how old is this debt? I'm no expert on this subject, but I'm thinking that since this was a bad check (as opposed to a CC, loan, or other debt) you could offer to pay the OC, (the newspaper) and if they accept payment, then NONE of the CAs can claim you owe them anything. I'm not sure if SOL would apply since its debt from a bad check. (i know you didnt ask about that, i'm just thinking out loud.) lb, how is he supposed to 'see' the original check? He knows he owes this, so its not like anybody's scamming him into paying something totally bogus. (heehe...i said 'totally bogus'....i am NOT a valley girl.)
Re: Re: check collection question Ok, as I'm trying to point out, this is a lot easier said than done. I guess I need to write back and essentially say that a copy of the check is not good enough, as this account has apparently been sold at least twice, and I'll need the original check as validation. The one with the check is who I offer to pay for deletion. Correct? Sorry to answer every post with a question, but I just want to make sure I do the correct thing.
Re: Re: check collection question This check was written in 11/8/2000. I was wondering about this myself, and I even searched for some information, but I'm not sure what a bad check falls under. That's my question. Why would they give up their only leverage, before they have money? I mean I can ask for it, but I'm looking to get this finished, not drag it out. Frankly I don't wanna piss them off, because I'm pretty sure the SOL on this is probably not up yet, although perhaps it is. The whole thing was an incredibly stupid mistake anyway, I just want it to go away. lol @ the valley girl comment
Re: Re: Re: Re: Re: Re: Re: check collection question Ok, the disputes will go out just as soon as I hear back from my last disputes. That'll be very nice - that's a free collection removal on each report.
Re: Re: Re: Re: Re: Re: Re: check collection question I agree about the check. If they were in the same city, you could go and redeem it or see it. But working across the country is hard. I wouldn't release the original until I had the money (cleared, not just a check) in my hand.
Re: Re: Re: Re: Re: Re: Re: check collection question This is why you don't want to accept only a photo-copy of the check. Consider how many companies handled the check, even for a minute. If the OC, ChekRite, CA#1, CA#2, CA#3, etc, ad infinitum (there could be CAs which never showed up on your credit report as well). Each one makes a photo-copy as soon as they get the account, then they sell the account to the next company to get their money. There is no guarantee that CA#3 actually STILL HAS your original check, because they could have sold the account to CA#4, who may have already sold the account to CA#5, by now. So even if you pay CA#3, CA#5 could come out of the woodwork the second you put the money order to CA#3 in the mail. It takes LESS THAN A MINUTE to make a photo-copy; I photo-copied 2 copies of a 42 page letter, stapled, in less than 5 MINUTES yesterday. So, if you accept just the photo-copy, any of the other CAs could try to still collect... It's their problem to decide how to get the original to them, they can fly into the next town over, you will personally inspect the check there, hand them the certified money order upon inspection of the original check. And they can not charge you for whatever amount they would have to spend to do it either, so most likely they'll decide that its cheaper to sell the account to yet another company because you are smart enough to know that they could have already done so because the account has already passed through way too many pairs of hands already. But chances are if you lay down the law on this, guess what they would do if they were smart, find a CA who is local to you...
Re: Re: Re: Re: Re: Re: Re: Re: check collection question Good post jam237 . You brought out some points I never thought of in spite of somebody trying to pull a fast one on me 3 times regarding check issues. Had I accepted photo copies I would been swindled all 3 times?
Re: Re: Re: Re: Re: Re: Re: check collection question Well that makes sense to me, kinda anyway. So, do I need to go down to the newspaper company and pay them so the original debt is satisfied? If I do that, how do I get the CA's have to remove the mark from my credit? As I said, I'm sorry to ask so many questions, but it seems like every question I ask just opens up 10 more :\ Or perhaps the answer is to simply offer to pay in return for the check/deletion. Explain that since the account has been sold at least once, I'm not sure who has the original check, and they are the people who I owe the debt to. Also, upon further inspection of the copy, it's a copy of a copy (with a staple through the page in the top left corner). Not a copy of the original. So I suspect that they don't have the check, unless they simply file that somewhere else for safekeeping. What to do, what to do
1* It's their problem to decide how to get the original to you, jam237 ><- <>- ><- <> 1* EXACTLY All you have to do is state I will pay immediately upon inspection of the original check. If they refuse their only recourse is to sue where upon they will have to produce the original check so why not take the quick easy way out and show it to you now instead.
Re: Re: check collection question YOU ONLY PAY FOR THE "ORIGINAL" CHECK...otherwise they may pass it on to another CA or try to collect on it in two years when you forget you paid it!!!
Re: Re: check collection question Ok, so amend the letter to basically say "If you accept this agreement, you will send me a copy of this signed agreement, the original check for inspection, and I will promptly send you a money order or certified cashier's check for $110 in exchange for full settlement of this debt and deletion of all tradelines related to this debt blah blah blah" Correct?
Re: Re: Re: Re: check collection question See the first part - I actually demand the check ahead of time in that little excerpt. So some folks are saying get the check before, and others are saying get it afterward. I don't think they have the original, since the copy is a copy of a copy, and that's why I really would rather get the check ahead of time now. If they don't have the physical check, they have no right to collect this, correct? (Which law is this rule found in? I'll look it up, but I'm not sure what to look up)
Re: Re: check collection question I can almost guarantee you they won't do that. Why would they send you the original check before you pay? Now you have the check, they have no proof, and what if you don't pay them. How can they prove anything. That's what I was trying to get at. Perhaps they would agree to send it to a third party--a bank or a lawyer or something, sort of like an escrow. They send the check to that person, who would sign for it, however they do it. Then you would go to that person, inspect the check, make the payment TO THE THIRD PARTY, AND THEY WOULD IMMEDIATELY RETURN THE CHECK. Perhaps you write a letter stating that you would like to settle this matter IF they can prove they have an original check. Propose something like this and say you'll pay when you can see the check on the condition that it is immediately returned to you. Even going back and paying the newspaper wouldn't solve this problem. It's the same thing. You pay them and someone still has the check. You want an escrow agent of some sort to handle the transfer. At their expense.
Re: Re: check collection question You would probably have to pay the third party in cash or by cashier's check. Even money orders can bounce. I just heard something about that the other day. If they send it to an escrow agent (bank or whoever) near where you live, you could pay in cash in exchange for the check.
Re: Re: Re: check collection question No way will they go to all this effort and expense to collect $110, and remove this from my credit :\ I realize you're right, but I also doubt this is going to accomplish what I'm after :\
Re: Re: Re: Re: Re: check collection question NO "ORIGINAL" CHECK...NO PAY You pay for COPY OF COPY??? How do know that nothing was ALTERED??? $5.00 can become $500.00 real easy
Re: Re: check collection question Propose to the OC, that if they recall the check from all previous owners & assigns that you will pay them directly in exchange for the original check at the time of payment.
Re: Re: check collection question Just what I was getting ready to suggest, if the original creditor (newspaper?) is near enough to where he lives. They may actually still have the check anyway. Perhaps they just sent a copy when they sent it to collections. Why not start with them?
Re: Re: Re: check collection question Ok, that makes perfect sense. I'll talk to them, hopefully they will be willing to work with me. Yes, it's a lousy newspaper - I wrote the check a long time ago to get rid of the newspaper salesman who wouldn't shut up. Combined with an accounting error and no job at the time, that became a bad move. I'll write to the newspaper, right away.
