Friday 11/14/03 I noticed that MBNA, I thought, had pulled an unauthorized $250 out of my checking account on auto draft. 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 auto drafts.
When I called MBNA they told me they had not received a payment since April and to contact Collect America whom they sold the debt to. I called Collect America; 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 auto draft 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 assets, job and a lawsuit. I've paid this Collect America 2600 in the last 3 months - that's 25% of my income per month!
I believe that Mr. Scherr is 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 auto drafts 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. Florida Bar and Seminole county prosecute to fullest extent of law.
Notification to other victims so they can ensure their funds go to the debtor not Collect America / Scherr under false pretenses.
Alabama
U.S.A.
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