I requested validation of a bounced check a CA said I bounced 4 years ago, they sent me a copy- front and back of the check. I requested the name and addy and phone number of OC and they didn't provide that. I also asked for proof that they had the right to collect this debt and they provided me with no contract or agreement. Help, is a copy of the check enough for validation?
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. They should have provided the name and address. I have always questioned whether they have to provide us with proof of their contract/agreement with the OC. IMHO if this were to go to court, the very fact that they have the check to provide you with a copy proves that they have either purchased or been assigned the debt. How else would they have the proof for validation?
What state are you in and, did they send an accounting of the additional fees they're charging? {if any}.
I am in SC. They sent me a letter stating " The amount owed listed above includes the face amount of the check plus a handling fee." Do they need to provide me a break down of the fees? The check was 67.77 and they want me to pay 92.77. Stephanie
The SOL has run in SC. -------------------------------------------------------------------------------- STATE: SOUTH CAROLINA INTEREST RATE Legal: 8.75% Judgment: 14% STATUTE OF LIMITATIONS (IN YEARS) Open Acct.: 3 Written Contract: 3 Domestic Judgment: 10 Foreign Judgment: 10 BAD CHECK LAWS (CIVIL PENALTY) Reasonable court costs amount of check& damages up to $500 or 3x check amount whichever is smaller
I realize that. But... I was living in GA when the check was written. So, I think they can go after me based on GA SOL's. Regardless. I want it off my credit I don't mind paying it. But, I need the OC info so I can contact them for payment, cause don't I have a better chance of getting them to wipe my CR clean of it than the CA? Or should I write the settlement letter to CA? Steph
Who is reporting it? If it is the OC, you can call the CRA that is reporting it and get their address.
1*I have always questioned whether they have to provide us with proof of their contract/agreement with the OC. 2*if this were to go to court, the very fact that they have the check to provide you with a copy proves that they have either purchased or been assigned the debt. 3*How else would they have the proof for validation? jlynn ****************** 1*With out such proof how do you know you're paying the right party? If you pay the wrong person you could end up paying it twice. 2*but it don't prove they still own the debt or have a current assignment. 3*Answered in # 2
Re: Re: bounced check validation I second lbrown, with the likes of NCC and similar bottom feeders in the waters, all the photo copy proves is that at some point in time they had the account for as long as it takes to run that check through a XEROX machine. There's no way to tell whether or not they photocopied it, and then transferred or sold it to another bottom feeder, who then photocopied it, transferred or sold it to another bottom feeder, etc.
Re: Re: Re: bounced check validation 1* There's no way to tell whether or not they photocopied it, and then transferred or sold it to another bottom feeder, who then photocopied it, transferred or sold it to another bottom feeder, etc. jam237 ******************* ==================== 1*This is one reason I won't make good on anything but an original check. Another reason is the phone company scamed me on 5 photocopies that were forgeries. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: Re: bounced check validation So I can tell them I need the original check? I'm confused. If they send me the original, they can't collect because I could destroy it. I don't see them sending me the original. The deal is with this that I swear I paid this shortly after it bounced. But, I can't find proof that I did. Since it's such a small amount I wouldn't mind paying it again just to get the dang thing off my record. But I dont want to pay it and still have a collection on my CRA. Even a 'Paid Collection'. So, I'm wondering if I contact the OC and settle thru them can they force the CA to remove thier negative listing? Or do I have no choice but to deal with the CA? Also...with them proving they have the right to collect. I really think they should have to. It's 4 years old...Over 4 years actually. They could have been assigned collection on it when it originally bounced. No telling who has it now. I really think the dang thing is paid and I'm ticked I can't find proof. Oh well. Any other ideas? BTW I wrote them CRRR today telling them they failed to provide me with OC's info as required by law and that I wanted to see proof that they could legally collect on this debt. We'll see. Time to twiddle fingers and wait I guess. Stephanie
Re: Re: Re: bounced check validation So I can tell them I need the original check? I'm confused. If they send me the original, they can't collect because I could destroy it. I don't see them sending me the original. The deal is with this that I swear I paid this shortly after it bounced. But, I can't find proof that I did. Since it's such a small amount I wouldn't mind paying it again just to get the dang thing off my record. But I dont want to pay it and still have a collection on my CRA. Even a 'Paid Collection'. So, I'm wondering if I contact the OC and settle thru them can they force the CA to remove thier negative listing? Or do I have no choice but to deal with the CA? Also...with them proving they have the right to collect. I really think they should have to. It's 4 years old...Over 4 years actually. They could have been assigned collection on it when it originally bounced. No telling who has it now. I really think the dang thing is paid and I'm ticked I can't find proof. Oh well. Any other ideas? BTW I wrote them CRRR today telling them they failed to provide me with OC's info as required by law and that I wanted to see proof that they could legally collect on this debt. We'll see. Time to twiddle fingers and wait I guess. Stephanie ================Where Ya at on this now?
Re: Re: Re: bounced check validation I've just gone through a similar situation with two different CA's for some checks my wife bounced. With one, I negotiated full payment for deletion from CR, and they have to send the original checks to me after I pay them. I got everything in writing prior to paying, and so far, everything has gone as it should. With the other CA, I sent a settlement letter and never heard another word from them. Either they don't have the original checks, or they don't want to get paid.
Re: Re: Re: bounced check validation I've just gone through a similar situation with two different CA's for some checks my wife bounced. With one, I negotiated full payment for deletion from CR, and they have to send the original checks to me after I pay them. I got everything in writing prior to paying, and so far, everything has gone as it should. With the other CA, I sent a settlement letter and never heard another word from them. Either they don't have the original checks, or they don't want to get paid.
Re: Re: Re: bounced check validation 1. Don't expect to receive the original check as that is necessary evidence in the event of a civil trial. 2. Apparently, you have a SOL defense and the debt is uncollectable. 3. After paying off a bad check, you should insist on getting the ORIGINAL check back. 4. Bad thing about bounced checks, is that you can be reported to Chexsystems, telecheck, etc. which can make it very difficult to open up bank accounts. In this case your check is over 4 years old and chexsystems only keep records for 5 years. You don't want to get a negative Chexsystems report.
Re: Re: Re: bounced check validation Question involving checks... What if a checkbook was stolen or accidentally discarded? I moved in '98. Typical college kid move in trash bags....but threw a "good stuff" bag away instead of the real trash. Long story short, bad neighborhood, people always going through peoples trash. Turns out now there are about 8-9 bounced checks on each of my reports. (most from Dec. 1998) I've disputed a few of these off, but some still remain...still disputing. Someone had a greeeat Christmas a few years ago... I'd like to get ALL of these off in one fell swoop. They're 2-3 different CA's reporting these. I know these aren't mine. The bank has been bought by another bank..and the other bank was just bought by yet another bank. Any signature record would clear this up right away...but I doubt that's available since the original bank is long gone. I've since had an internet checking account..no probs at all. What would be the quickest and most concise/efficient way to get rid of these once and for all? (Besides disupting...i'm on a continual dispute rampage I haven't done any CA validation, as I'm thinking it's best to clear up the reports w/ the easy ones first. Thanks, DB
