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Mortgage Co debited our acct twice for one month's payment

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TodJoK

Junior Member
UTAH

We are in Chapt 13 bankruptcy and this really has little to do with that. Our mortgage is NOT part of the bankruptcy, we pay our mortgage pymts directly to the mortgage company.

Our mortgage payment has always been auto debited from our checking account like clockwork for the past 4 years. About f4-5 months ago, we noticed it wasn't auto debited. We called and were told there was a glitch in their system. The next month there was no problem with the auto debit. The month after that it didn't hit so we called again and were told the same thing, that there was an issue with their auto system because they merged with another company. The next month, no problem then the NEXT month (December, just last month) it didn't hit. We called AGAIN and were told that because we are in Chapt 13 they were not allowed to do an autodebit for our mortgage payment, that we had to mail a check or call in a payment to be electronically debited from our checking account. Okay, no big deal. On Dec 31st, 2004 as instructed by them, we called to have our mortgage debited from our checking account. I started getting overdraft notices. When I looked at my checking account there were TWO mortgage payments debited. The auto debit payment (after we were told it was not allowed and they would not be doing it anymore) and the one we called in. This resulted in overdraft fees of nearly 300.00!!! We called the mortgage company and after much running around they apologized and promised to overnight a check to us stating that they couldn't electronically credit back the amount. No check came. We called and were promised a check overnighted AGAIN. Didn't happen. They promised three times to overnight a check including overdraft fees. It will be a week tomorrow. They have stopped returning our calls. Our money is tied up....we are over 800.00 in the negative with our bank. We are never late with payments but this is cutting into our other bill money. We have no money for necessities because of this. It was a supervisor that promised the check. I have left messages for him AND his supervisor but no response. What can we do, if anything? We have left probably 12 messages all together today between the both of them. Please help!
 


Your problem is you're trying to accomplish this via the phone. You need to contact YOUR bank and let them know what has happened to see what they can do to assist. As for the mortgage company, you need to write to a supervisor or a manager and make them aware of the situation. If you have on-line availability to view your account, send a print out showing the two payments. I'd also send them whatever you've received from your bank showing the overdrafts and double payment. Threaten to sue if you have to.
 

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