Legal Question in Credit and Debt Law in Tennessee

Unauthorized debit

I had made payment arrangments to a colletions company to debit $50 a month from my account for several months and then there would be one payment of $200 scheduled for Oct. I was told if I couldnt make the 200 pymt to call and let them know. I called the 10th of Oct. and told them to do only 50. On the 16th of Oct I got the conformation letter for both pymts. On the 20th I called to reconfirm that the $200 pymt was cancelled and I was assured that it had been cancelled and that only the $50 pymt would be coming out of our checking acct. on the 26th of Oct. Well of course they ran both pymts and now I am being told that it would take up to 4 weeks to get our money back. I now have $22 dollars in my account for the next two weeks and no food in the fridge for my family. What am I to do? Have they broken the law? I called the FTC and made a complaint, but that was all they could do for me. I need my money back immediately. Just wondered if they had to return the money to me immediately. Thank You


Asked on 11/03/06, 12:46 pm

1 Answer from Attorneys

Ken Caldwell The Law of Offices of Ken Caldwell

Re: Unauthorized debit

It appears that the collections company has violated the Fair Debt Collection Practices Act. That act gives you the right to sue in federal court. Unfortunately the legal process is slow and it doesn't get your money back right now when you need it. If you are interested in pursuing a claim, please feel free to contact me by email.

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Answered on 11/04/06, 7:41 am


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