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    Automatic payments continue after filing

    I filed 9/16. Today Dell Financial took out a $25 automatic payment from my account *again*, as they have been doing for over a year under my prior arrangement with them. Around 6 months ago I asked called them to stop taking these payments, but they have kept it up and foolish me, knowing I would be filing, just let it slide assuming the automatic stay would cut that off.

    I know they have been notified of my filing since they were the first to submit a claim!

    So I don't know if I should send them a cease and desist, call them, tell my attorney, or what. Suggestions?

    #2
    Since they submitted a claim you have proof that they were notified. Call your attorney and let them handle it.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      Call your bank and tell them that this is an unauthorized payment. Also request that they change your account number to stop them from taking monies out...
      Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....

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        #4
        We have had the same thing happen four times to us since we filed. I have disputed the payment each time with the bank stating that I had revoked my ACH authorization. Each time, the bank has refunded the amount. That company has been notified numerous times too but they just keep on doing it.

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          #5
          Anyone contemplating Chapter 13 needs to cancel any automatic payment agreements prior to filing. This is quite often difficult at best, and near impossible at worst. The best, and most certain, solution is to close the bank account from which the money is withdrawn.

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