CA didn't honor demand to stop monthly payments.

Anonymous · ‎03-05-2008

I was on payment plans with Midland and Professional Collections from 9/07 to 11/07. Hired Credit Attorney in November, at his suggestion contacted them and told them to no longer make deductions that I was cancelling payment plans until further notice.

I told my bank this as well, and asked if I could block the automated deductions. They said no but if they showed up, they would reverse them.

One CA, NCO, removed 3 items off all of my reports.

Another, Professional Collections, removed from TU but not Experian.

I just checked my online bank account, they have all continued to deduct since December, for a total of $550.

I can contact my bank and 99% sure from what they told me these will be reversed.

Wondering if I now risk these CAs putting these back on my reports.

I am in the process of DVing them anyway.

Anonymous · ‎03-05-2008

i had to threaten to sue to get them to stop collecting on my account. of course i had other violations in hand as well so not sure that will work for you. you may have to close your account tbh. in your DV letter, i'd add that any collection attempts that are made without validation will result in a lawsuit.

Anonymous · ‎03-05-2008

Anytime you give anyone permission to make auto deductions from your bank account or cc (just my opinion) you are asking for trouble. My bank told me when i canceled my AOL that it can take up to three months for the auto deductions to stop. That is why I will never give that kind of permission to anyone again. Just my thoughts as I dont really know how your bank will handle this, but call ASAP. Good Luck Vicki

Anonymous · ‎03-05-2008

You need to reverse an ACH very soon after they post to your account- 10 days easy, gets harder after 30 days.

Anonymous · ‎03-05-2008

That is ridiculous. How can someone just dip into your account without your express written approval? I will so totally sue the living s*** out of them if I can't reverse this. Not sure WTF is going on with the credit industry, but it is time for an overhaul

Anonymous · ‎03-06-2008

nyccc2 wrote:
I was on payment plans with Midland and Professional Collections from 9/07 to 11/07. Hired Credit Attorney in November, at his suggestion contacted them and told them to no longer make deductions that I was cancelling payment plans until further notice.

I told my bank this as well, and asked if I could block the automated deductions. They said no but if they showed up, they would reverse them.

Did you "contact" the CA and the bank by phone or in person? If so, then it doesn't count.

You must always give notice in writing. Otherwise you have absolutely no proof of what you told them to do and what they said they would do.

Anonymous · ‎03-06-2008

I didn't state that I wanted them to stop in writing, on the other hand I never gave them permission in writing so that is a wash.

It is amazing to me that if you tell a bank 'party A' has no permission to make deductions that the bank can't in fact stop any further activity.

Basically I spent the afternoon in the bank, I had to fill out dispute forms for the last 4 months of auto-checks one creditor pulled on me, and then with security to reverse the bank-card the other creditor did on me.

THEN I had to cancel the account and open a new one. Ridiculous! The bank should simply place a block on that party.

Anonymous · ‎03-06-2008

nyccc2 wrote:
I didn't state that I wanted them to stop in writing, on the other hand I never gave them permission in writing so that is a wash.

You said you were on payment plans. Did you never sign anything to establish those?

My point is that even if you set it up on the phone (totally not recommended), when it comes time to terminate you need to CYA by putting it in writing and sending it CMRRR. That becomes your way to establish some evidence that you gave them notice to terminate the arrangement.

Anonymous · ‎03-06-2008

@Anonymous wrote:

@Anonymous wrote:
I didn't state that I wanted them to stop in writing, on the other hand I never gave them permission in writing so that is a wash.

You said you were on payment plans. Did you never sign anything to establish those?

My point is that even if you set it up on the phone (totally not recommended), when it comes time to terminate you need to CYA by putting it in writing and sending it CMRRR. That becomes your way to establish some evidence that you gave them notice to terminate the arrangement.

No, never signed anything with them to set up a payment plan. Funny thing is when I was 'officially' on it they'd send me a letter each month informing me they were planning on deducting $ and to make sure I had $ in the bank, they stopped when I told them payment plan over.

I closed the account today, and disputed the checks they did withdraw.

RIght now I have DV'd with one (just today) and the other one didn't bother since they dropped off my report after disputing.

Do you think on top of the DV I should also send letter to confirm that I do not agree to any payment plan and to not withdraw any $ from my accounts without any written permission to do so (i.e. instead of saying 'i no longer want to be on the plan' say 'I do not agree to this debt or any payments do not deduct')

Anonymous · ‎03-06-2008

nyccc2 wrote:

Do you think on top of the DV I should also send letter to confirm that I do not agree to any payment plan and to not withdraw any $ from my accounts without any written permission to do so (i.e. instead of saying 'i no longer want to be on the plan' say 'I do not agree to this debt or any payments do not deduct')

Sounds like a good approach.

Something like "you do not have my authorization to deduct any funds from this account, or any other account in my name, for any reason. If I have given you any authorization in the past, I am hereby revoking that authorization, effective immediately" [or "effective X, 2008 when I spoke with your representative Joe and directed him to stop further deductions."]