hi, my daughter just spilled her guts to me and I am digesting it all slowly so this is the first thing I need to find out..her husband who had a credit acct with firestone which she thought had been paid off. she gets a call from collection agency and words from his mouth(have his name and fax # but doubt it matters) hey debtor get your head out of your --- and pay your bills.She stupidly gave him HER bank acct #..husbands name not on acct due to previous bullcrap...they are now taking 50 a month out of her acct..since she is not on card and he got card before they were married and she isn't an authorized user....is there any way to get them to stop taking money from her acct...the bum should have to deal with his own debts.sorry for rambling... any help appreciated and will be asking for more since this is just the start...
1. STOP the deductions immediately - work with the bank on this one. 2. Notify the CA immediately that the debt is not hers, she has no obligation under it (unless she lives in a Community property State) and they are to immediately refund whatever money they have taken from her on this account. 3. File immediate suit against the CA for violation of FDCPA sections 805(b) (communication with nonobligated third parties), 806(2) (use of profane language in the collection of a debt) and 807(2)(A) (false representation the nature and character of the debt). Demand $1,000 damages for EACH violation.
Contact her bank and have her put a stop pay for anything from the CA. I used to work in ach department of a bank and they can't take money out of an account if she doesn't want them to. If she set up what is called an ACH(automated clearing house) or EFT(electronic funds transfer) with the CA, then she needs to fill out an ACH/EFT revocation form, which her bank should have.
Sorry to hear your troubles. First thing you need to do, is to close out that bank account, and open it elsewhere. And to prevent any further headaches, put in writing to the current bank not to honor any other withdrawals from this particular CA. Make sure you remember to mail that letter to the bank Return Receipt Requested, so you have proof that the bank received the letter, and later cannot claim to be unaware. You do not want to have to deal with bounced checks and NSF fee crap later on. Second thing, write a validation letter to the CA, requesting him to validate the debt. Your past payments to the CA do not negate your right to request validation from the CA. You need to be aware of the FDCPA, and understand all its nuances and fine points. Third, dispute the tradeline on her credit reports, if it appears there. This must be done AFTER you have proof that the CA received your validation letter. The law explicitly states that the CA must cease all collection efforts once he receives validation request, until such time as the CA provided full and complete validation. If the CA verifies CRA's dispute, you have them on a violation, and that's worth $1000 to you per FDCPA. For that, (a)you need to know what validation is; hence the required reading; and (b) be prepared to file suit and follow through; being chicken at this stage won't help you. Fourth, file a separate suit against your daughter's ex to recover the money that has been wrongly deducted from your daughter's bank account. Good luck. Other experts may give you more specific, and better advice than me. Follow through, and you should be fine. [Edit*: Sorry, I assumed you are a newbie. Perhaps you know all this stuff already, only after posting I saw that you are a veteran since Oct 2002 ]
It sounds like he's still her husband, not her ex. I think she needs to write a strongly-worded letter to the creditor stating that this is not her debt, and that she has no responsibility for it. She gave her bank account number because she was put under duress and wanted to get them off the phone. State that her husband's name is not on this account, and she has stopped payment. But the fact that they're married could be an issue, depending on the state. While she may want to move her account to another bank, she can probably give the bank notice in writing not to honor any more drafts from this people.
thank you all for your quick responses.all help is greatly appreciated, lakpr..........I have been around awhile and read all the time..I have even tried to work on my own credit reports but I am disabled and do have trouble with concentration and comprehension so when I get all my reports in front of me my head spins......so all the help you guys give is needed and appreciated..especially the clarity that all have responded with... will keep reading over all posts but am thinking the first thing she needs to do is stop them from taking from her acct. she cant close acct because she has a loan from them(the bank) herself that they take paymenst automatically..yes they are still married....just found out he had her in lawyers office yesterday filing BK....on 11k of debt!!most his that she had no idea about..... lawyer should know better.....NOW daughter has wised up...finally...sigh....again,,any and all help greatly appreciated!
Callippso, Something just struck me ... I hope your daughter is not filing tax returns as joint with her husband. At least for 2003, make sure she files as married filing separately. You do not want to have to deal with the IRS, in case your daughter's no-good husband started cheating on taxes.
Re: Re: money taken from bank acct lakpr,thanks and no doubt he has in past..he only made 2k last year and thats probly about right since he didn't work much at all. she is waiting on his w2 and then I will do their taxes for them..married filing seperately would cost her alot and she needs all she can get to MOVE OUT..and pay all the utilities etc for where she lives now.I am biting my tongue till we get the w2 cause if he had any idea of whats gonna hit him he would hold it back just for spite.however if need be she could file as you said. update on original post.she stopped bk and got money paid back..went to bank and put a stop on collection agency scum withdrawal. just found out the call she got was in oct and he had her so upset she was crying.when she answered he not only said what I stated in previous post but also asked.why arent you at work(she is a workaholic)...she told him she was sick,what was it to him.he then said.you don't work...you don't pay your bills...on and on..now mind you..not only is this not her acct........she is the ONLY one that works in that family....she was trying to get things straightened out on her own but I am so glad she has told me and you guys are here to help.will be asking more questions later,till then tc!
