Cancelling AutoPay w/ Payments Not Stopping

[LadyInTheRed]

I think all that can be said on the topic of this thread has been said. It's closed.

[mountanddo]

Probably the only one on this site who doesn't.

Obviously you are worried about something or you wouldn't be on this site asking for advice. Making backhanded comments like this doesn't make forum members want to answer your questions. You are getting frustrated because you are getting answers that you don't want to hear. People normally come to forums to get advice from people who have gone through what you are or are in the middle of it. Either decide to take our advice or don't but don't insult people that are taking their time to try to help you.

[ksgirl38]

Did you open the new account with the same bank, or a new bank? I ask because what I did was, I cashed out my old account (it had like $10 in it), closed it, opened a new account with the same bank, and deposited the $10 plus $100 in cash (you had to have at least $100 to open the account). I did it in person with a bank representative and it took about five minutes.

If the funds are slow to transfer, I'd suggest you do this: go to wherever you have the old account, cash it out, and close it. Boom, done. Take the money to the new account and deposit it. Boom, done. Contact your utilties and tell them what happened, do whatever you need to to get those bills paid, and your problem is solved.

Yes, but you are forgetting about the payments that pending in the next 48 hours. I've set the new account up, but it's an online bank and the transfers take time.

[ksgirl38]

I understand your point: you think that taking money out of someone's account when they've asked you not to is illegal. Do I have that right?

This is my point: The credit card company is going to do as it darn well pleases, until you make sure they CAN'T do it by closing that checking account and opening a new one. I discussed this with my attorney when I filed, and she told me that Discover Card, in particular, will continue to withdraw payments out of your account no matter what you tell them to do. Even legal letters of cease and desist don't stop them. Of course it's wrong, and probably illegal, but it's what happens. You can fight it of course - file complaints, issue letters, talk to your bank - but the ONLY way to permanently stop it is closing that account, period. Discover Card's attitude seems to be, "We got a phalanx of high-powered, very well-paid lawyers to block your every attempt to get to us. What do YOU got?"

Of course you can try to contact the CC and reason with them, yell at them, etc., and you might be successful. But as we all know, CCs can be right b*stards and you shouldn't trust them AT ALL - as long as they have that checking acct number, they can take your money, and that's what they want - they don't care if you like them or not.

Actually I talked to an attorney today that said otherwise. It's not legal. Maybe if you are being garnished or are already behind in payments, but I'm in good standing with them. Or was until this month. If you specifically ask them to stop an autopay and they don't then yes there is something wrong with this. I did get it stopped, but I haven't been able to get to the bank yet to discuss it with them to make sure it doesn't happen next month. I'm not completely sure which end stopped it and I don't know yet if it's going to happen again next month.

[ksgirl38]

You are right, it is not legal for them to debit your account without authorization. But, there really is nothing you can do about that quickly enough to get your other bills paid. You can sue them if you want, but that won't get you any results quickly.



Being a few days late paying utility bills is not going to screw up your credit score, especially if you do what Pandora suggested and contact the companies, let them know what is going on and ask them how you can best arrange to make payment. Credit reports only show delinquencies of 30 days and more.

The problem is I don't have time to sit at work and call 16 creditors and ask how I can make alternate payment arangements, not that I'd want to make a call like that from work anyway.

[ksgirl38]

Have you ASKED your utility companies who they bank with / what local banks accept their payments? It is highly unusual for you not to be able to pay directly at a lender; all you have to do is ask. Waiting for your new account to transfer seems pointless when you could simply pull the money out. You again can call the utility companies and explain you have opened another account so their autopays wont happen - so what other methods can they provide so you can make the payment to them.

For all the questions / concerns you're posting - you need to decide what exactly you plan on doing before going any further: 1. Worry about your credit score, dont file BK, and try to ride it out OR 2. quit worrying about your credit score, file BK and start living again. It really is that simple; you cant go any further without coming to some concrete decision. Posting further issues, "what if" scenarios, and worries isnt going to help you (nor those replying) until you decide.

I actually don't have any worries. Probably the only one on this site who doesn't. I do however get pissed off at companies illegally taking my money.

[ohiogal]

I've already said about 5 times now that I've already opened a new account. It takes 1-3 business days for funds to transfer. The first transfer took about a week.

Did you open the new account with the same bank, or a new bank? I ask because what I did was, I cashed out my old account (it had like $10 in it), closed it, opened a new account with the same bank, and deposited the $10 plus $100 in cash (you had to have at least $100 to open the account). I did it in person with a bank representative and it took about five minutes.

If the funds are slow to transfer, I'd suggest you do this: go to wherever you have the old account, cash it out, and close it. Boom, done. Take the money to the new account and deposit it. Boom, done. Contact your utilties and tell them what happened, do whatever you need to to get those bills paid, and your problem is solved.

[ohiogal]

That's not legal. It can't be. I guess I'll bring it up at consultation #5 tomorrow, but if you specifically ask a company that you are in good standing with the stop the autopays they should. The only legal way that I can see for them to do this would be to go through the courts with a garnishment.

I'd rather use that $400 for lawyers fees than to waste on my credit card company. They've gotten enough of my money. I don't have $400 to spare.

Somehow I feel like no one understands my point here.

I understand your point: you think that taking money out of someone's account when they've asked you not to is illegal. Do I have that right?

This is my point: The credit card company is going to do as it darn well pleases, until you make sure they CAN'T do it by closing that checking account and opening a new one. I discussed this with my attorney when I filed, and she told me that Discover Card, in particular, will continue to withdraw payments out of your account no matter what you tell them to do. Even legal letters of cease and desist don't stop them. Of course it's wrong, and probably illegal, but it's what happens. You can fight it of course - file complaints, issue letters, talk to your bank - but the ONLY way to permanently stop it is closing that account, period. Discover Card's attitude seems to be, "We got a phalanx of high-powered, very well-paid lawyers to block your every attempt to get to us. What do YOU got?"

Of course you can try to contact the CC and reason with them, yell at them, etc., and you might be successful. But as we all know, CCs can be right b*stards and you shouldn't trust them AT ALL - as long as they have that checking acct number, they can take your money, and that's what they want - they don't care if you like them or not.

[LadyInTheRed]

That's not legal. It can't be. I guess I'll bring it up at consultation #5 tomorrow, but if you specifically ask a company that you are in good standing with the stop the autopays they should. The only legal way that I can see for them to do this would be to go through the courts with a garnishment.

You are right, it is not legal for them to debit your account without authorization. But, there really is nothing you can do about that quickly enough to get your other bills paid. You can sue them if you want, but that won't get you any results quickly.

I have a good credit score now. If I decide not to go the BK route, I don't want something like this screwing it up.

Being a few days late paying utility bills is not going to screw up your credit score, especially if you do what Pandora suggested and contact the companies, let them know what is going on and ask them how you can best arrange to make payment. Credit reports only show delinquencies of 30 days and more.

[Pandora]

Have you ASKED your utility companies who they bank with / what local banks accept their payments? It is highly unusual for you not to be able to pay directly at a lender; all you have to do is ask. Waiting for your new account to transfer seems pointless when you could simply pull the money out. You again can call the utility companies and explain you have opened another account so their autopays wont happen - so what other methods can they provide so you can make the payment to them.

For all the questions / concerns you're posting - you need to decide what exactly you plan on doing before going any further: 1. Worry about your credit score, dont file BK, and try to ride it out OR 2. quit worrying about your credit score, file BK and start living again. It really is that simple; you cant go any further without coming to some concrete decision. Posting further issues, "what if" scenarios, and worries isnt going to help you (nor those replying) until you decide.

[ksgirl38]

There IS time - its called cancel the autopays - w/draw the money out of the account and PAY THOSE BILLS with cash at whatever bank they're on. Most utility companies are with local area banks, so it shouldnt be a problem. If you overdraft the account, you can just include that in your filing. The very first thing you need to do is STOP worrying about your credit score - it doesnt matter at the moment, so quit focusing on it. Open another account while you can with another lender.

No one is missing your point at all; its frustrating to be sure, but not in the sense you're making it seem . R-E-L-A-X and learn from others who have done / gone through the exact same things that you are - they're trying to help you.

Not within the next 3 days. I couldn't get payment to all of them in time. None of my utilities are with local banks. I've never heard that.

I've already said about 5 times now that I've already opened a new account. It takes 1-3 business days for funds to transfer. The first transfer took about a week.

I have a good credit score now. If I decide not to go the BK route, I don't want something like this screwing it up.

[Pandora]

There's no time. I have at least 6 other payments coming out of the current bank account in the next few days that I can't get stopped or transferred over to the new bank account in time. ...... Somehow you guys are missing the whole point here and it's frustrating the hell out of me.

There IS time - its called cancel the autopays - w/draw the money out of the account and PAY THOSE BILLS with cash at whatever bank they're on. Most utility companies are with local area banks, so it shouldnt be a problem. If you overdraft the account, you can just include that in your filing. The very first thing you need to do is STOP worrying about your credit score - it doesnt matter at the moment, so quit focusing on it. Open another account while you can with another lender.

No one is missing your point at all; its frustrating to be sure, but not in the sense you're making it seem . R-E-L-A-X and learn from others who have done / gone through the exact same things that you are - they're trying to help you.

[ksgirl38]

+1 I agree.

This should be your top priority.

There's no time. I have at least 6 other payments coming out of the current bank account in the next few days that I can't get stopped or transferred over to the new bank account in time. I was counting on that credit card payment not to come out so I only have enough to cover those 6 payments. Plus the new bank account only has $100 in it. My direct deposit just got stopped on Monday. Somehow you guys are missing the whole point here and it's frustrating the hell out of me.

[ksgirl38]

Oh, I'm sure it is. They have records after all, of all the transactions. All of your information is stored there, including, I'm sure, your checking account number.

They did. I spoke to a guy on the phone yesterday and asked him to delete it. I know he did because when he was trying to reverse the transaction he didn't have the routing number to look up again. Either way, my bank put a stop pay on it. It just ticks me off. I'm still in the process of cancelling all my autopays and transferring everything over to a new bank.

[ksgirl38]

The bottom line is, they have your checking account information and access to your account. They may suspect you're going to file, if you have a high balance and have only been making minimum payments - when I called one card to stop Autopay, the gal I was speaking to immediately asked if I was planning to file bankruptcy. They can sense these sorts of things.

In any case, it doesn't matter - as long as they have access to your checking account, they have the ability to withdraw those payments, and fighting them when you've got so much other stuff to do will be exhausting. Your best defense is to get that checking account closed pronto, and open another one, then they can't take a dime. How long will it be before you can get things switched over? I'd make it a top-level priority.

That's not legal. It can't be. I guess I'll bring it up at consultation #5 tomorrow, but if you specifically ask a company that you are in good standing with the stop the autopays they should. The only legal way that I can see for them to do this would be to go through the courts with a garnishment.

I'd rather use that $400 for lawyers fees than to waste on my credit card company. They've gotten enough of my money. I don't have $400 to spare.

Somehow I feel like no one understands my point here.