Creditor debiting checking after filing?

[tmr76]

What is the name of your state? IL

We signed our BK papers last Thursday (CH 7). However, on the 17th, a creditor debited their monthly payment from my checking account without my consent. Typically, I have done a checking debit to pay them monthly for the last 3 years but because we knew the BK was impending, I didn't renew the agreement with them for 4 more payments. I didn't sign anything either. And, to cover myself because MBNA is so darn sneaky, I even put a stop on any checks they may attempt to put through. The problem is, they found a way around it. I am awaiting a return call from my bank to see what the heck happened…

But my question is this: when does the creditor harassment stop, the date I signed the papers or when they receive the actual letters? What happens if they still contact me or try to take their payment from my checking account?

 

[Ladynred]

The creditor harrassment won't stop and they are not required to stop until your case is actually FILED with the BK court. Once you file, the automatic stay drops into place and they can do absolutely NOTHING to attempt to collect a single penny. Since your case isn't filed yet, you can't MAKE them stop, however, since you HAVE retained an attorney, you need to call the snakes at MBNA and give them your lawyer's information. Once you have an attorney, they may NOT call you but must go thru the lawyer. Its possible the money they took w/o your authorization may be returned to you.

You need to notify your bank that the debit MBNA took was NOT authorized by you. Typically what they will do is change the amount by a penny or two or FAKE a 'check' number to get a transaction thru that you thought you had blocked.

 

[tmr76]

Thanks again for your help. I plan on calling them soon because I figure once their payment doesn't go through and they know that, they'll be calling me asap. I cannot wait to give them my atty's # - they have been harassing me for years and I am tired of it. The last time they called me, some girl started yelling at me, cutting me off and told me to shut up.

As far as I'm concerned, NEVER ever get credit through MBNA. I have heard so many horror stories from friends and others that it's just not worth it, even if you never have a late payment they are still impossible to deal with.