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I hope this is the right area for this question and I am asking in this forum since I have learned so much from this area and visit it everyday. My girlfriend overdrew her Bank account by $81 in September and the overdraw was paid back the next day. She received a letter last week from a Lawyer group stating that she had been turned into collections for the $81. She went to the bank and plead her case and they said that she was not informed of any problems with her account since it has been in good standing from that day. They then stated that they could not remove this from her credit report since it was sent to a collection agency. Is this true that nothing can be done to remove this from her file or have any corrective action taken by the bank or collection agency since she was never informed by letter or phone from the bank for 4 to 5 months when the collection letter arrived?
What bank is this?
The account was either in good standing from the day after the OD occurred or not. If she had paid the account as you've stated she should DV the collection agency within the 30 days allowed and all should be well as there is no debt. If anything else happens after DV she should send a letter to the bank's president stating that she intends to sue them (ITS letter) for falsely instituting collection action against her. She should also file a complaint with the Office of the Comptroller of the Currency here (assuming it was a national bank):
http://www.helpwithmybank.gov/
Of course if the facts are other that you state it could be a totally different matter.
@Anonymous wrote:I hope this is the right area for this question and I am asking in this forum since I have learned so much from this area and visit it everyday. My girlfriend overdrew her Bank account by $81 in September and the overdraw was paid back the next day. She received a letter last week from a Lawyer group stating that she had been turned into collections for the $81. She went to the bank and plead her case and they said that she was not informed of any problems with her account since it has been in good standing from that day. They then stated that they could not remove this from her credit report since it was sent to a collection agency. Is this true that nothing can be done to remove this from her file or have any corrective action taken by the bank or collection agency since she was never informed by letter or phone from the bank for 4 to 5 months when the collection letter arrived?
Based on your facts, demand that the collection account be removed ASAP and give them a deadline. The $81 was paid before they took drastic severe actions. If you have to complain to the BBB to help get it to the right personnel do it. I would argue it's fraudulent. I got ALL my negative accounts deleted by being very aggressive from the beginning to end. I did not back down. My name became part of their business until I got what I sought!
@Anonymous wrote:
Thank you both for your responses. The bank is Centra Bank, a bank in North Central West Virginia. I told her to speak with the branch manager and have everything from both sides to be presented in written form so to have factual evidence from her and the bank. I gave her this info and will let you know what transpires tomorrow after their meeting. Thanks again for the info and I will make sure all of this is taken care of.
If a dunning letter was sent make sure you DV!
cmacwvu wrote:I hope this is the right area for this question and I am asking in this forum since I have learned so much from this area and visit it everyday. My girlfriend overdrew her Bank account by $81 in September and the overdraw was paid back the next day. She received a letter last week from a Lawyer group stating that she had been turned into collections for the $81. She went to the bank and plead her case and they said that she was not informed of any problems with her account since it has been in good standing from that day. They then stated that they could not remove this from her credit report since it was sent to a collection agency. Is this true that nothing can be done to remove this from her file or have any corrective action taken by the bank or collection agency since she was never informed by letter or phone from the bank for 4 to 5 months when the collection letter arrived?
that's weird i never heard a bank send acct's to collection after 1 day old....