Pelfrey Informational Thread - One Post Condensed Version

AGREE DO IT and let then tell you no at least you tried!

 

Sounds pretty much like time to change banks for you then... I would have not even been with Wells Fargo to begin with, but that is a different story.

I had no issues filing with my bank for an ACH chargeback, refer to post one as it contains info on what I had to sign and such... but my bank is a credit union and the assistant manager that I dealt with said the way it seemed that I should not have any issue getting my money back.

See this post for my experience with my bank.
https://www.tacomaworld.com/threads...condensed-version.567463/page-3#post-18672426

Also true.

Please keep this thread clean, this thread is here for information to hopefully help people out.

NOT SPECULATION, RUMORS, ETC.

 

I paid via ACH on 6/28 and debited on 6/29. I filed a "written statement of unauthorized debit" today with Farmers & Merchants. Branch manager says its not likely I'll receive my money back, its been 74 days.

 

@Willbeck Authorization should be revoked due to not receiving your product, @kakwvu is correct

 

I just asked again and got the following... time for a new Credit Union

That's correct. VISA, MasterCard, PayPal, and other third-party for-profit payment companies provide payment protection which covers the payor in certain cases where there is a dispute with the merchant. Checks and ACH are simply payment channels and as such do not provide payment protection. An ACH debit can be returned when it is unauthorized, but not when there is a payment dispute between the merchant and the customer.

It is the ACH authorization on record vs. the actual debit that determines whether the transaction was authorized. It has nothing to do with any invoice, email, or conversation, and nothing to do with whether you received the merchandise for which you paid. If you still have a copy of your authorization, you should compare it carefully to the debit that posted to your account. If there is a discrepancy that fits one of the conditions I emailed to you earlier, you should complete a "Written Statement of Unauthorized ACH Debit" and inter-branch it to Account Services.

Be sure that any claim of Unauthorized ACH Debit you might file can survive a possible legal challenge. You have notified me that you are listed as a creditor in the company's bankruptcy filing and, though I am not a bankruptcy expert, it is my understanding that there are strict laws regarding creditor's attempts to collect on debts that are protected by a bankruptcy filing.

 

Has anyone checked the court’s website to see what property they are claiming as exempt from being used to repay debts?

 

Subd

 

I just received a Notice of Appointment Of Interim Trustee regarding Tyler and Satin Pelfrey. I'm not sure if I can post this document on here as it does seem to have their social security numbers in it. (Maybe I can black out their personal info. It lists the trustee and his contact info who I am told is the person to report possible fraud to.

I was told to contact him to report possible fraud. Offical Form 390A Notice of Chapter 7 Bankruptcy Case -- No Proof of Claim Deadline. I'm sure all financially interested parties will receive this notice.

 

Yes, they would be the ones that initiated the transaction with their ACH merchant account.

FYI, an example of you initiating a transaction would be if they told you to pay them $XXXX and they gave you their bank account information and you walked into your bank and filed out a wire transfer form and handed it to the clerk or if you did an online version of that by logging into your bank account online and chose to send them a wire, entered their respective info and the amount and hit 'Send'... or you physically handed them cash or a paper check.

People getting notices of being a creditor from the United States Bankruptcy Court doesn't mean you are not allowed to file a dispute if you paid via credit/debit/ach... if you did pay via credit/debit/ach and file a dispute on that route, you will not be reimbursed from any bankruptcy proceeds, you will be reimbursed by the bank that granted them their merchant accounts. The two are not connected in any way. Disputing is not in the same arena as their Bankruptcy, so do not think you are not telling the truth or doing something adversarial or even in any way remotely gray or illegal, you are not! HELL NO!!

 

This was previously posted.

 

@ETXTacoma Not that you or anyone else would think so, but just want to say I am not intentionally hi-jacking your thread, if you wish to mod questions for me, feel free to do so by creating your own thread rules in hopes of keeping this tidy... I know that was the whole point of the thread anyway

 

I have already posted this and you can find a link for it on the first post of this thread

Or here - https://www.tacomaworld.com/threads...condensed-version.567463/page-4#post-18681908

No, you are fine, there are some questions I am not able to answer and any help is fine. I have tried to help as much as possible... but when people don't read the OP and just post the same question or something... it starts to become a tad

 

Yea pretty much. But I also have a feeling that a lot of people are going to be sending a lot of documents to the court as well...

 

Grrrrr... why I didn't press forward with my REG E ACH claim (so beyond words, )

 

And show up to the court date in October.

 

If I filed my dispute on the 4th, would them filing ch7 on the 6th effect me? Or should I be safe with getting my money back since I beat them to the punch? Payed with Chase Sappire and the money is (tentatively?) back in my account.

 

Your bank would know by 7-10 days but honestly, have you read post #1 or the rest of this thread? It would be beneficial to you and others coming to read the entire thread through.

*really, not being a jerk here. This is a unique thread in TW. Not the normal chime in on the last page kind of thing.

Cheers

 

OK, this is quite a tricky one, AND what I am going to say is not backed up by anything other then my knowledge of the Payments Business, and legal dealings within its realm, THIS IS NOT ADVICE, but would I do this if I were in the same situations as you all who paid with ACH, knowing what I know, A B S O L U T E L Y

You could try to still do Unauthorized ACH Debit, based on the fact that your Authorization was contingent upon terms of receiving product, etc. Now, NACHA rules call for a 'Written Statement Under the Penalty of Perjury' or aka WSUPP. An affidavit makes a written statement a sworn statement. NACHA is requiring the WSUPP so they can pull the funds from Pelfreys ACH Third Party Provider. This is not an affidavit, there is a difference. You can sign that WSUPP form for Unauthorization and be totally happy with the fact that you Authorized, but then Unauthorized based on terms of Authorization not being met. And that technically isn't going to be perjury I think. If your banks WSUPP doesn't have the ability to 'add your story' which would be the terms of the sale, then request that it be added, if they cannot add it, then go ahead, that would be on them if it ever went anywhere, but here is why I don't think it will go anywhere else.

And what is being said about Pelfreys telling people to get in line, and don't try to collect by any other means, well, I think that this might be a 'nice try' by them to get you listed as a creditor. Think about this though, DID YOU LOAN THEM MONEY, you bought something.. So if I were you, I wouldn't want my name listed as a creditor, I would try like hell to get my name removed! Then I would sign the WSUPP all damn day and twice on Sunday, because you aren't committing a crime if you Authorized based on a contract for delivery and then sub-sequentially unauthorized because the contract wasn't fulfilled... And its also pretty much a certainty that the ACH Merchant Account Provider is going to be paying you back, not the Pelfreys. Now, do you risk that Merchant Account Provider coming after you? is it a possibility? sure it is.. Its also possible for me to all of a sudden decide that I really think the Kardashians have talent worthy of a TV show, sure that is possible, BUT NOT LIKELY because all you would have to do is say I will take a jury decision please if you actually want to move forward with trying to make me pay back money that was good faith for something your customer never delivered.

 

@climbhigher23 what @MTNHABITOVERLAND is saying is, YES, you're good to go if you paid via Chase Sapphire Credit Card and called them to do the dispute.

 

Thank you @indy500driver this ordeal has taken its toll on me today feeling I'm on it 1st thing tomorrow morning as my 60 days are just about to run out... One think for thought for all that put in disputes and got monies coming back to them if we all show cause in court (on said court date) as to why the judge should NOT grant them Chapter 7 we WIN by getting to keep are monies... added note at lease I can say the local news channels within the area know whats going on, El Cajon Police Department, San Diego Police Department, FBI San Diego Field Office, San Diego DA's office, FTC and a few other organizations.