CONTENT
  DEPARTMENTS



  DETAILS
Legend for Icons
 Article    Q&A

 Podcast  Video

 Blog  Discussions

PDF    Powerpoint
BankingQuestions.com Web


New Reply
Topic Options
#26192 - 11/12/09 05:45 AM THIS CAN'T BE LEGAL.....ADVISE
linda69 Offline
New Poster

Registered: 11/05/09
Posts: 3
Loc: ca
Sorry I cannot seem to understand, I had a CD, found by accident, for I was never officially informed I had one $60k formed in 2001 that was disguised to me by my bank for I thought I had to have a balance of $55k min, (I did not realize that they actually took the $60k CD out of my account until 4/2009, by accident, for I was never sent a notice of profit/loss of CD EVER/NEVER..was not honestly informed they actually took the money out, until I ran across a piece of paper with an account number, when I called to find out CD existed, in April 2009, I realized it was truly backed by cash since 2001, making profit, equaling the value of $79,800.00
Business revolving line of credit, I created a line in 2001, not used until 2005,
Went thru a divorce Jan, 09, caught up payment Feb09, ( have receipt) bank states sent the debt to collection agency and I didn’t know it until I got the collection agency’s bill until March 2009, (paid up Feb 09)…Collection agency gives 50% to my bank.
Bank tells me the Collection agency is part of their bank…lied 2 me.

So my bank decides to ‘back date the CD they seized to 1st part of March 2009, before dated collection bill mailed to me..….For my convenience….????? I filed bankruptcy ch 7, 5/23/09, collection agency ‘creates a check and pulls money out of my account with a signature of a check that was to be my account of a business I no longer own, and pulled $600.00 out with a forged signature June 2009? Name, John Student??? My name is Linda. I told the bank I would not authorize the release due to the fact nobody could provide me a bill and they wanted me to create my own bill….how does that work?
I had this loan of $147k, 87k on home, 60k on (what I thought a biz trust upon my account, create a 3rd collection co party check without my approval not mentioned, damages done by m (sorry if i repeat, yet even doing so, nobody get's it for this is such a bizarre event) information I am denied to So I go thru divorce settled in Jan 2009, pay up loan Feb 2o09 to bank yet they state no PAYMENT when I have receipt of payment update in February 2009, they send out to a collection agency, (now they state MISTAKENLY) forgetting that $60k was backed, and because of this mistake this bank has causesed me other devastating losses, (more that 5 items, I will not go into yet,) collection agency that will give back 50% to my bank and my bank got it seizing my CD. Then the collection agency pulls an act wanting me to create my own bill, 'yes, collection agency wants me to create my own bill' I said, 'if I owe a bill, you need to give me a bill' to this date I still have no form of any bill, billed to me they request???????? I’ve asked for over 7 months…, a) can a bank allow a forged check not authorized, they they wanted me to sign on 5/29/09, and even not authorized by me, allow collection agency create a check and sign it with a name I do not know of? Where would my CD $$ be if I did not find it? If over 50% was paid as the collector would pay, I want the release of my title on lien, it’s not my fault? How can I pay a bill without a bill? There was a time prior where the manager of bank allowed a so called friend that convinced her that ‘he was trying to protect me, take $50k out of my account? Where’s the legality in this?

So the Banks attorney is in now in the middle of representing this so called payment due stating we could do this or that and apply this or that, yet I still have no formal bill.....so did AIG do a bailout???? FDIC, IS UP IN ARMS, I'M HAVING TO PAY 4 an atty?THE BANKS ATTY IS WANTING TO TALK TO MY ATTORNEY AND I TELL MY BANKS ATTORNEY THAT IS COMING AFTER ME AS 'IF I'M STUPID' THAT according to FTC laws you have to submit within 5 days all doc's now, for this is your last chance, see, I've lost $$ fighting, I'm wanting all the answers I can get privately to save all $$ for the fight that is upcoming, and tell me is it not my 'right as a consumer' to have numerous questions asked without an attorney? They are stating,
oh---'ohh, '' ohhhh' NO NO----and no response from my banks attorney to me except, I need to get my attorney, I told them I am my attorney, I have a guide right now, Does not this bank need to answer me BY FTC LAWS WITHIN 5 DAYS.... I'm very upset....help!
I need them to answer this has been gong on since March 209 and they say I am late on a payment for a bill I can't get...get that???? HELP


Edited by linda69 (11/12/09 06:24 AM)
Edit Reason: line interupted mistakes ?

Top Reply Quote Quick Reply Quick Quote
#26206 - 11/12/09 02:12 PM Re: THIS CAN'T BE LEGAL.....ADVISE [Re: linda69]
The editor Administrator Offline
Power Poster

Registered: 07/25/08
Posts: 3082
In most cases the FTC doesn't regulate what banks do. Your question has a lot of holes and isn't easy to follow. None the less I can tell you that you should have an attorney if this is a large sum that they're claiming is owed.

You can offer to sit down with them and ask them for a timeline of what was done and when. They should be able to provide that to you without an attorney on your side.

If you are still questioning what was done and you can't afford counsel or can't find representation otherwise, you can ask the bank who their regulator is and try to get answers through them.

Top Reply Quote Quick Reply Quick Quote
#26230 - 11/12/09 10:33 PM Re: THIS CAN'T BE LEGAL.....ADVISE [Re: The editor]
linda69 Offline
New Poster

Registered: 11/05/09
Posts: 3
Loc: ca
I have asked them the questions, the answers the bank gived to FDIC and to me do not match the dates of the 'true paperwork I have' so can the bank just make up any old date they want out of the blue, is one question, (I know there's a lot, but this is a major one) advise

Top Reply Quote Quick Reply Quick Quote
#26282 - 11/17/09 04:13 PM Re: THIS CAN'T BE LEGAL.....ADVISE [Re: linda69]
The editor Administrator Offline
Power Poster

Registered: 07/25/08
Posts: 3082
Certainly they can't make up dates. It is important to ensure that you are looking at the correct calendar date to business day date though. Your bank has a cutoff time and after say 2 or 3 on a Friday may bump to Monday, or Tuesday if there is a holiday. If the dates are way off, provide your info to the FDIC and point out the difference and the fact that you were harmed by the transaction and why.

Top Reply Quote Quick Reply Quick Quote
#26478 - 12/03/09 10:33 PM Re: THIS CAN'T BE LEGAL.....ADVISE [Re: The editor]
Anonymous
Unregistered


I am working thru the attorney of the Bank now trying to get direct answers and the Banks attorney will not answer me direct questions, like on June 1st, a collection company had my loan for they forged a check without my approval, so now the Bank is stating they have my loan at the same time. I ask the Attorney how can this loan be in 2 different places at the same time, and he refuses to answer me. So I get a letter stating that they answered all my questions, and they continue over and over sidestepping my questions....who do I see the District Attorney, because I am so angry that I 'will jump on a plane to see Obama' if I have to. The bank will not be real with me. They have caused me much stress and continued greif can I sue them for this agrivation too, for they truly have put me into depression that is 'not right is it?' so advise

Top Reply Quote Quick Reply Quick Quote
#26479 - 12/03/09 10:41 PM Re: THIS CAN'T BE LEGAL.....ADVISE [Re: Anonymous]
Anonymous
Unregistered


AGAIN...can I sue a bank for improper handling of my funds causing harm to my life? This is with my 'home' they are messing with in this whole fiasco, they have me not being able to 'sleep' for I do not know a correct answer and the bank and the banks attorney won't give me one. I feel this has hurt me and it's been going on since March 09 and it's Dec. 9 months of not hearing correct answers or sidestepping the whole question....is this legal? help

Top Reply Quote Quick Reply Quick Quote
#26488 - 12/04/09 01:18 PM Re: THIS CAN'T BE LEGAL.....ADVISE [Re: Anonymous]
Pale Rider Global Moderator Offline
Diamond Poster

Registered: 08/09/02
Posts: 1998
Loc: Texas
Do yourself a favor and engage an attorney to represent you. This site cannot answer your questions concerning the legality of an action. Did you contact the bank's primary federal regulator?
_________________________
My opinions may not reflect those of my employer.

Top Reply Quote Quick Reply Quick Quote
#26698 - 12/18/09 01:17 AM Re: THIS CAN'T BE LEGAL.....ADVISE [Re: Pale Rider]
Anonymous
Unregistered


?? more, can a bank lie?
can a bill be in 2 places a collector and bank at same time?

Top Reply Quote Quick Reply Quick Quote
#26731 - 12/23/09 05:46 PM Re: THIS CAN'T BE LEGAL.....ADVISE [Re: Anonymous]
The editor Administrator Offline
Power Poster

Registered: 07/25/08
Posts: 3082
The debt is owed. Typically only one entity will try to collect at any time so they don't conflict with each other. But as noted, you need an attorney.

Top Reply Quote Quick Reply Quick Quote

Quick Reply:
HTML is disabled
UBBCode is enabled