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Is this legal?Is this legal?
kathicee said: "I don't know if this is legal or not, so if anyone can help I would appreciate it. A creditor called my home back on Labor Day weekend. I was out of town but my boyfriend was home. The creditor then spoke to my boyfriend about my account. My boyfriend has nothing to do with my account...he is not a co-signer or joint owner, etc...He was told to give the message to remind me that on 9/9, $900.00 would be debited from my account, and if there was a problem with this to call back before that date. Mind you, I never, ever, authorized this withdrawal. Basically, the creditor manipulated the conversation as if I had previously authorized this. Anyhow, he forgot about it.....$900.00 was withdrawn from my account....and, as a result, my account is now overdrawn $400.00!!
What, if anything can I do? Not only did they take money that they were not authorized to take, now I owe my credit union $400.00!
Help!!"
David said: "First thing I would do is file a police report.
Contact your bank ASAP and tell them you didnt authorize any withdrawl
contact a lawyer and sue the pants off them.
Did you ever sign anything and send it back to them to authorize any type of withdrawl??"
kathicee said: "Nope.I signed nothing . I agreed to nothing."
David said: "Collection agencies can not legally seize a debtor's assets, bank accounts, or paycheck unless there has already been a successful lawsuit with a judgement awarded to them
I would say that they are in violation of
§ 805. Communication in connection with debt collection [15 USC 1692c
(b) 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
how does the charge appear on your statement?
have you contacted your bank yet on this?
From what I have been reading, it was illegal for them to withdrawl anything from your account ( how did they get that information in the first place) unless you authorized it.
They better be able to provide proof that YOU authorized the xfer."
kathicee said: "They had my bank information from times that I have made online payments and payments over the phone. They have absolutely nothing from me either in writing or verbally that I agreed to this $900.00 payment. When I spoke with the creditor last night, they suggested that perhaps the agent that called, thought my boyfriend was my husband. What difference would that make? I'M THE ONLY ONE ON THE ACCOUNT SO I AM THE ONLY ONE THEY SHOULD BE TALKING TO AND GETTING AUTHORIZATIONS FROM. I truly think my boyfriend was tricked into thinking that this was something that I had pre-authorized and that the bank was just reminding me that it was coming out. They took advantage of him; they took advantage of me, and now, on top of all of that, my checking account is overdrawn, so I owe my bank money now."
David said: "I personally would file a police report..
Then file the withdrawl with your bank.
What they did was illegal and they know it.
You should also NOT talk to them on the phone anymore.. always in writting via fax or CMRR
I would also contact a lawyer to see what legal recourse I have against them for stealing money out of your account without authorization."