I Bounced A Check

Discussion in 'Credit Talk' started by TK, Aug 20, 2002.

  1. cannoda

    cannoda Well-Known Member

    I wouldn't screw around with them anymore! They say they have the check - give them five days to either provide you a copy of both sides of it, delete the tradeline, or, suffer a lawsuit. You have ALREADY provided them with proof from your bank. Screw them if they don't like it.
     
  2. beary

    beary Well-Known Member

    This is GREAT! Exactly what I was looking for!!
     
  3. TK

    TK Active Member

    Thanks I am feeling more confident about this. CA's are $%##@
     
  4. TK

    TK Active Member

    Update-Re: I Bounced A Check

    Hey everyone,
    Just a quick update to share with all. I faxed copies from my bank showing this overdraft (which I did do) I did pay a few days later.

    I ordered from my bank a statement to prove the overdraft was eventually paid by me. I faxed this 1 month ago with the the Sample letter from here to all 3.

    -Trans-deleted
    -Experian-updated to paid..I am sending them another letter-to removed like Trans did.
    -Equifax-I have not heard from yet
     
  5. TK

    TK Active Member

    Update-Re: I Bounced A Check

    Thanks everyone-I faxed a dispute investigation to all 3 credit agencies, after 3 months the collection agency is now removed from my reports.
     
  6. gatorarts

    gatorarts Member

    Update-Re: I Bounced A Check

    That's great! I love to see a thread that tells you how things ended up-- especially when it's in our favor
     
  7. sunshine71

    sunshine71 Well-Known Member

    Update-Re: I Bounced A Check

    Here one for everyone....

    I have sent two DV letters to a CA (I thought) for an account listed on my CR- For Chek Protekt, they were 30 days apart.

    I received a letter stating:

    "We are in receipt of your letter dated February *, 2003

    Please be advised, in regards to your check number 3012 to Cucina Cucina which was dishonored by the bank on April 29, 1997, a complaint was filed against you on Nov 3, 1997. Additionally, on February 2 1998, a default judgement was enterd against you in the King County District Court for the sum of $566.39

    Demand is hereby made for full payment of $915.29 within ten days of the date of this letter. If payment is not received within that time, we intend to initiate appropriate action for collection of the outstanding judgement.

    Sincerely

    Ben Hankin
    Attorney At Law


    "Same address as Chek Protekt"


    I never received any paperwork on this- They did not respond to my request of Dv w/ copies of any judgements filed- or a copy of the check. I have never heard from them- they get a default judgement against me and never have attempted to collect on this???? I am thankful that no judgement has been entered on my CR.

    I plan to go to the court house to obtain copies of this judgement and process and service- I plan to file "vacate judgement" and to hit them with a stream of Dv letters after. Any other ideas would be appreciated!~!!
     
  8. lbrown59

    lbrown59 Well-Known Member

    Re: Update-Re: I Bounced A Check

    This letter is worth $1000.oo to you.
    Nothing like written proof of a violation .
     
  9. sunshine71

    sunshine71 Well-Known Member

    Re: Update-Re: I Bounced A Check

    ibrown

    How is this letter a violation? If there is no default judgement- Please elaborate further... Really I need to know.
     
  10. LD

    LD Well-Known Member

    Re: Re: Update-Re: I Bounced A Check

    There are a couple of things I would do.

    First, demand a copy of the check (front & back) and a copy of the judgement. Give them no more than 14 days to produce this and make sure you send it CRRR.

    If there is a judgement against you, you may be able to get it vacated if you weren't properly served. Additionally, I would try to find out if this person "Ben Hankin" is a licensed attorney. If he's not an atty, but just some schmuck collector, that is a violation of the FDCPA.

    § 807. False or misleading representations [15 USC 1962e] (3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

    Which translates into $$$ in your pocket.

    It wouldn't hurt to check BBB & with the AG of the state this company is in to see if there are any complaints agsints them.

    Good luck.



     
  11. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Update-Re: I Bounced A Check

    There are a couple of things I would do.

    First, demand a copy of the check (front & back) and a copy of the judgment. Give them no more than 14 days to produce this and make sure you send it CRRR.
    LD
    ===============
    I had an out fit send me forged photo copies.
    Needless to say I will not pay on anything but an original check from now on.


    The END ************************* LB 59
     
  12. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Update-Re: I Bounced A Check

    You asked for Validation did you not.
    They never supplied the validation Right?
    They sent you the collection letter demanding payment without first validating as per your request so its a $1000.oo violation.


    The END ************************* LB 59
     
  13. sunshine71

    sunshine71 Well-Known Member

    Re: Re: Update-Re: I Bounced A Check

    lbrown-

    Your right!!! I was thinking that they did not have to send validation of debt- if in fact a default judgement exists. I will send another DV letter to them-enroute to courthouse to find a copy of this judgement.
     

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