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Collections Agency took money out before said date. PLEASE Help! Running out of time.

This is a discussion on Collections Agency took money out before said date. PLEASE Help! Running out of time. within the Debt Collection forum, part of the BANKRUPTCY & DEBT COLLECTIONS category; AllState Financial has been contacting me on my cell phone nonstop about an Applied account I had and that they ...

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Old Oct 4th, 2008, 06:02 PM   #1
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Unhappy Collections Agency took money out before said date. PLEASE Help! Running out of time.

AllState Financial has been contacting me on my cell phone nonstop about an Applied account I had and that they now are in charge of. I have never recieved a letter or anything stating that I owed them. They only have left messages with claim numbers that said to call back. When I finally did call, they said I had to pay $1,344.90 in full and pretty much, that there was no other option or they would file the lawsuit against me (the amount owed at Applied was less than that amount but I understand if they charged me for nonpayment - & before you judge and say it was my fault for going into debt, please understand that not anyone is blessed the same way with money. I had to stop working for a while for health reasons.)

I explained that my bank account didn't have money at the moment b/c the bank and I actually were going through a fraud case where someone in another city somehow got a hold of my debit card info and made a replica of it and took out money I had in there (AllState Financial said that I was lying pretty much - apparently I can't be a victim of fraud). The bank was gonna give me my money back that following week (provisional credit) but it was for my rent but the guy said I had till October 2 to put the money in, to call before if I didn't have the money. I said OK, gave him my bank info (since he pretty much threatened a lawsuit against me & I was going to put more money in for the debt). Well, I didn't get my provisional credit when they said they would give it and the extra money I had, it was for my rent. I called on the 1st of October in the morning telling them (AllState Financial) that I didn't have the money yet. They said why didn't I tell them before (they didn't tell me that they already tried taking the money out on September 29).

I told them I would call them when I had the money in or If I could make monthly payments and set that up - they said No, it was too late for that. I said I would call when I got more money then, they said Ok & hung up on me. Then I get a call today, the 4th of October and they say that since the check that I have them bounced, they will have a warrant for my arrest on the 6th if I don't pay in full. I said I had called before the 2nd to state that I didn't have the funds. They said they took it out the last day of September and that it was gonna post on the 2nd and I had to say 72 hours before that I couldn't pay (they hadn't told me this). He said they have a recording of me giving my bank info and stating that I would pay that amount and it bounced so that they were gonna file a warrant for my arrest and I would go to jail.

I said if I can make payments thru INCHARGE DEBT SOLUTIONS (the people there said that Allstate accepts payment thru them and they are just trying to scare me so that I can pay in full) but they said they will not accept payments from INCHARGE. I'm a mother of a two month old and I haven't been working b/c I've been sick the whole time (during and after pregnancy). I AM trying to get my debts back in order (they aren't a lot - just a few) but at least I'm trying. But what I'm asking is, will they seriously issue a warrant for my arrest for one bounced check? I know I said I would pay but I told them before they had told me to call and it's not like I'm not wanting to pay them. I do but I can only make montly payments. It's either pay them in full or get evicted from my apartment with my two month old with nowhere to go. And by the way, the people at AllState are not the nicest people to talk to. I have tried talking in a nice manner but THEY are the ones that are so rude and I'm trying to work with them but every answer is a NO. TOO LATE. There have been a lot of people in my situation ( Phone Number Comments - their phone number is 866-508-1877) but I haven't read about getting threatened to have a warrant out for your arrest. Please help, I'm freaking out here.

Also, some extra info:

I have tried explaining my bank situation to the Collections agency - they barely give me a chance to talk. They basically say that they don't care about my personal and financial problems (having a fraud case investigated on my bank account is my problem & "doesn't make sense to them") and they pretty much just want the money. I have to give them an answer on how I'm gonna pay (by check, money order, etc.) by Monday, the 6th or they will send a warrant for my arrest. I don't have anyone here to lend me money and I doubt my bank would give me a loan. And there are no payday loans or anything like that here in GA and I've heard those aren't good anyway - I'm trying my best to get out of debt and I've heard those just dig a deeper hole. :\ It's my fault for giving them my banking info but the threat of a lawsuit scared me. I don't know what to do.....and I'm running out of time. PLEASE HELP!
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Old Oct 5th, 2008, 09:58 PM   #2
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Default Re: Collections Agency took money out before said date. PLEASE Help! Running out of time.

They normally cannot have you arrested if they were taking checks knowing funds were not there or post-dated checks; it is a civil matter.

You could sue them in small claims for violating the agreement if need be.
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Old Oct 20th, 2008, 07:45 PM   #3
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Default Re: Collections Agency took money out before said date. PLEASE Help! Running out of time.

I have the same problem with the same company. I have recorded calls where I ask them to verify my accounts and each time they say they'll call me back but never did.
They told me they were going to file 2 counts of fraud on me. I'm going to check if I have charges or warrans on me.
Nothing has happened so far.

I do think they tell people these things to try and scare you into paying.
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Old Oct 22nd, 2008, 08:45 AM   #4
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Default Re: Collections Agency took money out before said date. PLEASE Help! Running out of time.

Do not EVER, and I mean EVER!!! Give out your checking account info to ANY COLLECTION AGENCY!!! Always pay by money order or check. They are not going to file "fraud" charges against you and if they threaten you, this is a clear violation of the FDCPA!!!
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Old Oct 31st, 2008, 01:18 PM   #5
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Default Re: Collections Agency took money out before said date. PLEASE Help! Running out of time.

I hope this advise dosn't land you into more trouble but this has worked for me so far(LOL). I have the same company bothering me for a VERY long time for $550USD. To be honest, I don't think they can do ****. I have over 1,000,000 in USD and GBP funds in 3 american accounts and they havn't been able to touch anything yet.

you made a big mistake giving over your banking info... your first order of business should be cancelling that account and opening a new one elsewhere.

once they don't have your info you may being having some fun with it.

don't spend time worrying and trying to scrape together funds, but rather spend your time enjoying and caring for your child, and try to find a job or somthing to scure your future.

When they call you again, have fun. Pretend that you don't know them or what they are talking about no matter what they say. Tell them compleat bull**** stories. Tell them that you will give the 25% or 50% of that debt and no more. if they agree, tell them that you have changed your mind. Tell them to call you in 1 months time. If you get bored or scared just hang up the phone and go on with your life. the important thing is that you have a child and that child should be #1. let the creditors know that they are upsetting you and that your babe is now crying. Manipulate. creditors are people too, and i have broken down several collections agents with powerfull munipulative rhetoric.

I wouldn't recomend this path of action unless u acctually have the money, like myself, and are just out for some payback/fun. But to me it seems like they are "all talk and no walk". I have spoken with my legal team just out of curiousity and they seem to have a varied oppinion of "pay immediatly" and "don't pay at all ever".

just don't worry about it
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