Debt collection agency made unauthorized withdrawl?

[chason62]

A few weeks ago I set up a check by phone payment with Calvary Portfolio Services, a debt collection agency, to begin paying off my phone. My account rep told me that if I could make another payment for $83 the next wek he would close my account and call everything paid for....even though I owed alot more. I told him I would try my best but couldn't make any promises because me and my wife live paycheck to paycheck.
Fast forward to yesterday when i called my bank to balance my check book and it told me that check # 500 cleared for $620 AND $83. Come to find out, Calvery went and wrte themselves out another check for the 83 dollars without my approval or authorization. The 620 dolaRS WAS FOR MY RENT. What rights do I have as a consumer to fight this. I know they are a debt collection agency and all the info they recieve can be ued for debt colection...blah, blah, blah.....but do they have a lawful right to just start writing out checks when they want? This 83 dollars may not seem like alot but that money was for my heating oil and now I may run out.

[pascoe69]

What they did was illegal, and violates the Fair Debt Collection Practices Act and other laws. See a consumer lawyer and sue them.

[bocley]

First thing I would do is contact my bank and tell them that you did not authorize a second payment of 83 dollars. Then I would call the collection agency and talk with a manager not a phone rep and tell them what happened. I don't think they have a right to do that and it could possibly be considered identity theft since you only authorized one payment.
This is no different if you made a payment by credit card to pay a bill and they decided to go ahead and charge your card for another payment.

So call your bank for and see what they advise you and then call the collections agency. Who knows, you may possibly file a law suit but i doubt you would want to go that route.

[aingeni]

Unfortunately, you already authorized the withdrawal. Next time you do something like that and don't want the money coming out anymore (like a gym payment or insurance payment), you can go to the bank and fill out a form. They will stop it. The vendor can as well , but I dont think you were dealing with a reputable agency.

[cuartio52]

Call your states attorney general office and call the consumer affairs office. I would also like to state NEVER give those people your account numbers until you are ready to pay in full, and ALWAYS record the conversation you had with them telling them you are going to do so.