I'm reposting, hopefully it will be less confusing. I had a tuition debt go into collections. I lost my job and moved to another state. I had to keep my out of state bank account open so my previous employer could deposit my severance pay. I agreed to pay $2500 @ $200/month. The agency debited the $ on the 15th of the month for 5 months. I received my severance pay in early March. I asked the agency if I could make my March payment early and for them not to debit $ on the 15th as I'd be opening a new account in a local bank. They agreed $ I was clear not to withdraw $ on the 15th. They rec'd their payment on the 13th. I opened my new account and transferred all but $100 into it. I left $100 in it in case I needed $ until the funds cleared at my new bank. They attempted to debit $200 on the 15th, 16th & 17th of March. I was hit with an insufficient funds fee at $30/ attempt. When I questioned them about it they demanded the full amount. I paid this debt in full, could I get my $90 back?
2007-08-10 07:48:35 · 11 answers · asked by Anonymous in Business & Finance ➔ Credit
My bank wouldn't help me; just gave a form to fill out. Ya know, they agreed NOT to withdraw on that date, & they got that months payment. They wouldn't accept anything but auto-payments, no checks, money orders etc. I still have the statement. I want to call them EVERYDAY and give them the "this is an attempt to collect a debt, any information obtained will be used for that purpose" line. It's the principle of it.
2007-08-10 08:04:06 · update #1
After I paid the debt in full, I sent a letter to the school, which I originally got my degree from. I explained the situation to them and they sided with me and removed all evidence of this debt from my credit report. I just want revenge, and badly, I really don't care about the money, it would be worth the entertainment.
2007-08-10 08:13:54 · update #2
Okay this is a bit more clear as to what you did. It will still come down to your word against theirs that you did not want to have the payment done on the 15th. However, you may have some circumstancial evidence that this is what they aggreed to. If you have proof that the payment was made on the 13th, you could make a case that they agreed that the payment on the 13th was the payment for the month and they were not going to debit on the 15th. Without knowing every little detail, this would be a reasonable conclusion. Enough to win a case though???
You don't need to get a lawyer or anything. The simplest thing would be to file a small claims case against them. You can file it in the county you live in, and not where they are located. You can either go to your county courts web site or down to the court itself and they will be able to tell you how to file a case. If you win you could also make any claims for punitive damages, but since the listing is actually removed from your report the chances of getting any would be small. For $90 there is a chance they won't even show up, and you would win by default.
2007-08-10 09:14:52 · answer #1 · answered by OC1999 7 · 1⤊ 1⤋
Nope it's your responsbillity to remove the automatic payments to be debited out of the acct. Not the collection agency to have it removed. Even if you talked to them you should have contacted your bank letting them know you were leaving and getting a different bank and would like to stop the automatic payments from that account so unfortunately you're not going to get that $90 back. Your bank will ask you if you had requested the bank to cancel the automatic payment from the account and it's obvious you didn't, but you're out of luck you've lost that money. Now you may explain the situation to the bank that you were formerly with, but usually as a coutesy they only do one of the fees not all.
What you're failing to miss even though you contacted the collection agency early about making a payment from another account you never requested for the automatic payment to be removed. Again that was your responsibility to have that happen. A lawyer can't do anything for you have you ever tried to contact a bank after you lost your credit/debit card they always ask you if you have set up reoccuring payments because they want you to cancel it as soon as possible to avoid this happening!
2007-08-10 07:58:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Did you get this agreement in writing that they would receive full payment on the 13th and should not attempt to debit the account on the 15th? If it's not in writing probably not. Not to mention that collection agencies aren't known for being nice I wouldn't expect them to pay your NSF fees if they had taken more than you owed you could get that back but the $90 went to your bank. You could plead with the manager at the bank to refund some of those fees if you explain your predicament to them and have been a good customer they may refund the fees.
2007-08-10 08:02:26 · answer #3 · answered by Delaina77 3 · 0⤊ 0⤋
My first inclination is that you need to discuss this with your former bank, and see if they won't rescind the ISF fees. Your case would be stronger with them if you have something in writing where you informed the creditor you were changing banks (and if you have their reply in writing, it would be even better).
Also, show your former bank the paperwork showing the debt was paid in full before the creditor attempted to debit the account. (In fact, that should work even better than my previous suggestion). That would show that they were "mistakenly" (or fraudulently, although I would probably not use that word off the bat) attempting to collect monies NOT owed (and overdrawing your account in the process).
The way I see it, you are owed the ISF fees in full, but you're probably going to have an easier time getting it back from the bank than from the creditor, because the creditor DID NOT collect the ISF fee.
2007-08-10 08:03:16 · answer #4 · answered by Johnna L 4 · 0⤊ 0⤋
I would call and speak to a manager. Do you remember who you called and talked to about not taking money out on the 15th? If so, you could say, "So&SO and I came to an agreement that I was going to make my payment on the 13th instead of the 15th etc. " Let them know that you are very upset and that your debt has been paid. Because they broke a verbal agreement, which I believe is binding in court, that caused you to get hit with penalities. Tell the manager that you are talking to a lawyer and just giving them (the collection agency) a chance to correct their mistake before you take legal action. I've had this happen to me before and I was very calm yet firm. I let them know that I was not going to back down but that I was reasonable. Reassure them that you do not want your money the was owed to them back, just the money that they caused you to lose. Ask them how would he feel if this were done to him, but do it in a calm manner. Tell him that you are not mad at him (or her) but that you are very mad at the situation.
Good Luck.
2007-08-10 08:04:42 · answer #5 · answered by txndimples 2 · 0⤊ 0⤋
Do you have anything in writing about paying the March payment early and for them to not debit that account anymore?
If you haver some kind of written proof, you could sue the creditor for the $90. However, it might not be worth your time to do so.
You may as well just forget about it and move on. They aren't going to admit they screwed up and pay you.
2007-08-10 08:02:17 · answer #6 · answered by bdancer222 7 · 0⤊ 0⤋
The bank doesn't have to return your 90 bucks...that fee is in your account agreement.
2007-08-10 09:40:23 · answer #7 · answered by Anonymous · 0⤊ 0⤋
nope this is one of them cases of you get screwed
however if you talk to your bank they may waive one of them fees if you havent had any overdrafts in the past 60 days
it all depends on your bank but for the most part you just have to suck it up and know you got screwed
sorry bout your luck on this
2007-08-10 08:01:25 · answer #8 · answered by staringmommy 3 · 1⤊ 0⤋
If you have written confirmation of your deal with them to change the pull date and all of your receipts/bank statements, you may be able to hire a lawyer to straighten them out.
good luck. collection agencies are the lowest of the low, below even politicians in the bottom feeder food chain.
2007-08-10 07:58:56 · answer #9 · answered by credo quia est absurdum 7 · 0⤊ 1⤋
good luck. dealing with that kind of stuff is extremely frustrating and most the time you end up getting the run around. i would call them and state your complaint, expect to get passed around a few times and try to fax your info (complaint) to someone in charge. keep documented who you talk to etc...contact the better business bureau that sometimes helps.
2007-08-10 07:59:50 · answer #10 · answered by Anonymous · 0⤊ 1⤋