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Creditor Debited My Account Without My Auth


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Okay, so I am paying off a credit card through a collector...I know it says to say who, but I'm on the road at the moment so I can't say for sure. But I believe it's your average debt collector. I currently only have a few hundred left to pay off, coming from a credit card I got in 2004. I live in FL.

Up until now it's been okay, having them charge my debit card on a monthl schedule. About three weeks ago I lost my debit card and had to replace it. Because the card number changed the auto payment they had setup originally didn't go through. Since I'm bad with my finances I didn't notice the extra money in my account and never thought twice.

Last week I get a call from them about the issue. By then I had spent that 'extra' money and wasn't able to pay the full payment. We decided to do an $80 electronic check payment (Since they couldn't do a debit payment for less than $100), with the remainder to be paid at a later date. This was discussed on a Tuesday of last week (5/31) and the check went through the next day (6/1). As I left it they were going to call my on Friday (6/2) to setup the rest of the payment. I haven't talked to them until today. Looking in my phone log I do see a few missed calls this week from them, but nothing for last friday when they were supposed to call.

So today I check my bank account and I see that on Monday (6/5) a similar electronic check was paid for $160, the remaining amount of this payment. Only problem is I never cleared/authorized that one. I called them today and talked to an account manager. She made it sound like I had originally said yes to the other payment (Which I didn't), and after I pressed her on it she said she would have to pull recordings to verify. After talking it through, she suggested that I dispute this payment with my bank, and they would knock whatever fee's that may incure off the final balance.

While that is an obvious solution I'm just not happy with it. In that scenario there is no punishment for them accessing my account without my consent.

I talked to my finance people at work about this, just as chit chat. They made it sound like it's not worth the battle, which I can see. But on the flip-side, if no one does anything then nothing changes. I can see their point of view on this, but that doesn't mean I would do the same thing they did...I would assume fee's would be the appropriate response to this instead of stealing my money!

So in the end do I have a leg to stand on? Should I do anything with this? And if I do persue legal action, what should I do about paying off the debt in the inbetween time? Thanx in advance!

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