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Re: LADYNRED or Patti


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Posted by LadynRed (199.91.33.254) on February 12, 2003 at 17:53:02:

In Reply to: LADYNRED or Patti posted by RobinSC on February 12, 2003 at 16:09:01:

$27 to block them from accessing your account ?? Geezz.. what a rip .. but its better than letting these slimeballs back into your account to rob you.

Yes, the CA *may* have a tape of the conversation, but then again, they may not. If you only authorized ONE payment, then they had no business dipping into your account a 2nd time.

The FDCPA prohibits this anyway, it goes along with the post-date check verbage - they are NOT allowed to use a posted dated check without first notifying you, IN WRITING, prior to the deposit of that check (not more than 10 days, no less than 3). Electronic transactions come under the same prohibition. You might want to take that section of the FDCPA with you to the bank - the FEDERAL law is on your side.

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§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

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