Bad check question pls help

Discussion in 'Credit Talk' started by mommyof3, Jul 28, 2004.

  1. mommyof3

    mommyof3 Well-Known Member

    Hi, all,

    I badly need help. When my DH pulled his report from PG, we saw a bad check listed under collections. He was pretty upset about this because it was four yrs ago and we know it was paid because it went to the State Atty's Office, hubby got upset and immediately paid it. Now it's on his report, we can't find the receipts anywhere. Call State Atty's Office and they say they never show where it's been paid. Call CA and they say it's never been paid. Contact OC and they know nothing. So (I know this was probably the wrong thing to do) I sent a pay for deletion letter to them because I don't know what's going on and I just want them OFF his report. Today, we get this letter from CA with a printout and letter showing another check that we paid and then typed out at the top is "cannot delete acct ###...went to state atty's office". What now? The State Atty's Office said it's pass the SOL. I know I sound as if I'm whining, please forgive me if I do, I don't mean to, I promise, but I'm just frustrated. I could really use some advice.

    As always, so grateful for the help!!!
     
  2. soup

    soup Well-Known Member

    Have you disputed w/ the cra?
     
  3. mommyof3

    mommyof3 Well-Known Member

    No, I haven't. You think it's worth a shot?
     
  4. Shanyl

    Shanyl Well-Known Member

    I had a similar situation. I had a returned check that I KNOW I paid (had to to be able to work for the co.)

    Anyhow, I don't have any proof, but neither do they because when I paid it, they gave me the check back.

    So I called the OC and asked very innocently - do I have a return check in your system/file? After searching -- "no"

    I hung up and wrote my letter. In order to validate the debt, the CA has to provide documentation from the original reporting source. Mine can't.

    Now I've disputed it with the CRA. Try it esp. since your OC doesn't know a thing about it.
     
  5. lbrown59

    lbrown59 Well-Known Member

    MAKE THE CA SHOW YOU ORIGINAL CHECK.
    iF THEY CAN'T DO THAT THERE IS NO SUCH DEBT.
     
  6. lbrown59

    lbrown59 Well-Known Member

    ******************************************************
    GET THE BASICS HERE.
    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243
    *******************************************************[/b
    http://www.send4fun.com/telephone.htm
    >Anyhow, I don't have any proof, but neither do they because when I paid it, they gave me the check back.
    Shanyl
    =================
    YEAH YA DO
    That Check Is Your Proof
    It's all the proof you need

    Tell them you will pay it when they show you the original check.
     
  7. mommyof3

    mommyof3 Well-Known Member

    Thanks for all the advice, guys. I'm definitely gonna write and ask to see the original check. But are they correct when they say that the tradeline cannot be deleted because this was sent to the S.A.'s office?????
     
  8. lbrown59

    lbrown59 Well-Known Member

    1*But are they correct when they say that the tradeline cannot be deleted because this was sent to the S.A.'s office?????
    2*I'm definitely gonna write and ask to see the original check.
    mommyof3
    ===================
    1*I haven't seen any thing in the consumer protection laws that says inaccurate, incorrect or false information cannot be reported unless it has gone to a SAs office have you or anybody else?
    Who is reporting this the CA or The SA ?
    2*Your argument is not that this was paid, but because they can't produce the original check there was never any such debt in the first place.

    A-50-C
     
  9. lbrown59

    lbrown59 Well-Known Member

    Do credit scores actually work?
    Not really. If the purpose of scoring is to prevent defaults or improve access to credit they have failed miserably. As the scoring fad became popular bankruptcies and home mortgage defaults shot off the chart. (The best economy in US history has not stemmed this tide.) Promises by credit report/score salesman that scoring would make it easier for millions of "marginal" applicants to get credit also proved false. Not too long ago credit reports and scoring were touted as a way to speed up credit approval. Now home buyers spend more time arguing with credit bureaus then selecting a home.

    A-50-C
     
  10. mommyof3

    mommyof3 Well-Known Member

    Yeah, lbrown, it was the CA stating this. The thing that got me was they sent me the letter detailing a whole other case that was paid, then one little typed sentence regarding this acct### cannot delete reported to SA's office and enclosed a printout. I'm gonna shoot off a letter in the morning to them. I'm gonna dog 'em till this is resolved. I appreciate the advice. Lots of thanks to everyone who posted!!!!
     
  11. mommyof3

    mommyof3 Well-Known Member

    Hi, guys,

    So sorry to be a pest. I need help again. I am trying to write this letter to the CA and I am on complete and utter mindmelt. Could someone please help me with the wording?????

    Thanks.
     
  12. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Bad check question pls help

    Any trade line that can be posted can be deleted. It's not that they can't - it's that they won't.

    Maybe you'll just have to sue them over it, make 'em pay a thousand or so to a lawyer, THEN delete it as part of the settlement.
     
  13. mommyof3

    mommyof3 Well-Known Member

    Re: Re: Bad check question pls help

    Okay, guys,

    I sent the letter to CA demanding them to send the original check to hometown location for us to see. Sent the letter CMRRR. This is what I got in return.

    "Thank you for your correspondence regarding the outstanding returned check that was placed against your credit report.

    For the validity of the checks, you must contact the State Attorney's Office in XXX Cty. We do not have the original checks. They are at the State Attorney's Office.

    Should you have any questions, please contact our toll free number listed above. This is an attempt to collect a dubt. Blah, blah blah


    So, what now? If CA doesn't have the check, should they delete their TL? Anybody got any advice?

    As always, grateful for your advice.
     
  14. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Bad check question pls help

    1*For the validity of the checks, you must contact the State Attorney's Office in XXX Cty.
    2* We do not have the original checks. They are at the State Attorney's Office.
    3*Should you have any questions, please contact our toll free number listed above.
    4*This is an attempt to collect a dubt.
    5*So, what now? If CA doesn't have the check, should they delete their TL?
    6*I sent the letter to CA demanding them to send the original check to hometown location for us to see. Sent the letter CMRRR.
    7**Anybody got any advice?
    mommyof3
    ====================
    1*Wrong they have to obtain the Orig. check from the State Attorney's Office not you.
    2*Maybe this is true or maybe it isn't; however you don't have to just take their word for it.
    3*
    4*They haven't validated the debt and right here they put it in writing they are attempting to collect before validating.
    5*How can they validate it without the original document?
    6*Good
    7*30 days after they signed the green card send them the estoppel letter.And dispute with the Cars as not mine.
     
  15. mommyof3

    mommyof3 Well-Known Member

    Re: Re: Bad check question pls help

    lbrown59,

    Thanks for your response. I really appreciate it. Sorry I didn't respond earlier. I live in FL and its been mass chaos. Sorry I didn't spell debt right. It's been a long week. So, since they attempted to collect without validating, that's a violation right?

    In my last letter to them, I noted that if they couldn't validate the debt, then by law they must remove it from the credit report. They neglected to acknowledge that and sent me the above response.

    I've never sent the estoppel letter. I read posts on here that some people have modified it b/c some parts are not legally correct. What do you think? Do you modify yours? BTW, the State Attorney's Office does not have the original check. My husband called and asked. So, they lied.

    As always, grateful for the advice.
     
  16. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Bad check question pls help

    Were you in or near the storm?
    My neice just flew to Fl a couple of days ago.
     
  17. mommyof3

    mommyof3 Well-Known Member

    Re: Re: Re: Bad check question pls help

    Originally it was to come right over us, but then it come in at Punta Gorda and changed course. All we got was heavy rain and wind, so we were very, very blessed.

    We live in a rural county and most everyone was in a panic. Taping up windows, grabbing supplies. We packed up and went to a relatives b/c we live in a mobile home. I have two special needs kids and my little girl. They were so scared and confused.

    We have been trying to clear our credit up so we can buy a house. Now more than ever.

    BTW, I hope your niece is safe.
     
  18. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Bad check question pls help

    Thanks.
    I forgot where in Fl she went.

    Will have to ask my brother where it was she went & if he has heard anything from her
     
  19. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Bad check question pls help
     
  20. mommyof3

    mommyof3 Well-Known Member

    Re: Re: Re: Re: Bad check question pls help

    lbrown59,

    Do you have a good estoppel letter or should I go for an ITS letter or is it the same thing? I'm confused.
     

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