I had an agreement with a debt collection company to pay $1,848.00 over 10 months, or $185.31 a month, starting 4/20. In error, they charge me the entire amount on 4/22. It overdrew my account and I incurred several overdraft charges until I could pull out some money from my IRA to cover it. I spoke with a supervisor and, after talking with their credit department, he assured me that a check would be reissued Monday 4/25 and sent 4/26. When I spoke with the supervisor again last Friday, he informed me that there was a delay and the check should go out Friday. It has not yet been credited to my account. I feel like they basically stole my money, and are profiting by keeping it a full week, putting me under enormous pressure from my bank, other creditors, and taking a loss on my IRA interest.
Put together a simple account of the charges and fees, and make a written demand to the company before you consider filing in small claims court. That also assumes that the company consents to local jurisdiction.
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You must defer to the terms of the settlement agreement and see if there are specified and/or limited remedies available in your sutuation. If the agreement is silent to such specifics, and the money is returned, it will cost you time, effort and strife to sue and collect for over draft fees that are probably minimal. See if you can amicably arrange to have these monies returned to you as well or at the very least credited towards your next monthly payment. You can substantiate the charges/penalties and present them with proof of same. Although they appear to be negligent, again, the damages incurred compared to the process involved to obtain same seems non practical from a cost benefit analysis standpoint. A diplomatic attempt at resolution in your favor would seem the most plausible way to proceed. Good luck.
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You cannot seek compensation beyond what you are owed. You need to put together an accounting of exactly what you were overcharged and you can charge legal interest from the day they incorrectly took out your money. Send them a demand and then sue in small claims if they do not resolve it immediately.
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