AboutMichael Brotherton Expertise Consumer/Debtor Rights Advocate.
Current President of Financial Emergency, Inc FKA Debt Mediation & Financial Counseling. Inc, a debt mediation service.
30 years in the credit and collections industry. Former loan officer and debt collector. Managed two middle to large finance companies.
I am well versed in Loss Mitigation practices and the legal collection process. I have helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com.
We actively promote Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. It is my opinion that the more informed you are of your rights in the credit and collections practices the more peace you can have dealing with your FINANCIAL EMERGENCY.
Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be.
Primary business- Debtor Rights Advocacy and Debt Mediation relating to foreclosure, creditor lawsuits, and other serious financial problems.
www.financialemergency.com (copy and paste in browser)
Experience Former loan officer 23 of last 30 years. I have been a debt counselor and mediator since 1992. Current owner of Financial Emergency, Inc. A Debtor Advocacy organization. I also have a radio program called "Financial Emergency" where I routinely answer call in questions from listeners about credit, debt, and the collection system. My emphasis is on "Consumer/Debtor Protection" and the collection process.
Education/Credentials Many years hands on experience. No formal eduction other than Finance and Credit Management training through former employers where I managed two rather large finance companies.
Awards and Honors Numerous letters of recognition from previous employers for excellence in my field.
Expert: Michael Brotherton Date: 4/13/2008 Subject: Unauthorized charge to debit card
Question I live in California. In January, I bailed out a relative and paid $800 down and signed a contract to pay $300 per month for four month, for a total of $2000. All the payments have been made on time. This issue arose in March of this year. I made the March payment at the beginning of the month. On March 24, I checked my online bank statement and discovered that the company had charged my account $300. When I called them (after much discussion),they told me it was a mistake and the charges would be reversed. Since I did not have $300 in my account, I ended up with over $200 in overdraft fees. No one from the company ever called me back. After four days, I finally got to speak to one of the managers. When I explained the situation to him, he said he would check into it. He did not call me back.
I went to my bank to file a claim and was advised that it would take at least 20 business days to receive a response.
About a week ago, someone from the company called me and said she would speak to her boss about the issue. I could not get a clear response to what she was going to discuss with him. Yesterday, I received a letter from the bank saying that it was a merchant error and that I would have to deal with them directly.
This company (at least two of its employees) have been rude and unapologetic. This transaction, besides the overdraft fees I incurred, left me without a dime. I had to borrow money to pay my electric bill which was scheduled to be shut off the day after they made the unauthorized transaction. I am a grandmother taking care of a six year old boy, and we were left without funds for food, and for me to put gas in my car to get to work.
This happened the week of March 24. Still no word from the company.
My contract clearly states that my payments are to be made between the last day of the month and before the fifth day of the next month. The payment methods are in person at the office, by mail, over the phone using a credit card or by Moneygram. Nowhere in the contract does it read that they can make automatic deductions from my bank account.
Can I sue in small claims court?
Thank you for any advice.
Answer You took the words out of my mouth. If the company doesn't take immediate action file suit. First, send a certified letter advising them of your intentions unless they resolve the problem and reimburse you all funds and overdraft fees within three days. if they don't correct it immediately file the suit in small claims. Ask for actual damages and to reimburse you for time off the job if you have to take off and any other actual damages. This should resolve the problem quickly.
