
Automatic Deductions: The Painless Way
to Pay Bills?
From the Nolo.com Debt & Bankruptcy Center
The problems you may experience with authorizing
an automatic deduction and what you can do about them.
You grit your teeth as you tear open your latest bank statement. There
it is again: an automatic deduction for the membership fee from your old
health club.
You've been trying for six months to get the club to stop deducting
the fee from your account. You've called the club too many times explaining
that the contract expired, and you haven't set foot there in months. But
for some reason, the charge keeps being put through. What started out
as a convenience has become a costly nuisance.
Automatic deductions (debits) from bank accounts can be a convenient
way to pay some regular bills, saving you time, checks and postage. Nowadays
people pre-authorize monthly debits for everything from mortgages, student
loans and utilities to car payments, life insurance premiums and health
club memberships.
Trouble Spots
You can find yourself dealing with some unusual problems when you let
a third party, your bank, pay your bills for you. If your bank doesn't
make automatic mortgage payments on time, for example, it will be you
who suffers the consequences: late fees and a blemish on a credit report.
And what if payments aren't made at all? One man whose life insurance
premium was deducted monthly from his checking account had no idea that
the bank, due to a systems error, had stopped making payments. The policy
lapsed, but the family didn't find out until the man died. They had to
fight hard to collect their benefits.
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Debit Scams |
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Fraudulent telemarketers have caught on to automatic debiting,
too. The scams usually start with a phone call offering
a prize. The telemarketer asks for your checking account
number, saying it's needed to make sure you're "qualified"
for the offer.
Your checking account information is put on a "demand
draft," which is processed by your bank just like a
check, but doesn't require a signature. The bank will pay
the telemarketer's bank, and poof! . . . your money is gone.
To reduce this type of fraud, a federal law requires a
telemarketer to obtain a customer's authorization, in writing
or on tape, before debiting an account. So beware if a telemarketer
tells you the call is being taped. You may unknowingly be
authorizing an automatic debit. And never give out your
bank account number over the phone.
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How to Solve Problems
You have the right to halt unauthorized and most pre-authorized deductions
at any time. If you're having trouble stopping an automatic debit, the
fastest way to get results is to contact your bank, not the business that's
receiving payments.
Under federal law, you must call or write your financial institution
requesting a "stop" at least three days before the scheduled
debit. If you make an oral request, the bank may require you to confirm
it in writing within 14 days of your call.
If you've been hit with late fees because the bank was tardy, don't just
pay up. Rules regulating electronic fund transfers state that when a debit
is posted to a consumer's account, the consumer can refuse the transaction
for several reasons, including that the consumer revoked the authorization.
You have 15 days from when the bank sends the account statement to demand
the return of your money. Your bank must credit your account and debit
the business within 60 days of when the money was taken out of your account.
If you fear your credit history has been tarnished because the bank was
late or missed payments, get a copy of your credit file from one of the
big credit bureaus (Experian, TransUnion or Equifax). If you've been labeled
an unreliable debtor, demand that the misleading items be changed. And
remember that you always have the right to add a 100-word statement to
your file, explaining anything that might cause lenders to shy away from
you.
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