What happens if an automatic payment is taken out of your account after a creditor has been told to stop?

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What happens if an automatic payment is taken out of your account after a creditor has been told to stop?

I once had it set up for payments for my father’s credit card payment to come from my checking account. I canceled it and 1 1/2months later they took the payment out of my account after I instructed them that I no longer wanted it that way. No one gave them permission to do this. Do I have a case?

Asked on November 3, 2010 under General Practice, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Once automatic payments start they are very difficult to stop.  You say that you notified the credit card company to cease the withdrawls.  Did you do so in writing?  I would do so again.  And you need to notify your bank as well, although itdoes not always work to stop them. Additionally, it sometimes takes a few billing cycles to stop the automatic withdrawls.  The paperwork you signed originally may have that information i it.  Do you have the original paperwork?  Your rights are outlined in it.  And I hope that you have power of attorney for your Father to be doing all this.  If not then Dad has to sign the letters himself.  You ask if you have a "case". For what? To sue them for the money? It really all depends on the contract you signed which needs to be read.  Good luck. 


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