Should I lawyer up and sue?
#1
Should I lawyer up and sue?
So this is my first post in this part of the forum and I'm not really sure if it's the right place, but I couldn't think of any that looked better:
My wife and I bought furniture a year ago and financed it on one of those 24 month 0% interest deals they had through a major bank. I changed cell numbers about 6 months after purchasing and failed to notify the bank. Over the course of the last year I have made 1 or 2 payments by phone rather than by check, so they did have my bank account information on file.
I don't do recurring account debits and choose not to go paperless because if I don't see a bill in the mail I'll often forget to pay it.
I carelessly missed a payment this January, bill must have just gotten lost in the shuffle of things. I mailed a double payment in February plus the late fee upon receiving notice the account was past due.
Today I get a letter in the mail notifying me that I they processed a payment "I" authorized that was the entire balance of the account on 4 March. I check my online bank statement and see that a) yes this was in fact processed, and b) it was on the same day that they processed my check.
I speak with my wife and verify she did not make this payment, or any payments, and definitely would remember something like that, so I proceed to call the bank's customer service line.
Over the course of the call they tell me that it was a phone payment by an authorized party. I find out that collections called my old cell number on that date and the payment was authorized without verifying the identity of whoever picked up using the account information on file.
This leads me to believe that they violated my account privacy by divulging any combination of the following information to a complete stranger without verifying his identity:
-My full name
-all or portions of my Social Security number
-my address
-my credit account number with said bank
-my checking account number with my primary bank
-any and all of those for my wife as well
The lender bank is reversing the payment and has updated my information to include my new cell number, but IMHO they should have never allowed this in the first place without actually verifying my or my wife's identity. I believe I am due some legal recourse, and was wondering if anybody had any recommendations as to whether I should lawyer up and sue.
My wife and I bought furniture a year ago and financed it on one of those 24 month 0% interest deals they had through a major bank. I changed cell numbers about 6 months after purchasing and failed to notify the bank. Over the course of the last year I have made 1 or 2 payments by phone rather than by check, so they did have my bank account information on file.
I don't do recurring account debits and choose not to go paperless because if I don't see a bill in the mail I'll often forget to pay it.
I carelessly missed a payment this January, bill must have just gotten lost in the shuffle of things. I mailed a double payment in February plus the late fee upon receiving notice the account was past due.
Today I get a letter in the mail notifying me that I they processed a payment "I" authorized that was the entire balance of the account on 4 March. I check my online bank statement and see that a) yes this was in fact processed, and b) it was on the same day that they processed my check.
I speak with my wife and verify she did not make this payment, or any payments, and definitely would remember something like that, so I proceed to call the bank's customer service line.
Over the course of the call they tell me that it was a phone payment by an authorized party. I find out that collections called my old cell number on that date and the payment was authorized without verifying the identity of whoever picked up using the account information on file.
This leads me to believe that they violated my account privacy by divulging any combination of the following information to a complete stranger without verifying his identity:
-My full name
-all or portions of my Social Security number
-my address
-my credit account number with said bank
-my checking account number with my primary bank
-any and all of those for my wife as well
The lender bank is reversing the payment and has updated my information to include my new cell number, but IMHO they should have never allowed this in the first place without actually verifying my or my wife's identity. I believe I am due some legal recourse, and was wondering if anybody had any recommendations as to whether I should lawyer up and sue.
#3
Registered User
Sadly this will probably fall under a blanket of "we have more money than you" with you only having little or no proof. Call your old number and find out what was said. Go from there!
#4
Registered User
I assume you have or can get proof of when your number was changed.
They undid the payment, right? That's probably about all you can hope for.
This is another reason I don't mess with credit (other than our home); if I can't pay for it now, I don't get it. When you’re dealing with creditors and lenders, you’re dealing with scum.
They undid the payment, right? That's probably about all you can hope for.
This is another reason I don't mess with credit (other than our home); if I can't pay for it now, I don't get it. When you’re dealing with creditors and lenders, you’re dealing with scum.
#5
This will come down to damages. What were they? What will you hope to recover?
Most likely, lawyers costs will exceed what you recovered. You're grasping at straws with what you think was provided to get a payment made. You need proof and even than what will you 'get' from suing?
Thus far it seems like you failled to make payment, they collected on a debt they lent you and you're upset. They may not have said anything illegal to get a payment. Payment info may have been on account and the person who answered the phone authorized payment on account ending in 1111 which wouldn't have violated your rights.
Walk away, and enjoy life. Next time be smarter with your debts. Life is short and getting angry should be reserved for big problems. Collections on debt. Ha. Be thankful you're in a position you are.
Most likely, lawyers costs will exceed what you recovered. You're grasping at straws with what you think was provided to get a payment made. You need proof and even than what will you 'get' from suing?
Thus far it seems like you failled to make payment, they collected on a debt they lent you and you're upset. They may not have said anything illegal to get a payment. Payment info may have been on account and the person who answered the phone authorized payment on account ending in 1111 which wouldn't have violated your rights.
Walk away, and enjoy life. Next time be smarter with your debts. Life is short and getting angry should be reserved for big problems. Collections on debt. Ha. Be thankful you're in a position you are.
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