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LawTalk, Attorney
Category: Legal
Satisfied Customers: 34881
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I bought a vacuum sweeper home from Kirby ( Fetter Co.) with

Customer Question

I bought a vacuum sweeper for our home from Kirby (Scott Fetter Co.) with financing through UCFS. UCFS was supposed to send me a booklet with detachable payment coupons to pay for the sweeper over time. I made a downpayment with a check in the amount of $366. I never received the payment booklet. UCFS DEBITED my checking account $127 for the July payment. (I wasn't happy about this, but just noticed it, so was going to call the bank). Today I received a letter from UCFS stating that the $127 was rejected (not through insufficient funds; assuming the bank figured out they did the debiting illegally). Do I have any legal recourse as far as recovering anything from UCFS? I view their action as underhanded (grabbing the $$, instead of sending me the pmt booklet) and downright FRAUDULENT. Can you advise?
Thank you.
Kathy K ***@******.***
Submitted: 2 months ago.
Category: Legal
Expert:  LawTalk replied 2 months ago.

Good afternoon Kathy,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I empathize with your frustration at what has happened---and it happens all too often, even to me in the past.

While I cannot say with absolute certainty, I will tell you that if you look carefully at the contract that you signed, I am pretty certain that you will find that it gave the lender the right to deduct the monthly payment directly from your bank account, and when you paid with your check, they were able to obtain the routing number and bank account number to process the auto-payment through your bank.

Your bank had to be complicit in setting up the auto-withdrawal---because no one has the physical ability to simply set up such a monthly payment without the bank's help in programming the payment into the system, and the bank would have required proof of your signature on the authorization to set up the withdrawal.

So, presuming that I am correct about you having agreed, albeit it unknowingly, to the auto-withdrawal, then you will not have any legal recourse against the lender, or your bank for that matter. However, if you did not ever sign a document with the withdrawal provision in it, then you may sue the lender for breach of contract as well as your bank to recover the money that was taken from your account without your approval.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 2 months ago.

Good afternoon Kathy,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


Expert:  LawTalk replied 2 months ago.


Is there anything else I can assist you with?


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