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Report: #402303

Complaint Review: CHASE AUTOMOTIVE FINANCE - EVEGREEN Colorado

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  • Reported By: Carriere Colorado
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  • CHASE AUTOMOTIVE FINANCE 6762 SOUTH DEER PATH EVEGREEN, Colorado U.S.A.

CHASE AUTOMOTIVE FINANCE THEY ILLEGALLY DEBITED $1000 (WITHOUT AUTHORIZATION) FROM MY DAUGHTERS CHECKING ACCOUNT. EVEGREEN Colorado

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On December 2, 2008, Chase Automotive Finance debited $1000 out of my daughter's checking account. She did not authorize this transaction and had no idea that this was being done until she checked her account and found it overdrawn by $1200. My daughter and her ex had just received their final divorce decree and her husband was ordered to pay the shortfall on a pickup truck that he had Chase reposess.

When my daughter called them to find out what happened they were rude and nasty to her and refuse to return the money.

How can they get away with going into some one's checking account and removing money with out prior authorization?

They told her that they would not close the account till all the money was paid in full, for the shortfall on the truck. According to the judge, she is not legally liable for the money owed as the debt was ordered to be paid by her ex husband according to the divorce degree.

Any advise as to how to get this money returned would be greatly appreciated.

Doris
Carriere, Colorado
U.S.A.

This report was posted on Ripoff Report on 12/17/2008 09:31 AM and is a permanent record located here: https://www.ripoffreport.com/reports/chase-automotive-finance/evegreen-colorado/chase-automotive-finance-they-illegally-debited-1000-without-authorization-from-my-daug-402303. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Comment

Information..

AUTHOR: Robert - (U.S.A.)

POSTED: Wednesday, December 17, 2008

This is a RipOff but more of her Ex than Chase.

Since you are getting this 2nd hand there may be things you are not aware of exactly what happened. But the first thing you have to know is that the Divorce Decree has about as much worth to creditors as the Marriage it disolved. That is creditors do not have to abide by the Divorce Decree because they were not a party to it. In other words Chase was never in court to sign off on it or make their opposition known. So the judge can say that she is not liable but creditors do not have to abide by those terms. Now, what your daughter can do is take her Ex to court and sue him for the money that Chase took because the decree was an agreement between her and her Ex. She may be able to go after him for the fees that were a result of it also. This is pretty much a "slam-dunk" for her to prevail(collecting may be a different matter). If she feels she can collect the money this may be the most expedient route to take. Yes it sucks but so are Divorces.

As to the original debt, this depends on a lot of things, and you really need to have her talk to her divorce lawyer about the details. As a couple of possibilities. If it was a Chase Car Loan and she has a Chase bank account there is something known as the "Right to Offset". When she opened up her bank account in the terms of the account she aggreed to let them take money from one account to pay another account if they are delinquent in the other account. In this case she already "gave" her authorization and there is not much she can do to get their money back from Chase. Another possibility was that she was sued by Chase and they prevailed getting a court order to take the money. If this happened and she was never aware of it, she has to track down the original suit. If she can prove that she was never served or given due process she could have the judgement vacated and money returned. But this is not a quick process, it could take up to a few of months to do this.

Good Luck.

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