I have a question. My husband had a mishap with this checking account and he had a 4.96 check that was returned, but was paid upon redeposit through electronic means. I have been on bedrest for the past 6 months due to a complicated pregnancy and he's been covering the bills on his own after depleting our savings account. It's not something that we're proud of, but it happens. So, the check was paid electronically and that was fine. The problem came when we noticed a $35.00 check that was the same check number and was being deposited as KT100. We contacted the bank and were told that it didn't give any more information. We knew that we hadn't authorized another check and sent the check back unauthorized. Today, we get a letter in the mail from a company called EFUND payment services who says that they followed all the rules of the debt collection act and they were right in collecting their fee this way. I have to argue with that. They expected to take a $35 fee for a check that was represented and paid for electronically by taking it out of an account without the knowledge of the account holder? Does this sound like a practice that is now being done? It's been YEARS since we've had any kind of bounced check, but this just sounds like deceptive and illegal practices. What do you all think? 1. It COULD be legal for them to collect a fee for a check that has been paid by his bank. 2. Is it legal for them to collect the fee the way that it was done ... without any kind of written notice for the account holder and by electronic means?
I appreciate any input. We are going to approach our bank first and then approach the company regarding the way that this was handled.