Find Seized Car Auctions Near You

Know Where To Buy Your Dream Car For A Low Price!

Whether It Is A Mercedes, BMW, Honda, SUVs, Trucks...

Drive Your Dream Car For 90% Below Retail Prices!

Start Looking For Your Dream Car Now!

…true?
The debt collector said a lot of things, including the bank fraud statement and that I had committed criminal acts because they knew we had money and just weren’t paying them (they said they knew this because they knew we had made our car payment, which is true, we did make a car payment because our car was in jeopardy of being repossessed) and then coerced a settlement payment agreement from me that I told him I would not be able to pay, he will auto withdraw the funds from my checking account and he said if the funds were not available or if I stopped payment, I would be guilty of writting a bad check across state lines and that that would be a criminal act as it was illegal to knowingly write a bad check. My husband said to call him back and tell him I will not be able to honor the payment he made me agree to and that everything he had said to me about criminal activity and bank fraud was all harassment and coersion to illegally get a settlement payment.

9 Comments »

1. 

   please go here and read your rights and responsibilities… http://www.ftc.gov/os/statutes/031224fcra.pdf .

   No one can make you agree to anything that you haven’t read and signed, and he’s trying to intimidate you into making a mistake. Although if you write a check with NSF, then the state can generally seek criminal charges.

   Hopefully you had enough sense to not give out your bank routing and account number to someone over the phone. Also, if you did do this, call your bank and advise them that someone is trying to fraudulently access your account.

   Comment by Jason — March 12, 2011 @ 9:02 am

2. 

   Your husband is right, a late payment isn’t fraud. And if it was, their course of action would be to take you to small claims court and spend way more money getting their payment than if you just mailed it when you were ready. I wouldn’t worry too much.

   Comment by NONAME — March 12, 2011 @ 9:02 am

3. 

   If you knowingly approve an auto payment when there is NOT enough money in the account that is a crime.
   You need to alert the bank not to process that request.

   Comment by someone — March 12, 2011 @ 9:02 am

4. 

   Ugh!
   WHY on earth did you give these morons your bank info? NEVER NEVER NEVER give a collection agency your bank/credit or debit card info!! They will withdraw money from your account at their own discretion! You might want to CLOSE that account to prevent them from taking money that is earmarked for rent or your car payment!

   NEVER get into an agreement with a collector to make monthly payments either! If you do not have a lump sum to offer them, don’t bother making any sort of contract with them. The chances of them taking a few months of payments and then selling your account to another collector is high! And, guess what happens to that few months you were making payments? The new collection agency will probably act like you didn’t make them and you will be back where you started!

   As far as all these stupid threats this guy is throwing out at you, he is full of baloney. You are not going to jail or be criminally charged with anything if you close your account or don’t have the money to cover what you told them you would pay. Their recourse would be in CIVIL court, not CRIMINAL court. Collection agencies like to scare the naive into thinking horrible things will happen if they do not hand over their bank info or refuse to enter into agreements to pay. Trust me, these guys will say ANYTHING to get you to pay something.

   How old is this debt? If it is past your states SOL to sue you, you were foolish to even acknowledge the debt and make payment arrangements. You would have been better to just let it age off your credit report, which would have been 7.5 years from your initial default.

   Comment by My Take on It — March 12, 2011 @ 9:02 am

5. 

   Tell the collector to get stuffed. He’s bluffing. It isn’t fraud. If it was you’d be under arrest.

   Comment by Common Sense — March 12, 2011 @ 9:02 am

6. 

   debt collectors have very few options. They can ask you to "pretty please pay up." Or they can use stronger language.

   That’s about all they can do.

   If you sign any agreement with them, then they have more leverage. And yes if you signed a auto withdrawal agreement, you’re in violation of that agreement if you stop any payments.

   I guess it might have been a mistake to sign anything.

   Don’t bother arguing with them. They know the law and loopholes better than you ever can.
   I would try to find some low cost legal advice. A lawyer can help you explore your options.

   Comment by satiety — March 12, 2011 @ 9:02 am

7. 

   First thing get a recorder to tape the calls. Let them know you are recording them(even if its not true) DEBT COLLECTORS are the scum of the earth, the bottom feeders of society! I would talk to someone a debt consolidation company or a lawyer. They have alot of help for lower income families. He cannot withdraw the money from your checking account qithout your written consent. I would just change bank accounts anyway. Quit talking to this jerk……and once you tell him, your being harrassed, he supposed to quit calling. But the taping of the phone call really works, because they are supposed to be following rules and laws…and 75% of them don’t. Credit card companys are the lowest of the low…………I would be curious to know the amount of the debt and how old it is, because there are statues of limitations regarding credit cards.

   Comment by uncoyly — March 12, 2011 @ 9:02 am

8. 

   NEVER NEVER NEVER talk to collection agencies on the phone. NEVER NEVER NEVER give them your bank account information. If a collection agency calls you, tell them to say whatever they have to say in writing and then HANG UP.

   Comment by Dave — March 12, 2011 @ 9:02 am

9. 

   Writing a check without the funds in the account to cover the check IS a form of fraud and you can be held liable for the amount of the check PLUS three times the amount of the check as a penalty. However it is NOT fraud to claim that you do NOT have funds in your account, when in fact you do.

   Comment by Ryan M — March 12, 2011 @ 9:02 am

RSS feed for comments on this post. TrackBack URL

Leave a comment

Name (required)

Mail (will not be published) (required)

Website