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just found this board and thought I would ask a question that may hopefully save me hours searching around the net or making calls.
In Feb 2004 my husband and I joined a travel group, balance owing of 4000.00. Direct payments were to come out for 60 months of about 100 a month. Payments came out briefly (cant recall how long, about a year before we stopped paying attention).
Never used the company, never spoke to them again. Payments began coming out again Jan 08. We contacted them and were told there was a "glitch" somewhere, and no money ever came out, and we still owe them the 4000.00, which they just figured out and started taking out in Jan.
Is the statute of limitations 2 years on this? It was Feb 2004 they are saying we signed up and never made a payment (though I believe it was at least a year payments came out). Can they randomly start taking out payments 4 years later?
Your best defence would be record keeping by and your husband. Can you not check your bank statement to prove that they actually took direct payments out of account ? Payment attention to where your money goes is pretty important in my books. Thats how I keep mine, until I need it.
Never mind about the statutes, just get your records out and catch them at thei r own game.
just found this board and thought I would ask a question that may hopefully save me hours searching around the net or making calls.
In Feb 2004 my husband and I joined a travel group, balance owing of 4000.00. Direct payments were to come out for 60 months of about 100 a month. Payments came out briefly (cant recall how long, about a year before we stopped paying attention).
Never used the company, never spoke to them again. Payments began coming out again Jan 08. We contacted them and were told there was a "glitch" somewhere, and no money ever came out, and we still owe them the 4000.00, which they just figured out and started taking out in Jan.
Is the statute of limitations 2 years on this? It was Feb 2004 they are saying we signed up and never made a payment (though I believe it was at least a year payments came out). Can they randomly start taking out payments 4 years later?
The Statute of Limitations would come into play if they sued you - that does not appear to be the case here. It sounds like you signed some sort of direct payment agreement and that is what they are using to take payments out of your account. I have no idea why it took them so long.
If you cancelled the agreement in writing and they accepted the cancellation, then you would have paperwork to that effect. Take your record of payments and your cancellation agreement to Court.
As long as the agreement is "live" I would say, yes, they could continue to take out the payments.
Have you considered closing the account and forcing them to contact you?
The originial agreement is for first payment to come out of our account for March 30, 2004, for 60 months. They state the "glitch" caused no payments to come out, ever. The first payment they took out for this was January 2008. At this point we are contacting the bank tomorrow to deauthorize the debit from our account, sending written notice that our contract was never fulfilled on either end (they never took out any funds and we never gave written notice because at the time we didnt know we had to give notice in writing), and calling it quits. Just wanted some general opinions on whether they would actually have a case if they chose to pursue it through court.
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