Dee
Parsippany,#2Consumer Suggestion
Mon, August 07, 2006
Pressler and Pressler has to prove that one you are aware of the dept and that you owe the money. Do not call them because they record each and every call. Instead, send them a certified letter stating that you would like a copy the the signed contract and any and all pertinent bills invoices that adds up to the amount that they are asking for. More than likely, the original debtor has already written off this amount as a loss and there for are not concerning themselves with the amount. I found from my experience, the original creditor have no dealings with this company at all and will not cooperate. If they can not present the contract, they must STOP all collection efforts.
Dee
Parsippany,#3Consumer Suggestion
Mon, August 07, 2006
Pressler and Pressler has to prove that one you are aware of the dept and that you owe the money. Do not call them because they record each and every call. Instead, send them a certified letter stating that you would like a copy the the signed contract and any and all pertinent bills invoices that adds up to the amount that they are asking for. More than likely, the original debtor has already written off this amount as a loss and there for are not concerning themselves with the amount. I found from my experience, the original creditor have no dealings with this company at all and will not cooperate. If they can not present the contract, they must STOP all collection efforts.
Dee
Parsippany,#4Consumer Suggestion
Mon, August 07, 2006
Pressler and Pressler has to prove that one you are aware of the dept and that you owe the money. Do not call them because they record each and every call. Instead, send them a certified letter stating that you would like a copy the the signed contract and any and all pertinent bills invoices that adds up to the amount that they are asking for. More than likely, the original debtor has already written off this amount as a loss and there for are not concerning themselves with the amount. I found from my experience, the original creditor have no dealings with this company at all and will not cooperate. If they can not present the contract, they must STOP all collection efforts.
Leonardo
Runnemede,#5Consumer Comment
Wed, July 19, 2006
Man, I feel sorry for what your going through. Though what everyone here says is true the bottom line is you opened the account for a money payment. You are in effect guilty of fraud. I'd be very surprised if anything good comes out of this for you. You MUST hire an attorney, no question. The account is yours and basically you bounced 8 g's worth of checks. In the end that debt is your responsibility. I wish you the best.
Steve
Tucson,#6Consumer Suggestion
Thu, July 06, 2006
Let's take a step back and see what really happened. Someone conned him into opening an account at Commerce bank. taht person obviously had the Account Number and ABA number of the bank. Someone, other than the poster, deposited funds into the account, then quickly withdrew them before the deposited funds cleared. The deposited funds didn't clear - the check deposited was fraudulent. This is a common scam. I suspcet the person who worked at Commerce Bank either added his own name to the signature card or initiated the transactions in question by himself. Now.... Commerce Bank will have a copy (actually, they should have the original) of the deposited item. Have them produce a copy. If they won't,., you can force them to (more on that later). I bet the endorsement signature won't be yours. That is not the problem, though. Next, you want a copy of the authorization to WITHDRAW the funds. THAT obviously won't have your signature, and if it does, you assert a claim of forgery. Also, look at the signature card for the account and make sure yours is the only authorized signature. If the signature used to withdraw the funds is not yours, or is not an authorized signature, then you have forgery and fraud defenses. Pressler & Pressler may very well sue. If they do, you now have defenses. If the bank won't give you copies of the documents I mentioned, you can force them to do so once Pressler & Pressler sues through a process called Discovery. I recommend you visit debtorboards. That is a web site I established to help people deal with bill collectors and their attorneys, just like this situation. It is totally free.
Steve
Bradenton,#7Consumer Suggestion
Thu, July 06, 2006
Saleece, Demand a copy [front AND back] of that $8000 check that was deposited to your account. If it is not endorsed by you, it is not your problem. And any money that was withdrawn you also need a record of that transaction. You need to file a complaint with the FBI, Financial Crimes Division and name your bank as a co-conspirator. It is illegal for a bank to turn you over to collections on a disputed item that involves identity theft or similar fraud. Good luck. ps. keep in mind for the future that there is no such thing as free money.
Stile
Phoenix,#8Consumer Suggestion
Thu, July 06, 2006
You need to write a certified letter, return receipt requested to Pressler and Pressler indicating that you dispute the debt. If you are sued, you need to show up in court. Your defense will be that this is a fraudulent transaction and that you neither initiated nor benefitted from it. You may need to consider hiring an attorney. Keep on Commerce Bank as well, and find out why this has been turned over to collections if there is an ongoing investigation. Also, if you haven't already, you need to file a claim against the unauthorized withdrawals made against your account. If they are fraudulent, then the bank can be held liable up to one year under Regulation E. You have some options, but you were definitely scammed.