 Money Question (How many bills do you keep in your wallet?)? |
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Additional Details
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roguemystyque | Can my bank do this? Take money for loan without my consent? |
I was behind on my car payment. My husband just receieved his financial aid from school. We deposited the money in the bank. We had planned to catch up the loan with his paycheck as the financial aid money was earmarked for something else. I recieved the car title in the mail today marked paid in full. (We only owed 600 on the car)
The bank took the $600 out of our account and paid off the loan we had with them without our consent/knowledge. Can they do that? |
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Steve Dave
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if they did this then you probably agreed to it when you signed up for the loan, you may want to go back and check the fine print also contact the bank they may be able to clarify it for you. |
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SWM 38 _4_ YOUNG GF
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YES , RIGHT FROM YOUR BANK ACCOUNT |
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johnvarelman
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No they can not but there is always a loop hole in there somewhere that they can get around. Trust me we know all to well. |
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jesse s
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Yes. You owed them money. I used to work at a bank. It's the same idea as...if you are overdrawn, you can not cash a check. If you are going to do business at the bank, you need to be in good standing. You were basically "overdrawn" on your car payment that you have from them. Since it is their money, they had the right to take it out of your account before YOU could take it out and not pay the car payment again (that is how they think). If you had plans for the financial aid money, it would have been best to either cash the check, or open a different account. It is always best to have two accounts...each at different banks. Otherwise, things like the car payment situation can happen to you. Hey, if you want some extra cash to help you through your tough times, go here: http://www.treasuretrooper.com/176501
It's helped my husband and I out a lot. There's lots of help for your questions on the site. Good luck. Again, try opening a separate account at a different bank. |
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Splendable
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Possibly - if you were behind on the car payment and it was tied to your bank account. Did you have any sort of AutoDraft or Pre-Authorized Transfer agreement (i.e. the bank would automatically take X amount of dollars each month), or did you have to manually cut a check to the bank for the car?
Check your loan docs and see what it specifies with regards to late payments or insufficient funds. |
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justagrandma
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Check your records, sometimes hidden away is the notation that they have first dibs on any monies owed them and if overdue they can take it from your accounts. If thats true thats when you signed you gave them permission to do that, its legal and next time read carefully before you sign. |
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fearjar
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try going in there wearing a disguise and hand them a note asking them to give you money. you may get it back |
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stopccdebt
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I believe so. If it doesn't put you in a short-term bind, then you may just wish to ignore it. Banks can frequently label one account as an offshoot of another, which justifies their mixing and seizing of funds for necessary purposes (such as car note). |
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nalashelby
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Maybe. Read the loan agreement you have with the bank. If it is tied to your bank account, they may very well do this. |
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bug927
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Did you give them authority to automatically debit your account for the payments? If so, then they previously attempted to debit your account but the funds were unavailable.....they just waited for sufficient funds to be placed in the account then processed the payment(s).
Banks can never take your money without authorization. If you did not specifically consent to the automated debit, then contact the loan department, tell them that they have illegally taken your money and demand that it be reutrned. If you owe money on your car, the bank HAS TO SUE YOU TO RETRIEVE IT. THEY CANNOT ARBITRARILY TAKE MONEY WITHOUT CONSENT. You can also call the banking commisioner for your state and file a complaint against the bank. |
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D R
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Very unlikely, The only way that this would be possible if at sometime you or your husband signed up for direct payment with the creditor. If the creditor is the Bank in which you use, they would still need some sort of access allowing them to withdrawal funds from your account. I would contact the bank/creditor and find out how they were able to access your account. Short answer would be no.You or your husband must have at some time gave them access to your account. |
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babyred
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Yes. It is called Right of Offset. This is applicable on any bank products such as overdrawn checking accounts. If your name is on the account that you owe on and an account with money in it, after it is a certain number of days delinquent they may exercise their right of offset. You have no legal recourse, it is federal law. |
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Kathleen M
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Legal question. Need to talk to a lawyer. |
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