Forster And Garbus Froze my bank accounts even as I made weekly payments Farmingdale New York
Starting the end of december, I started receieving letters from the above named firm. They were saying that I had an outstanding debt with a credit card company in the amount of $1,926.26
After searching through my records, I discovered it to be a credit card that I did truly indeed fail to pay for from the 2002-2003 fiscal year. Having had this information in hand, I called the number supplied to me.
I spoke with a Lizzie Gibbons who informed me that they have on numerous occasions tried to contact me dating back to July. I informed her that they obviously didn't try hard enough, because I have been living at the same address for my whole life.
She stated that I contacted their offices too late, and that there was nothing that could be done. They have sent in a summons to the 2nd District Court of Nassau requesting that I pay them back because they are representing Elite Recovery Services (for Providian Services).
Lizzie Gibbons informed me, that if I start making weekly payments, that they will proceed no further, as long as the debt is paid off. Due to the fact I was in a serious motor vehicle accident with head trauma, I had a long hospitalization, and was not working. I had almost no money in my bank account as it was.
I was making payments as large as $150.00 a week, or as little as $25 a week. Whatever I could afford, I made. I tried to make contact with Ms. Gibbons to verify the receipt of the checks every week, but she never would return calls. I checked on my online accounts to veirify the checks were cashed, and they were.
Now throughout all these payments, I was receiving letters in the mail stating that they are attempting to collect a debt, and the new amount owed was displayed.
I checked my account balances yesterday to plan for my weekly payments and budgeting (I am only back to working one day a week) and I discovered both my checking and savings accounts had two new withdrawals.
The first withdrawal was in both checking and savings account for $50 in Legal Fee's. That overdrew both my accounts (I am literally living paycheck to paycheck). That overdrew both my accounts into the negative numbers.
There is a $32 overdraft fee for each account now because of this $50 legal fee. The second thing they have done now is have apparently frozen both my accounts until $3,349.16 is paid into each account.
I called the bank immediately to state that this was an unauthorized transaction and no where did I sign anything, recieve anything from a court of law, or get notified via US mail, or even telephone for that matter, that money was going to be coming out of my accounts.
I have no idea what to do here. I am seriously at my witts end. I have tried contacting the firm but Ms. Gibbon's isn't too into returning telephone calls.
I need help, and don't know where to turn.
Denise
New York, New York
U.S.A.
2 Updates & Rebuttals
Lisa
Eastport,New York,
U.S.A.
Linda is right!!!
#3Consumer Suggestion
Sat, May 03, 2008
It is funny. When you go to the Dept. Of consumer affairs website. They tell you what these debt collectors and creditors are and are not allowed to do. But yet speaking to a few SO CALLED Lawyers, they tell you that these companies are ALLOWED to do exactly what they are doing. Bull.
Contact every local government agency as well as your local court. Unfortunately, you will probably physically at some point go to these courthouses in order to file a petition. Inconvenient I know.
However, It still needs to be done. They stop at nothing. If you have given Forster & Garbus money, odds are, you are now going to have to fulfill the obligation. Always ask for copies of receipts, bills and or signatures. And there is a statute of limitations in NY of 6 years.
The problem with this whole situation as I am learning myself...Are that they are all connected to one another. Including the judges according to these so called attorney's I have spoken to. Forster and Garbus sends these courthouses their paperwork, but yet neglect to send it to you until after the fact. If infact you did receive this paper, odds are it's from your bank, Look at the subpoena, It doesn't give you a court date when to appear so that you DO have a chance to fight it. HMMMM? Sounds fishy to you? It does to me.
If & when you DO get a subpoena it will NOT be by a sheriff, or by the LAW FIRM itself, but by your current Bank or an old bank you once had an account with. Yet according to most I have spoken to, this IS legal. Seems like the judges are also guilty of criminal mischief themselves. It is funny how they have these consumer protection laws, but yet they still protect the Debt Collectors and the Creditors. And if it does help...these local government agencies, it will take weeks maybe months maybe years.
Go to a website, WhoCalledUS.COM on there there is a form you can download as well as a log sheet. That is for every time you spoke with someone at Forster & Garbus or any other company affiliated with your apparent debt. It makes you state what was discussed and what was said. It also has a basic form you can download to forward to Forster & Garbus telling them they need to stop contacting you. And send it certified. KEEP RECORDS OF EVERYTHING.
Good luck we are all in it together. This website is great, however the BBB is not. They do not do much for you other than list your complaint. Nobody will contact you. At least on this website, others can respond and help. Or an A-Hole from Forster and Garbus will contact you with a highly intelligent rebuttal like they did with me. See Lisa's complaint on 4/24/08 and then scroll to the bottom to see how some IDIOT responded to JUST MY COMPLAINT. And then continue to read my rebuttals. You will notice they haven't responded since.
Lisa
Linda
Brooklyn,New York,
U.S.A.
I have some advice. . . . . . .
#3Consumer Suggestion
Thu, April 24, 2008
I will try to help you the best that I can. Have you faxed a letter to the Attorney General Andrew Cuomo about Forster and Garbage and Elite Recovery Services. I would do that and check your credit report to see if Elite Recovery Services re-aged your alleged debt. Also certain incomes, disability, SSI or practically any government income is exempt from collection.
One of your main problems is that you gave Forster and Garbage money. When you make a payment on a debt that you might owe it resets the clock on the Statute of Limitations which in New York I think is 6 years. After 6 years you can't legally be sued on a debt in New York due to contract law. But you might be able to get your money back because they broke the law. I would try to get an attorney or contact the FTC and MFY Legal Services.
Also there is a lot you could have done, but there may be something you can still do. Were you notified before your account was frozen. If you weren't notified prior to your account being frozen, this is also illegal. I am not a lawyer so I can't give you the exact legal terminology.
Also how do you know for sure that Elite blah blah blah represents Providian. Falsely implying that you represent a company in court like that is criminal and if that is the case you can file criminal charges against Elite whatever. Also Elite Recovery may not even have a license to collect debts in New York. I wish I could give you more help than that, but again I am not a lawyer.
If you can file a sworn denial. And than get a Paralegal to draw up a motion for discovery. I don't know details, but if I can I would try to contact a lawyer and write some letters. Google Naca.net.