Collection Agency "stole" money from my bank account

[momofrose]

What is the name of your state? NJ (but this occured in NY)

I was contacted my Allied Interstate several times..First by a man who would not stop calling me time after time (once 6 times within 5 monutes at work).

ThenI was contacted by another man who identified himself as being employed by Capital One( the actual person to whom the debt is owed). This after I asked him if he was from Allied Interstate because I would not deal with them any longer. I agreed to a payment plan and gave him my bank info.

I then received oyher harassing calls from Allied, inckkuding one who identifieed herself as "Miss Mason from the State of New York".

I did some research and found all of the their collection practices to be illegal. I filed a complaint with the FTC.

I then contacted them by phone and by fax advising them that all payment arrangements were null and void due to their illegal collection practices...well what do you think happened? Yep - the transaction went through and threw my account into overdrawn status incurring $93.00 in service fees.

I called them LIVID..they acknowledged this transaction was not be to put through. They asked for a bank statement and a letter from the bank denoting the servic charges...I got everything,I faxed everything. I was then told it was being Processed (last Friday)

Yesertday I was told it will take at least a couple of weeks to get my money back.

I am thinking I am better off filing a small claims case against them. They stole money from me, and are now making me wait to get it back.

They have acknowledged their practices were "wrong".

Do I have a case....and can I sue for $3000.00 to make a point?

Thank you so much!!

Denise

 

[momofrose]

BUMP

 

[BL]

By the time you get around to small claims your money might be restored anyways.

As you know you have to prove willful violation , and unlawful practice.

Send a Letter to: IMMEDIATE ATTENTION : ( to the place that said they are in the process of restoring your funds ).

Advise them of there Illegal Violation of the LAW ( the Law code,etc. if you have it ).

Advise them that under the Law you can and will sue them for up to $3000.00.

Advise them they have ( 10 ) business days to restore your funds, plus bank fees caused by them. If they don't you will take Immediate Action.

Advise them to wipe the debt free, and not to take any more collection action or illegal reporting to the CRAs .

Advise them If they do you will Immediately file a Lawsuit for $3000.00 in damages.

Advise them the ONLY contact you want from them is acknowledgment of the restored funds and that there will be NO Debt and NO MORE collection activities.

This will get their attention.

Of course it's entirely up to you if you want to file small claims.