Problem with creditor after filing

[dr618]

The creditor is NCO, and they are listed on the matrix. Here is my problem, I have been paying them now since May, every month, at the time, stupid me didn't know that it was not a good idea to give out your banking info, I did it for convenience. Anyway, I filed on monday and the payment was supposed to be deducted on Friday. I called them (only because in case they didn't get the notice in time) and told them not to do that because I filed bankruptcy. They were telling me all kinds of things like not to and we can offer you a settlement of a lesser amount, I told them I can't afford it and it's done with so please do not deduct any money out of my account. The rep didn't say he wouldn't, he kept insisting for me to remove him off the list. What can I do about this? I know it was wrong in the first place to allow them to have my banking info, I know this now. I need help with this, would I be in trouble if they go ahead and do this?

[jktrading]

Go into the bank as soon as it opens and close the account. Simply taking out the money may not work and you could be hit with overdraft charges, etc. If the money does get taken out before you can do anything, tell the bank the truth that it was an unauthorized withdrawal.

You need a new bank account. A completely different account at the same bank, or preferably a new bank.

BTW, for the rep to continue to try and collect after you told him you filed bankruptcy was extremely illegal and against the automatic stay.

[Never_Again]

Yes, that was illegal and a violation of the stay... as withdrawing the funds would be as well.

I think that if the funds are withdrawn, they will have to be returned to you as well.

I had several collectors and creditors, when I had told them that I had retained a lawyer, encourage me to settle with them. Of course, they know that they are getting nothing after the filing, so it makes sense to try to collect something. I did have one, after having been told that I had RETAINED a lawyer, ask me if I had paid my lawyer (I thought that is what RETAINED meant.) I promptly told them that was none of their business.

I even had one, who was for about $1500, ask if they were the only reason that I was filing (after I had told them that I had retained a lawyer). I didn't understand how anyone could think that I would spend $1500 to discharge $1500, but I think that they just work from a script anyways...

But I never had one continue once I told them I had filed. Some required clarification (Have you actually filed?), but they usually got it.

To withdraw the money would be illegal... doesn't mean that they won't do it. Might be best to close and open a new account. And don't give electronic access to anyone who collects... ever!

[dr618]

They asked me if too if the reason I filed was because of them, of course not. And I did actually file, I gave them the case number.

[dr618]

I spoke to someone there again today. This person acted completely surprised, but they have received the bankruptcy notice already. I told her the same thing and she gave me the runaround and said to call on Monday.

[TEW]

I spoke to someone there again today. This person acted completely surprised, but they have received the bankruptcy notice already. I told her the same thing and she gave me the runaround and said to call on Monday.

If they do take it they will have to put it back. and they should know you have to include ALL debt in the BK.

[dr618]

Of course, that's what I told them, this rep was acting like she didn't know and when I mentioned that they have received the notice with the case #, she didn't know what to say, she just said call back on Monday. I know that they can't do this, and I hated to even speak to them, but I had to call them because of the withdrawal.

[lrprn]

Go to your bank immediately Monday morning. Tell them that you immediately remove this creditor and any other unsecured creditors who you've allowed to directly take funds from your account from the list of creditors allowed to do so.

Give the bank the list of now-banned creditors in writing and have them sign and notarize the list so you have proof you notified them of the change. Then send a notarized, registered return receipt letter in writing to this creditor and any others you want to stop autopay on stating clearly that their permission to remove funds from your account is revoked.

If the creditor removes funds anyway after you filed, that money will have to be returned to you. However, it could take months for that to happen. Best to be proactive rather than deal with the problem after it happens. I would not trust a single phone call to a creditor with no proof you made it to solve this problem.

[JRScott]

dr monday morning call your lawyer and inform him that the creditor took the money from your account after filing.

Then what lrprn suggests is very good .

[dr618]

Here is an update on what happened. I called them again, spoke to a manager, eplained to her that I filed, she tried telling me how this will affect my credit report, and how if I'm not discharged, they will sue me for the full am amount. After I got off with them, I called my bank and put a stop check. So hopefully that will take care of them, I know they were saying those things to scare me into still paying, they did a good job.

[mikep]

Here is an update on what happened. I called them again, spoke to a manager, eplained to her that I filed, she tried telling me how this will affect my credit report, and how if I'm not discharged, they will sue me for the full am amount. After I got off with them, I called my bank and put a stop check. So hopefully that will take care of them, I know they were saying those things to scare me into still paying, they did a good job.

That's nothing but a scare tactic.Hang in there,you'll be ok.