I made a settlement with National Asset Recovery. Two days before the payment was to post, I called and made arrangements for the payment to be broken down. The payment was extreme anyway, but, I was pressured into it by a swift talking representative. When the payment was withdrawn, it was for the original full amount, therefore it created an over-draft in my account and I was charged a fee from my bank. When I contacted the representative, he apologized and we set up a new payment arrangement, minus the bank fee. This week I recieved a letter stating that I owe the remaining amount of the account. They are wanting the amount I paid PLUS the amount that was "reduced down". When I mentioned the arrangement and the accounting error on their companies part, they said that there are no notes mentioning that I made these payment arrangements. They also stated that the representative did not have authorization to break down the payments or reduce the payment to cover my banking fee. When I asked to speak to him to clear this up they informed me that he is no longer with the company. This all leads me to believe that due to his error, he was fired, but I'm being penalized and forced to pay the remaining balance. They told me that when the check came back NSF, that it broke my settlement and that I'm obligated for the remaining balance. Is this correct? Can they do this to me since there's not any notes regarding the day I called in for the breakdown of payments?
Rule #1: If it's not in writing, it didn't happen. They conveniently control the notes which are in their system, which is why it's idiotic that the courts take their "print out's" which show that we sent something on xx/xx/xxxx; and we didn't get it back, they must have gotten it.
Rule #2 - Never talk to a ca on the phone unless you have a tape recorder running! On 20/20 last night they were able to play recordings of CA's using strong arm tactics... Priceless!! Rule #3 - Always take control over the situation. It never ceases to amaze me how someone over the phone can control you when you always have the ability to simply hang up. Remember hat they called you and they WANT to talk to you becuase they think they will be getting money from you so use it to your advantage. It is your phone that you pay for every month so become Queen/King of you phone! Send them a lettter telling them they withdrew excessive unauthorized funds from your account creating an overdraft situation that you expect them to pay immediately and to return the excessive unauthorized funds within 5 days. Also attach the complaint you are making to your state and their state AG's offices for these excessive unauthorized charges. AG's are getting sick and tieed of the ca's and are starting to come down hard... And finally file a complaint with your bank about this unauthorized charge. They may not be able to do anything BUT will show you are being pro active in your fight! Good Luck...
Thank you for the advice. I have since spoken with them twice, and each time have requested to speak to a manager. I keep getting a voicemail. The reps. inform me that the manager will call me back, but they never do. They have offered me another settlement, but I denied it.
