Owing $24K (was 22K on my first visit here) to AMex, at age 65 with 18K income on SS and pension, I decided the stress of waiting it out wasn't worth it. Advised here to close my bank accts if I'd ever written a check, or given access to my acct. Well, I did a stupid thing and caved to Nationwide (Amex's stooges), opened a new acct (same bank), put over $3k in it to "bring me current" and gave them the numbers for monthly withdrawal for a year (even though they couldn't tell me how much the monthly fee was going to be till they processed my huge deposit!). Three days later, they had not debited the new acct, I got cold feet and closed the acct. It's a month later and 2 days ago they called and said I was in violation of writing a bad check interstate which was a felonious offense. I've counseled with a BK atty. Guess I should get the process rolling, and quickly?...or does that alleviate any responsibility for my felonious act?
In my opinion, for whatever that's worth, it was not necessarily bad advice. If I have your phone number I can call you and say anything I want to say that is not illegal for me to say. I can also accuse you of anything I want and that's not illegal. For instance, I can accuse you of wife beating or many other things but so what? In this particular instance, their accusation might indeed be true but they cannot bring the charge. It takes a prosecuting attorney to do that. True, they can complain to a DA or prosecuting attorney but the greater question is whether or not any DA would actually be willing to do anything about it and the answer is that prosecuting attorneys will not accept complaints from collection agencies. Another important point is that if they did complain about it and the prosecutor's office accepted the complaint and pressed charges you could go to prison and they would get no money from you so they are not likely to do that. So what did they actually do? They may have violated Sec. 807(4) and Sec 808(2),(4) of FDCPA. You didn't give us enough information to actually make the determination on those possible violations. On the other hand, if they don't actually take the action they implied they might take within a reasonable period of time then you very well might have grounds to sue them under one of those sections. I'd say that they probably will end up violating and in the event that becomes true I would file a federal case against them if I were in your shoes. Of course, you would have to be able to prove that they did actually make those threats and if you didn't record the conversation it would only be your word against theirs. Sounds to me that you actually have little to worry about. No, filing BK does not alleviate responsibility for an illegal act. Filing BK may not work either. In my opinion I think that filing BK will only worsen your credit scores and do you little or no good at all. Sure won't help your cash assets any. I'd just wait and see what happens. Most likely nothing at all.
I know--and didn't say it was bad...just that I followed it I see that advice all over these boards. Admittedly, the problem was me--doing my "stupid thing" in getting the proverbial cart before the horse. But my Q was still legit, I think. Your answer was helpful in alleviating some anxiety. Last month my entire lower lip and inside my mouth broke out in cold sores where I've NEVER had them before, and my hair has been falling out since about the time they started calling me incessantly. The guys at Nationwide Inc make pitbulls look like sweethearts. I'll be looking up those sections for their specific violation. I know it's their job, but they have me convinced they're gonna pull out all the stops. Hope my age nets me some prison community respect! Is it your consensus, then, that by pulling out the money and closing an account on the numbers I gave them, that constitutes a felony? ...even though they didn't tell me how much the monthly $ would be? ...wouldn't it fall under the 3-day consumer protection "pull-out" clause in Missouri? I was "inspired" by a video link on the BKforum site of a client and "famous" attorney who filmed their phone conversation with these guys (don't remember their name or the link) and the client did just what I did, closed an account he'd given them access to...plus they wouldn't give me a monthly $ is what prompted me to take that action. In the meantime, due to my age and owning my home and car, I'm not so much interested in my credit score. But I'm afraid the home ownership is gonna bite me in the butt on a BK, even with my low income. They have found my ex's phone number (13 years and many states removed) and have started calling him. Also someone--possibly atty?-- called me today at 8:15A from an area code in NC. Didn't identify as Nationwide, but left his name "Stinson/Simpson(?) Brett", sounded about 18 years old. Anyone know if this Victoria, Canada company has a NC base of ops? Guess I should take this over to the BKforum.
So, according to above posts, Nationwide Credit, Inc., may have violated FDCPA regulations by stating to me: 807.4 and 807.5)The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person UNLESS SUCH ACTION IS LAWFUL (yes?-I stopped pay and then closed acct)...AND.....the debt collector or creditor intends to take such action.(did not state) The threat to take any action that cannot legally be taken or that is not intended to be taken.(questionable) Also: ...if they don't actually take the action they implied they might take within a reasonable period of time AND ...caller not telling me he was trying to collect a debt...if not, he broke the law? Gotta get a phone recording device ASAP! With one, would it be preferable to let them know they're being recorded, or just let them "hang" themselves? I guess you gotta let them know, right? And then be willing to take legal action against them. I checked Mo Atty Gen website last night and found TWO Nationwide Credit, Inc. One is NOT licensed for biz in Mo, the other one is, under a merger with another comp. Guess I can call Jeff City Monday ...oops, Tuesday! to ask which is which.
The check didn't "bounce." What you did isn't a violation of any criminal statute, federal or state, that I am aware of.
I can call you and tell you that you owe me money,i would have to prove it.Sending you a spread sheet isn't good enough.You didn't sign anything did you.As told it's a limited time offer,then so was your offer!
Maam, I resent that remark!! (LOL) Most pit bulls are sweethearts just like most other dogs. Maybe alligators would have been a better choice. (LOL) No, I wouldn't jump to that conclusion at all. I haven't looked at that law but I tend to doubt it based on the fact that in most states such laws deal with a consumer's right to rescind in certain situations where a consumer buys something from a vendor. Just who was that famous attorney anyway? I'd like to get a look at that video. What web site are you talking about? I'd say stay away from BK and right here. Apexcredit is an attorney and if he says you didn't break any law then you can pretty well believe him.
No Cap, I'm the "fake" creditnet attorney! Seriously, the OP's acts don't constitute a violation of any "bad check" laws that I know of. You have to have knowledge that the account lacked sufficient funds and the check has to bounce. I've never seen anyone prosecuted for closing out an account.
In that case, I don't think any of that really counts then. It well may be more on point to discuss what violations they committed and how she can take advantage of them. I read her original post, of course, and my thoughts immediately went to who is the real lawbreaker here and what can or should be done about it.
You know, I've never said I wouldn't pay these guys. I just got behind last summer and when I saw the 29.9% interest, like others of you, just figured I was skrood. What I have asked these goons repeatedly (that's not libelous, is it?) is to remove all the interest back to July 2008 when I dropped payments (have made half a dozen or so "obligatory" attempts at 25% of minimum) AND to give me a monthly payment I can afford at a lower interest rate. But I guess they'd rather keep employing knuckle-crackers than to take my money. I've tried calling AMex direct and they won't talk to me.
Why don't you call your state's Attorney General? Don't give your name and ask if what you did was a felony. If they say no, then give your name and tell them what AMEX has been doing and threatening you with, and that you've tried to work out payment arrangements. See if they can offer any advice.
If the OP set up the account and provided information, access and schedule to the creditor for ACH withdrawals, the creditor could come up with with a charge for fraud should the account be canceled or zeroed-out without notice. If the amount at issue was over a threshold value, the charge would be a felony. I am not sure that a district attorney would take the case, though, given the facts. As I recall. the Federal and State 3-day right of rescission statutes require certain specific notifications which, if missing, would leave the agreement in force. There may be technical flaws in its implementation that would invalidate recission, but I don think the DA would do more than say it is a civil matter and leave the parties to fight it out in civil court if they so wished.
There is no way that the OP's act constitute fraud insofar as it doesn't meet the elements . . . common law or statutory. Moreover, the debt collector wouldn't have standing to bring forth such a claim. Something of value has to be at issue for fraud to arise. What value did the debt collector convey and what did they lose? The OP needs to contact a private attorney and/or the state AG in regards to the debt collector. People put stop payments and close accounts all the time. I have never seen a prosecution for doing so under fraud or a bad check violation because it simply doesn't meet the elements.
