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Is this legal for a credit card company to do?

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Very_Boring_Name Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 11:50 AM
Original message
Is this legal for a credit card company to do?
Edited on Wed Dec-01-10 11:51 AM by Very_Boring_Name
I have a credit card from my bank, and am three months behind on the payments. I spoke to them on monday and told them I would be able to make a payment on friday, which is my payday, for 50$. They agreed. Yesterday I discovered that they had taken the 50$ on tuesday (I needed that money for other stuff). I just got off the phone with them, and the guy (who was a complete asshole by the way, even though I was being as polite as possible) who I spoke to basically said "even though you made an arrangement for friday, that is not binding and we can take the money out whenever we want."

I'm pretty upset right now. I told him I was changing banks over this and his response was basically "so? you're still in collections. When can you make your next payment?"
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Dreamer Tatum Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 11:53 AM
Response to Original message
1. Yeah, they can do that. Sorry. nt
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Lance_Boyle Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 11:54 AM
Response to Original message
2. Most likely covered in the fine print.
You should never permit a creditor to debit your accounts - you should always push the transaction rather than letting them pull it. Most likely in agreeing to let them pull it, you agreed to let them pull it at their convenience.

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sharp_stick Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 12:09 PM
Response to Original message
3. They can do that
your best option as far as I can tell is to get your banking to a different institution. I'd prefer a Credit Union because I find them a lot easier to deal with but a smaller bank not affiliated with the mammoth assholes that you are currently dealing with.

Best of luck, I sincerely hope things get better soon.
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Speck Tater Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 12:11 PM
Response to Original message
4. The banskers and other corporations OWN us. We are serfs and peons. Get used to it. nt
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Angry Dragon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 12:55 PM
Response to Original message
5. CREDIT UNION ............. magic words
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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 12:57 PM
Response to Reply #5
6. I wish everyone would pull their money out of major banks.
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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 12:57 PM
Response to Reply #5
7. I wish everyone would pull their money out of major banks.
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hayu_lol Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 01:07 PM
Response to Reply #5
9. Strongly suggest you get advice from an attorney...
asap. There are some options for you that may apply.

State laws vary considerably as to what banks can and cannot do. Sometimes it depends on whether your deposits are from several sources or are pension income only.

Many attorneys offer a free counseling session.

Also, keep a log of the calls you receive include recording them(tell them you are also recording). If they are unduly nasty, in your opinion, be sure to include that in your log. Take this to the attorney session if the collectors get out of hand.

The bank collectors generally only work an account for a limited time before the bank bundles the debt up and sell it to a debt collector. Attorney can advise actions you can take if the matter goes this far. Can get tricky depending on your income/sources. If debt collectors get too nasty, there are laws that protect you and penalize them.

Again, suggest you get yourself to an attorney.
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Angry Dragon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 01:17 PM
Response to Reply #9
11. I think you meant to reply to the poster and not me
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Mimosa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 01:04 PM
Response to Original message
8. Never allow automatic withdrawals.
Change banks and don't allow auto withdrawals.
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Very_Boring_Name Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 01:21 PM
Response to Reply #8
12. In the past, its never been automatic
Whenever a date was arranged, they'd always ask me how I would be paying and I would say "online." This time they never bothered to ask how I'd be paying, so I had just assumed I would do it online like always.
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Mimosa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 01:34 PM
Response to Reply #12
13. I think they tricked you into a verbal agreement.
Have you gotten into a debt counseling/settlement program or are you deeling on your own with the buzzards?
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Matariki Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 01:15 PM
Response to Original message
10. Was it an automatic withdrawal?
If not, if they had access to your checking account because they have your routing number, they would be in serious trouble. A friend had a large debt wiped out when a collection agency did that to them. Contact your state's Attorney General.
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