Do we have a case?

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angry_american

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Question: Do we have a case?

We bought into a timeshare and gave them my debit card number for three payment's. This was to be taken out once a month for three months. Some how someone accessed our checking account and drained it the 1st of Aug. We wanted to closeout this account. So i faxed a letter to the timeshare company on Aug 3rd to stop taking any auto debit/checking account payments out,( thier contract read to change credit/debit number or expiration date or to cancel, you have to do it in writing.) Which i did by faxing them the letter. I had some checks still outstanding and wanted to get them all in before closing the account by the middle of September. But on the 6th of September this company went ahead and took a payment out and caused alot of over draft charges for the checks that were previously out.
The bank did an investigation and found that it was not an unautorized withdrawal.
I contacted the company and the first person admitted he had seen the letter and it was a mistake on thier part. Then he gave me to a woman and she wanted a copy of our bank statement from where thier withdrawal caused the overdraft charges, so i faxed that to them. Now they don't want to be accountable for thier screwup. Because of what they did, we had our electricity shutoff and i lost my truck, because the checks bounced. They have totally ruined our credit.
Do i have the right to sue them for damages they caused and if so what state do i have to go threw to file? I live in MI.
 
I goofed up on a sentence: It said the bank found it to not be an unauthorized withdrawal.
It should have read; THE BANK FOUND IT TO BE AN UNAUTHORIZED WITHDRAWAL.
Sorry for my goof up.
 
I'm not quite sure that I understand. Who is the "someone" who "drained" your checking account (the timeshare company or another individual)? If it was the timeshare company, and it only charged the monthly payment (not the full amount), then the payment was authorized, as you had previously authorized the automatic withdrawal. If it wasn't the timeshare company who "drained" your account, did you file a police report re: the (I assume "unauthorized") withdrawals from your checking account and submit that to your bank?

It appears that whoever "drained" your account wasn't the timeshare company, and you didn't file a police report against that person, nor submit a copy to the bank - thus the reason the bank determined that the timeshare company's withdrawal was legit. If that's the case, then what do your contract terms state? Is there any wording which covers change of automatic payments, alternative billing methods, or even remotely references this issue?
 
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