Check Declination Question

Discussion in 'Credit Talk' started by TallSmith, Dec 22, 2003.

  1. TallSmith

    TallSmith Well-Known Member

    I would like to know if anyone has an idea about this scenario:
    In XYZ Toy Store and write a check with DW at side.
    The guy says, sir your check was declined. (and I KNOW there's at least 5K in the account!) I asked why and he said he did not know. I was soooooo embarassed I just pulled out my debit card (from the same account) and used it with no problem. I then called the store back the next day and asked who I could talk to and they referred me to some place called Certigy???? After calling them they said it was some mix up and that a lady had written a hot check with I.D. (drivers license) number very similar to mine and a clerk may have mis-typed the numbers of the woman making it look as though it was me. Well, talk about not KOSHER.......this hacked me off and she then said they'd try to have me removed from their system by Wednesday of this week. She said she'd "try" to send written confirmation. I am soooooo lost on this one as I have never bounced a check in my life. Anyone have any ideas? Is this Certigy following the law here????
     
  2. GEORGE

    GEORGE Well-Known Member

    PAPA JOHNS had me on their NO CHECK LIST...

    The last check I wrote at a store was in like in the 1990's...

    They gave me a phone number to call...

    They said they have bounced check(s) associated with my phone number...

    I got the phone number in 1989...

    She said the name on the check(s) is not "GEORGE or MRS GEORGE or GEORGE KIDS"

    Somebody probably just picked a phone number out of the air and used it...BUT IT WAS NOT DELIVERED...IT WAS PICKED UP AT THE STORE.

    She said wait 72 hours and I can write a check again??? WHAT??? I JUST TOLD YOU I USE CREDIT CARDS..."Well if for some reason you would want to write a check...you can"
     
  3. ka

    ka Member

    George,

    How did you come to find out you were on their NO CHECK list?

    ka
     
  4. GEORGE

    GEORGE Well-Known Member

    Re: Re: Check Declination Question

    Wife called for a TO-GO order to be picked up...and they said NO CHECKS AFTER SHE GAVE THEM THE PHONE NUMBER...

    "WE DON'T USE CHECKS--CREDIT CARD ONLY"
     
  5. JTrain

    JTrain Well-Known Member

    Re: Re: Check Declination Question

    When you contact these places, always ask for a copy whatever information is contained in their files. Legally, you are entitled to it free since your check was declined.

    This way, you can determine if someone is using your personal information fraudulently.

    Certergy will say one thing on the phone - and sometime do absolutely nothing to clear your record.

    Ditto for Telecheck.
     
  6. TallSmith

    TallSmith Well-Known Member

    Re: Re: Check Declination Question

    Thanks Jtrain.
    I guess i can google and get an address for them.
    the lady on the phone swore up and down it had absolutely nothing to do with me and that nobody was using my i.d. and was apologizing all over herself........of course it probably helped that i began my conversation with WTF are you people doing declining checks when i have never had a hot check in my life i ought to sue the crap out of you for defamation there better be a good excuse for this.......blah blah blah. i did not even take a breath between sentences for about a minute and finally when i had to she said please sir.......let's take a look i am so sorry for whatever happened.
    hopefully this is over......guess i'll know in a few days or weeks, but in the interim i guess i just won't write checks
     
  7. Hedwig

    Hedwig Well-Known Member

    Re: Re: Check Declination Question

    One more reason to just use your mileage card or whatever rewards card you have for everything. At the end of the month, write one check and collect your rewards.
     
  8. hgcherice

    hgcherice Member

    The same thing happened to me. I wrote a check and it was declined.Then used debit card from same bank acct., went right through. This happened through Telecheck.I called the number that the sales associate at the store gave me and they claimed that they had record of a declined check and could not give any reason to why I was declined.

    How weird is that?
     
  9. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Check Declination Question

    I USE AMEX DELTA and BANK ONE UNITED VISA and don't even write
    the ONE check (or TWO) I USE ON-LINE PAY!!!
     
  10. Butch

    Butch Well-Known Member

    Hi Smith.

    http://www.certegy.com/index.html

    Nothing new here. lol

    As you know we often discourage talking to these people on the phone but it's ok if you know how to handle yourself.

    The most important thing to do [especially you] is "memorialize" the conversation you had with them. You do that by writing a letter and including ALL the points you guys talked about on the phone, with whom you spoke, date and time, in she said, I said fashion.

    IE.

    This will confirm the points we discussed on the phone on xx/xx/xxxx, with "Jody, CSR".

    I said:
    Jody said:

    I said:
    Jody said:

    etc., etc..

    If you need a better example I have one.


    This document will stand unless disputed in writing with equally counterweighted assertions. Since they did have the convo. I seriously doubt that would happen.

    Also - you can afford to be assertive. But do be nice about it. I know you'd like to tell em where to shove it but lets just get the thing resolved quickly. :)


    Your letter is basically done. Just copy/paste from your original post.


    Then FAX it, from a third party fax machine and follow up with a copy CRRR.


    Let us know [here] how it goes.

    :)

    .
     
  11. Butch

    Butch Well-Known Member

    Re: Re: Check Declination Question


    Same thing for you HG.

    :)

    .
     
  12. TallSmith

    TallSmith Well-Known Member

    Re: Re: Re: Check Declination Question

    Well, I made the verbal request on December 20. Is there any timeline they must follow? Since they're not really a CRA.......or are they? I am not real sure. I'm going to wait for the time to pass and then send them a nice present in the form of a letter saying send my complete file as a starting point and we will go from there to talk about your violations and potential defamation.......blah blah blah....

    Maybe a quick little settlement if they've violated any laws.....who knows. Maybe somebody else better educated in this area can shed light.......
     
  13. gottago

    gottago Well-Known Member

    Re: Re: Re: Re: Check Declination Question

    Yes, they are a CRA.

    You need to put the request in writing. Otherwise, you have no proof that you made the request.

    They didn't violate any laws. They told the merchant what was in their files. If it was incorrect, it is up to you to get a copy of your credit report from them, and then notify them of the error.

    You have no legal right to write a check to a merchant, and a merchant has a legal right to refuse a check from anyone if they think it won't clear.

    You cannot collect damages for being embarassed.
     
  14. TallSmith

    TallSmith Well-Known Member

    Re: Re: Re: Re: Check Declination Question

    I have proof of my request. ALL of my conversations are always recorded.
     
  15. JTrain

    JTrain Well-Known Member

    Even though the newly amended FCRA has created a special category for these type of CRAs, they are still considered a credit reporting agency, and as such, much adhere to the FCRA.

    They did not break the law in declining your check, however, it is a FCRA violation if they do not provide a copy of information contained in their files, and if they do not investigate your dispute of that information within the FCRA time allotment. [30 days now - 45 days when the new FCRA goes into effect]

    Many of the morons you talk to at these check verification services act like they have never heard of the Fair Credit Reporting Act, therefore, it is up to you to assert your rights.

    Always investigate these declinations; someone could have gotten your personal info and may be using it frauduently. Or, as is often the case, the CRA is just reporting bad or inaccurate info.

    FCRA - Section 603
    (f) The term "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
     
  16. Hedwig

    Hedwig Well-Known Member

    Re: Re: Re: Re: Check Declination Question

    It may not be admissible in court, though, if you want to sue. And some states require that both parties are notified. If you don't notify them that you're recording, you may actually be committing a crime. And you have to abide by the laws of both states, so you'd have to know where the person you're talking to is located and the law there.

    I'd do it in writing, CRRR to have proof that you know is admissible in court and that won't get you arrested.
     
  17. lbrown59

    lbrown59 Well-Known Member

    Tall BUMP
     

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