Collections Law/collections

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Robert, I had a free checking acct and stopped using it.  After not using it for a period of time, the account started accruing fees, which threw me into a negative balance, thus incurring more fees.  The bank sent me letters to pay these fees, I called their customer service line and explaianed the story, they said they would remove the fees and close the account.  Months later I received a letter from a collections agency to collect on these fees, I explained the situation to them and was told I would have to fax the collection agency something from the bank stating this was true.  I called the bank again, of course now I was told the account was old and was charged off and they can no longer access it.  I went into a branch to speak personally with manager, who said they would take care of this, only to leave the branch 2 weeks later and I never heard from them again.  I went back twice more, 2 new different people stating they would call me back after looking into this, again no response.  I was told in NY, by law I don't have to deal with a collections agency if I don't want to, I can deal with the accusor directly, is this true?  I am concerned this will affect my credit, the fee is $142.  Should I just pay it, fight it with the bank or collection agency?  At this point I am so frustrated with the whole thing, I want to fight it.  This is not right !!  Could this turn into a judgement? Please advise.  Thank you.

Answer
Hello Phobe,

Thanks for taking the time to write to me regarding the issue on the overdraft collection at the bank.

My first thoughts on this issue were to tell you simply pay the 142.00 because it was such a small amount and many times the risk is not worth the benefit of the fight.

BUT, you said that you talked to an actual employee at the branch level who initially said that the account was resolved in full.  THIS IS A BIG PLUS FOR YOU.

I would do the following:

1. Go to the branch and ask the representative who said that the matter would be taken care of to simply write you a letter stating that she told you this.

2. Send a copy of this letter to the collection agency along with another letter telling them to CEASE AND DESIST on collecting on this account, as you not only dispute the validity of the debt, but have proof that you do not owe the money!

3. Check with a company called CHEX SYSTEMS to make sure that your name has not been added to their database as one who is known to run their accounts in the overdraft.

This is the most important part of this whole mess, so that your ability to get another account is not in jeopardy.

THAT is what I would do!

Thanks for writing and if you get a moment, please leave feedback on the site!

Have an awesome day!

Robert Paisola
Chief Executive Officer
Western Capital Financial
www.mywesterncapital.com

ABOUT THE AUTHOR:

Robert Paisola
CEO Western Capital Financial

Robert Paisola is an international motivational speaker, trainer and author. He is an expert in the field of Personal Real Estate Investor Training. He is a professional speaker who has been featured on CNN, CNNFN, and the Wall Street Journal. He can answer your questions on the "Basics of the Real Estate Investing Business" to detailed issues regarding your specific transactions. Life Experience Robert Paisola is a Professional International Seminar Speaker in the Areas of Real Estate Investing, Tax Lien Investing, Rental Property Management, Real Estate Coach and Mentor Training and Business Management. He has served companies throughout the world.

If you are interested in learning the business from someone like Rob email his office at mailto:robert@trumpworldwide.com or call our offices Nationwide toll Free at 1-877-517-9555 or visit http://www.allexperts.com/displayExpert.asp?Expert=38419 or visit http://www.robertpaisola.com/

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Robert Paisola

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I wanted to take a moment to talk to our clients and readers around the world.
We are facing a VERY SERIOUS and COMPLEX financial disaster in the United States taking place. I am being overwhelmed by victims of companies such as American Express, Nationwide Credit, Allied Interstate, Unifund, and our company Western Capital.
We have also been getting massive exposure from the international media because of the video that we posted on YOUTUBE where we show our live conversation with AMEX and Nationwide Credit. You can see this video at www.MyWesternCapital.com
The Bottom line is that if you have been abused, buy an MP3 Recorder and email us your outline of whats going on. If we accept you, you will be required to pay 500.00 via PayPal.com to robert@mycollector.com and we will do the same for you as you see in the video. I will only take 5 clients a week, because of my speaking schedule.
Again... If you have been scammed, I will personally assist you. If you are a business owner visit my special message for you at www.westerncapitalturnaround.com and send your specific details also to vip@westerncapitalturnaround.com
To your Success,
Robert Paisola www.RobertPaisola.com 801-619-4700 or 1-877-517-9555


As the CEO of Western Capital MyCollector.com , based in Salt Lake City, Utah, Robert Paisola has been distinguished as a foremost expert in the field of debt collection, credit, creditors rights and collection agency administration. Having appeared on many national news and information programs, Mr. Paisola is the expert the media turns to when a creditor/ debtor issue becomes HOT! Check out the web site at www.mycollector.com for more information. If you have a special situation that you need personal assistance with, simply visit www.WesternCapitalVIP.com and you will be on your way to resolving your crisis!

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Over the past few years as I have been able to assist many of you in this and other varous forums, I have been asked over and over about the possibility of hiring me personally to resolve your specific issues.

If your situation is one of crisis - losing a home, serious collection stress, attorney involvement, tax issues, etc, a reduced rate can be provided for direct one-on-one help.

In matters where you have a lot to lose, it may be wise to call our offices at 1-877-517-9555 and ask for Lisa to see if she can set you up as a private client.

Due to my extensive travel schedule, I will not always be able to take all cases, but my goal is to assist as many people as possible.

Most of the time, we get results very quickly and we cut through all the red tape.

Are you the owner or manager of a credit and collections department? Visit www.mycollector.com and spend some time looking around.

You can now have Have Robert Paisola provide on-site training for your collectors and call center employees.

Just Call Western Capital at 1-877-517-9555 for more information or email Robert at trainings@mycollector.com

Finally, If you feel like your life is running in circles and you feel like you have lost all hope, check out Impact Trainings in Utah at www.impacttrainings.com and tell whomever you end up talking with that I personally sent you. I PERSONALLY recommend this program to all of my students, It may be the biggest challenge you ever face...YOU!

UPDATE 7-2006 We are noticing that many of the complaints that you have are against debt collection companies.( Listen to the calls at http://www.WesternCapitalTurnaround.com and you will clearly see that we may be able to assist you.

If you are looking for an attorney to merely churn papers, then I am not the solution. If you are mad as hell and want RESULTS email me now at robert.allexperts@mycollector.com and lets talk. You can also visit http://www.WesternCapitalVIP.com

WOW! I feel like I never get any sleep! YOU ARE MY CAUSE! I LOVE WHAT I DO! But, Sometimes CONFLICT is necessary to PROTECT YOU. JUST GO TO THE SITE AND BE PREPARED TO BE BLOWN AWAY!!!!!!

Also, please take the time to provide your feedback and understand that I WILL ALWAYS REPLY, and take that into consideration when you rate for answering your question QUICKLY!

I have logged in from seminars in India, Germany, Hong Kong, The United Kingdon, China, Japan and all over the world to assist YOU in a timely manner!

Please Visit www.RobertPaisola.com for all of the details!


We are taking this mission very seriously and have received over 2 Million Hits on our site at www.MyCollector.com in the past 90 days.
That shows that YOUR VOICE IS BEING HEARD!

Finally, let me say that I am honored that you are taking the time to read this. We have worked very hard to create CHANGE in the collection industry and we know that you have many choices on this incredible site to submit your questions to, and I am more than happy to assist you! Just Please provide the positive feedback when you receive a reply!

UPDATE- 4-2007 LISTEN TO A LIVE 3 STAGE CALL to ALLIED INTERSTATE AND INTELLIRISK- AS THEY VIOLATE FEDERAL LAW....WITH ROBERT PAISOLA! Robert Paisola wins $30,000 in FDCPA Damages in 45 Minutes! GO TO www.MyWesternCapital.com/news_allied.html NOW! This is a LIVE AUDIO FEED THAT WILL GIVE YOU AN IDEA HOW YOU HAVE TO DEAL WITH COLLECTORS WHO CROSS THE LINE. IF YOU HAVE HAD PROBLEMS LET US KNOW!

UPDATE OCTOBER 2006- NATIONWIDE CREDIT IS NAILED TO THE CROSS BY ROBERT PAISOLA FOR MULTIPLE FDCPA VIOLATIONS- CLASS ACTION LAWSUIT IN PROCESS- MILLIONS TO BE PAID! LISTEN TO THE LIVE CALL AT MYCOLLECTOR.COM

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