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Unauthorized bank charges by CA for old pay day loan

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    Unauthorized bank charges by CA for old pay day loan

    My debt includes a few pay day loans. One I believe was due back in the fall, never paid it. Got a letter from a new company a few days ago blankedly stating this company now OWNS the debt and it is no longer owned by the pay day loan company. Got a message this afternoon from my bank that they had some questions about my account activity. I check my account and see that this CA that now owns this debt put a $300 check through my account (total debt is $600). Is this fraud/illegal? I NEVER authorized this CA to take any $ out of my account, though obviously I authorized the pay day loan company to. Good thing is- there is was not funds in my account to cover this check. But my question is, can I report this as an unauthorized charge and can I report this elsewhere?

    #2
    Close that account out and open another one. This way, you don't have to worry about it. And I would tell your bank that it was an unauthorized check. You can block them from doing that again, but you will have to pay a fee to do so. It will be easier to just close that account.

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      #3
      Have you filed bankruptcy yet? If you have, then that is a SERIOUS and egregious violation of the permanent discharge injunction and is subject to very very very heavy sanctions and an award of damages.

      If you have not filed bankruptcy yet, then you would have to review the terms of your agreement with the payday company. I'm assuming from all your posts, that you're still a month away from filing anyhow.

      I would do as suggested and move accounts! This is an appropriate thing to do anyhow -- move accounts -- especially if you have a credit relationship with the same bank where you keep demand deposit accounts.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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        #4
        Thanks!
        We have not filed yet- probably about 4 weeks away.
        I called the CA and simply asked if I had given them authorization to deduct $ from my acct. She told me to hold on. After a few minutes she came back and said yes. I said, "so I gave your company authorization, or the pay day loan company?" She told me I gave authorization- and again I said "to whom?" She wouldn't answer my question. I told her I wanted a copy of my contract and she said that wasn't possible. Then she told me we could work out an arrangement to make it easier on me. I said no, I 've hired an attorney, here's his number. She asked me why I hired an attorney, I said "to deal with this debt". She said "for fraud???" I said "I guess you'd have to call and discuss it with him, wouldn't you??" I think I made her sweat a little.
        My husband called the bank and discussed it with them last night. They said that since our acct. is in the negative that we have to bring it to a positive balance in order for them to do anything about this. They said in order to investigate it and pursue it they'd have to close the acct, but they won't close it til it has a + balance. Is that really legal for them to refuse to investigage it like that? Well, seeing as how I am getting ready to file BK, I don' t exactly have an extra $800 just laying around that I can throw at you!!! We don't have any other credit lines or anything w/this particular bank. I was intending to keep this acct. after we filed, but now that they aren't willing to do anything to work with us, I guess this will just be a part of the BK. I've never liked this bank much anyway! We have 2 other accts w/different banks, and our direct deposit does not go into this one, so I guess I just won't worry about it.

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