Unautorized debits from Bank Account

[BobM]

Hope this is in the right area - I helped my daughter negotiate a settlement with a debt collector in New York and of course they wanted a large amount up front with which I agreed to make with a one time tele-check - The agreement was in writting and showed a monthly payment for the balance along with a payment cuopon - The problem I have is this company went into my checking account a month later and took an additional 60.00 unauthorized - I called the company and got the standard hard time of - Well you agreed to 100 a month and we cut you a break, explained the deal in writting and then he said I agreed to electronic debits which again I disputed and also mentioned that my daughter had mailed in 3 payment in 3 weeks and at least two had cleared - The whole time this guy is getting a touch louder and finally all I can get out of him is we do it his way or he's going to charge me intersted - as I try and explain he hollers all I want you to say is yes or no.. The bank has taken steps to get the funds back and prevent it in teh future but what are my options - I've started to fill out complaint forms with the Nwe York AG and the Association this company belongs to but they all want to know what relief I am asking for - What are my options and what would be a reasonable request - Keep in mind I do not owe the money

[Methuss]

First off, you have every right to discontinue the payments under the Electronic Funds Transfer Act. And they break the law if they fail to stop the payments. Further the Act allows you to reverse any unauthorized withdrawl they make so long as you do so within 30 days of catching it.

You can take the complaint up with your bank and ask for a EFT-Stop payment to be put on them for up to 6 months at a time to ensure they don't keep trying to take money out.

Lastly, call a lawyer. This jack-@ss is trying to make you pay a debt owed by someone else. They should never have started taking payments from you on it in the first place and you have no obligation to continue it. Heck, they were not even supposed to talk to you about the debt! The fact that they are extorting payments from you on a debt that is not yours is a definate FDCPA violation and maybe even a RICO violation.

[BobM]

First off, you have every right to discontinue the payments under the Electronic Funds Transfer Act. And they break the law if they fail to stop the payments. Further the Act allows you to reverse any unauthorized withdrawl they make so long as you do so within 30 days of catching it.

You bank can take the complaint up with your bank and ask for a EFT-Stop payment to be put on them for up to 6 months at a time to ensure they don't keep trying to take money out.

Lastly, call a lawyer. This jack-@ss is trying to make you pay a debt owed by someone else. They should never have started taking payments from you on it in the first place and you have no obligation to continue it. Heck, they were not even supposed to talk to you about the debt! The fact that they are extorting payments from you on a debt that is not yours is a definate FDCPA violation and maybe even a RICO violation.

Thanks for our comments - I waited to reply to see what happened with the bank - I just got my statement and they did a manual ACh credit to my account - They had me signed that statement at the beginning and I haven't heard a word from this company despite filing complaints with the BBB, the Pa Attorney General etc.. I did call a Lawyer who is suppose to review all teh documents and get back to me.. What relief should I ask for

[MadinKS]

FDCPA statutes:

§ 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.

§ 805. Communication in connection with debt collection [15 USC 1692c]

( COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

Did your daughter tell them you were authorized to speak to them about HER debt? If not, I would tell your attorney you want to sue them for the max under all Federal and State laws. Would be worth a hell of a lot more than that $60 they strong armed you out of. Rip their throat out....