My jurisdiction is: California, USA
I contacted a company by phone for details about their advertised service. I described my problem which they said that they could help. They requested some additional information from me prior to concluding that they are experienced in handling such cases. I asked about the cost of their service which they explained. I indicated that I did not have the money in my bank account to cover the requested amount, and I would have to transfer money into the acoount. He asked "How long will it take to transfer the money". I responded "at least 24 hours or more". He responded saying that He would prefill information on their engagement forms as well as the authorization form for the withdrawl of their payment. These prefilled forms will be sent to me for signature and to be returned to them so that they can start working on my account.
Prior to any further contact with the company, my bank account showed a withdrawl from my account by this company, and caused an overdraft with daily OD charges because of the negative balance. I promptly contacted the bank and informed them of this unauthorized withdrawl. I filed a dispute with the bank, but could claim fraud because the bank said that I gave the company my account number.
I contacted the company and after much discussion they said that the amount will be refunded but it will take three weeks in order to disburse a check. I requested a specific date which they gave for the disbursement. On that date, I called and was informed that I needed to sign a Refund Stipulation and Settlement before receiving my money back.
The document states that signing means acceptance, mutual accord, satisfaction on all accounts, and release of any and all claims against their company and employees. Further, All transactions, communications, documents, and discussions are sealed between all parties.
If there is a breach, I am liable for the already paid amount plus legal and court cost.
Summary
1. This document was written for their protection after making an unauthorized withdrawl from my account and causing accumulating bank charges and loss of use of my money for these 24 days.
2. I did not engage this firm, authorize any transaction on my account, and did not use any of their services other than one telephone call to find out what they had to offer.
Questions: What rights do I have regarding this company?
What rights or recourse do I have with the bank which should have returned the request for payment because of insufficient funds?
Who should pay for the daily accumulating cost and 24 days of enrichment at my expense?
I contacted a company by phone for details about their advertised service. I described my problem which they said that they could help. They requested some additional information from me prior to concluding that they are experienced in handling such cases. I asked about the cost of their service which they explained. I indicated that I did not have the money in my bank account to cover the requested amount, and I would have to transfer money into the acoount. He asked "How long will it take to transfer the money". I responded "at least 24 hours or more". He responded saying that He would prefill information on their engagement forms as well as the authorization form for the withdrawl of their payment. These prefilled forms will be sent to me for signature and to be returned to them so that they can start working on my account.
Prior to any further contact with the company, my bank account showed a withdrawl from my account by this company, and caused an overdraft with daily OD charges because of the negative balance. I promptly contacted the bank and informed them of this unauthorized withdrawl. I filed a dispute with the bank, but could claim fraud because the bank said that I gave the company my account number.
I contacted the company and after much discussion they said that the amount will be refunded but it will take three weeks in order to disburse a check. I requested a specific date which they gave for the disbursement. On that date, I called and was informed that I needed to sign a Refund Stipulation and Settlement before receiving my money back.
The document states that signing means acceptance, mutual accord, satisfaction on all accounts, and release of any and all claims against their company and employees. Further, All transactions, communications, documents, and discussions are sealed between all parties.
If there is a breach, I am liable for the already paid amount plus legal and court cost.
Summary
1. This document was written for their protection after making an unauthorized withdrawl from my account and causing accumulating bank charges and loss of use of my money for these 24 days.
2. I did not engage this firm, authorize any transaction on my account, and did not use any of their services other than one telephone call to find out what they had to offer.
Questions: What rights do I have regarding this company?
What rights or recourse do I have with the bank which should have returned the request for payment because of insufficient funds?
Who should pay for the daily accumulating cost and 24 days of enrichment at my expense?