 2. They could keep the money and if we provide proof of the bounce fees they would pay those fees.
We are positive they made this fraudulent transaction because a payment was missed in July. We recieved a letter on August 9th which read.

BE ADVISED, WE ARE GOING TO INFORM OUR CLIENT THAT YOU HAVE REFUSED TO PAY. THIS IS YOUR LAST CHANCE TO CLEAR YOUR CREDIT RECORD WITH OUR CLIENT. TO AVOID THIS ACTION, WE MUST HAVE YOUR PAYMENT IN FULL. TOTAL AMOUNT DUE. $150.35

We recieved the letter before the transaction was made. I've asked my wife to stop all phone conversations with them until I've had a chance to seek your advice. Any help in this matter would be greatly appreciated.
Thanks

don't wait call your AG office and file a complaint with the FTC www.ftc.gov

Re: Please ... HELP!!!!

Anonymous — Fri, 17 Aug 2007 00:35:27 GMT

I would also ask the Bank to investigate. You may even get them to change your account number.

Re: Please ... HELP!!!!

Bakpack — Fri, 17 Aug 2007 00:46:54 GMT

I'm hoping the "transaction" isn't the only law thats been broken here. Wife said the young lady she was talking to on the phone sounded very nervous, and just kept saying "I was told to make the withdrawal."

Nothing would thrill me more than to teach them a lesson I'm hoping when this is over this case is used as a collection agency training tool called. "How not to collect a debt"

Re: Please ... HELP!!!!

Anonymous — Fri, 17 Aug 2007 01:36:49 GMT

I'm wondering if the CA could have done the same kind of thing if you had paid from your checking account by check or by electronic transfer. The reason I'm wondering is that I sent some previous payments via my checking account (e-transfer) to a credit card for someone that I have recently learned is now past due on their credit card payments. Is my checking account in jeopardy -- would the credit card issuer be able to take money from my checking account to pay on another person's CC account because I had allowed those previous payments to be sent electronically for that person's account via my checking account, and would a bank permit that to be done? Do I need to change bank accounts?

Can anyone give me an answer on this please?

Re: Please ... HELP!!!!

Bakpack — Fri, 17 Aug 2007 01:56:59 GMT

I think I've found it,

§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

They are in violation of § 808. (2)

Re: Please ... HELP!!!!

demitasse03 — Fri, 17 Aug 2007 02:59:23 GMT

This is unbelievable. I would seek an attorney if I were you!

Re: Please ... HELP!!!!

Bakpack — Fri, 17 Aug 2007 10:51:57 GMT

Bump ^ ... in hopes that this is read by Tuscani, or Noah.

Re: Please ... HELP!!!!

Anonymous — Fri, 17 Aug 2007 11:26:25 GMT

Well, I'm not Noah or Tuscani -but:

1. Call your bank today and advise them that this was an UNAUTHORIZED withdrawl. If you have a good bank, they will reverse the withdrawl immediately. I used to have an auto loan with Ford and they would always take two payments - I would go down to the bank and fill out a form and the withdrawl would be reversed.

2. Advise your bank that you DO NOT AUTHORIZE this company to make future withdrawls. I would also recommend, for future situations - ALWAYS pay debt collectors with a money order ONLY. That way they do not have any banking information.

3. In regard to your question about making a payment on a friends account - I highly doubt that they would be able to run a payment on your account. When an electronic debit is submitted, the debtor's name is supposed to match the name on the bank account. But again, tell your bank that they are NOT AUTHORIZED to withdraw any monies from your account. However - that certainly wouldn't stop me from checking my account online everyday to make sure neither one of the two are attempting withdrawls.

Hope that helps.

Re: Please ... HELP!!!!

Bakpack — Fri, 17 Aug 2007 14:25:57 GMT

Thank you Tex, your advice is appreciated

Re: Please ... HELP!!!!

Anonymous — Fri, 17 Aug 2007 14:28:53 GMT

Deifinitely follow Tex's advice. I had a debit card transaction and while it was investigated, they gave a provisional credit for the amount of the transaction. Luckily there were no bounces involved. I would alos report that collector to the FTC even if they did return the money and fees. If they did it to you they are probably doing it to others.

Just because you provided bank account information does not give them the right to withdraw money from your checking account, they need a court order to do that.

Message Edited by Brammy on 08-17-2007 10:28 AM

Re: Please ... HELP!!!!

Anonymous — Fri, 17 Aug 2007 15:40:03 GMT

Ooooooh, wait 'til Noah sees this. Un-frinkin believable!! I hope you throw the book at them! Your dept is going to be paid off with all of the fines!!!

Re: Please ... HELP!!!!

Bakpack — Sat, 18 Aug 2007 13:37:29 GMT

^^ttt

Re: Please ... HELP!!!!

Bakpack — Tue, 21 Aug 2007 00:22:46 GMT

As of 8/20/07 I have, filed a complaint with the FTC, filed a complaint with the BBB, I have also alerted my bank that there was an illegal transaction. I'am currently waiting on a complaint form from my state attorney generals office, and I plan to file a police report with my local sheriffs department within the next two days.

Any ideas or help on what type of letter I should send the collection agency would be greatly appreciated.

Thanks.