Friday 11/14/03 I noticed that MBNA, I thought, had pulled an unauthorized $250 out of my checking account on autodraft. I pay $250 every two weeks trying to do the right thing and pay off a debt as agreed to with the MBNA lawyer with whom I defined specific dates for autodrafts.
When I called MBNA they told me they had not received a payment since April and to contanct Collect America whom they sold the debt to. I called Collect America, owned and operated by Mr. P. Scott Lowery an attorney in Denver, and they transferred me to THEIR lawyer who was the one that said he was MBNA, Mr Harold Scherr's office. At no time did Mr. Scherr represent himself as anyone other than an MBNA lawyer, he never mentioned Collect America.
I told him to cancel the autodraft and I'd do online banking. He agreed to cancel the auto draft adn note my refusal to pay. I did not refuse to pay. He threatened my assests, job and a lawsuit. I've paid this Collect America 1350 in the last 3 months - that's 25% of my income per month!
I beleive that Mr. Scherr and his employer P. Scott Lowery are in violation of Fair Debt Collection Practices Act As amended by Public Law 104-208,110 Stat. 3009 (Sept. 30,1996)
Compass Bank has been alerted that autodrafts have been requested to stop and they advise that any further drafts be addressed as identity fraud, FTC violations and violation FDCPA.
Desired Settlement: Refund
Settlement Explanation:
Refund all monies paid to Collect America under false pretenses. Denver District Attorney P. Scott Lowery prosecute to fullest extent of law. Notification to other victims so they can ensure their funds go to the debtor not Collect America / P. Scott Lowery under false pretenses.
Decatur, Alabama
U.S.A.
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