About a month after I got a 3 in 1 from TrueCredit, I suddenly began having problems writing checks. I have had my bank account for over 4 years now, and have never bounced a check, so I called the 800 number to telecheck and the automated system told me 'A bank is reporting that you owe them money from 1999.' No name of the bank, mind you. It even sounded funny when the automated voice said 'A BANK.' Almost as if they usually DO give the name of the bank, but in my case they substituted the words 'a bank' for the actual name of the bank. (am i making any sense here? lol) anyway, I went on the telecheck website, got a different number to call, and finally figured out how to talk to a real person. He told me the name of the bank was Centennial Bank, but I know that they've been replaced by Commerce Bank in my area. This is not on any of my credit reports btw. It is not in collections either, although I'm afraid that I may receive something in the mail soon. I barely remember my DH having an account there for a very short time while he worked for a real swell boss who wrote rubber checks to his employees occasionally. The guy always 'made good' on the checks before any real damage was done, but I'm thinking this could have something to do with why the account was closed. Telecheck gave me a phone number for this bank, but I havent called because I know they don't exist anymore, and I don't really want to deal with this over the phone. Here are my questions: 1. Why is this JUST NOW reporting to telecheck? Does my pulling of my credit report have anything to do with it? I feel like I shot myself in the foot by pulling my own credit report! 2. Should I be proactive or reactive to this? Calling or writing them may wake some sleeping dog somewhere, but NOT calling or writing could result in it going to collections (which i will fight tooth and nail!) I don't want to just sit here and wait for that to happen, but i dont want to trigger anything that would otherwise never surface. The amount is only @230.00, which I can easily pay, but only if it is deleted from telecheck. Problem is, how do i get a nonexistant bank to agree to delete something? Also, the only place I've had trouble writing a check in my area is Walmart. I can live with that for another 2 years (the length of time it will remain on telecheck if they dont delete) if i have to. Thanks for any responses.
1. Why is this JUST NOW reporting to telecheck? Does my pulling of my credit report have anything to do with it? I feel like I shot myself in the foot by pulling my own credit report! 2*The amount is only @230.00, which I can easily pay, but only if it is deleted from telecheck. Problem is, 3*how do I get a nonexistent bank to agree to delete something? crowmom ============= 1*Because there is no time limit they can report after the fact that. 2* 3*how do you pay a nonexistent bank ?????? THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
TeleCheck/ChexSystems is considered a CA (the branch that handles bounced check collections), and an CRA (the branch that handles consumer reports for banks); when a bank denies you based on telecheck, they are required by law to provide you with the same adverse action letter that is required when you are denied credit, or similar adverse action. Therefore, you have the right to demand verification of the entry in Telecheck's report, just like you have with TransUnion, Experian, or Rquifax. I would send the bank a validation letter for an OC, and follow that up with the verification request for TeleCheck/ChexSystems. Any company which provides reports on consumers "character, general reputation, personal characteristics, or mode of living" is considered a CRA; UNLESS that company is a government agency. i.e. Criminal background checks being performed by police agencies, and the like. TeleCheck/ChexSystems most certainly provides reports on character, general reputation, personal characteristics, and mode of living. LeBlanc Opinion http://www.ftc.gov/os/statutes/fcra/leblanc.htm The LeBlanc Opinion says that "Due Diligence, Inc." which compiles public records searches for employment background checks is a consumer reporting agency. These other two opinions show similar entities as being CRAs, as well. Leathers Opinion http://www.ftc.gov/os/statutes/fcra/leathers.htm Pickett Opinion http://www.ftc.gov/os/statutes/fcra/pickett.htm
wow. thanks so much. I guess I'll call Monday to simply see if this bank is still in business, (not to talk to anyone about my particular case of course--that will all be done in writing) and if they do still exist, I'll begin the validation/verifiation process. thanks for the links!
First thing I would do is send Telechek a letter demanding a copy of my credit reports. I don't know if they participate in the fraud alerts so you might could get away with using the excuse that your report contains inaccurate information due to fraud to get a freebie. Once you get your report, I would dispute the listing with telecheck. If it gets verified send telecheck a PR and then send my CYA letter to the bank. Then depending on the outcome, you may have to take the matter to court to get it cleared up.
Thanks! You know what, when I talked to them on Friday, I sorta played dumb and I asked if they could send me something in writing that shows exactly what is being reported, and the guy said NO! Then, when I became insistant and said something about the fact that my check was denied this HAS to be a mistake, and how I deserved a free copy of my report, he put me on hold for a long time (Probably reading his handbook or asking someone how to do his job) he came back and asked for my address so he could send me a copy of my report. Another thing I hate....he asked me for my home phone number right off the bat! He didnt even know what I was calling for, and he was asking for my number! I told him he didnt need it, so maybe that's why he was being difficult when I requested my report. I cant believe how many people just voluntarily give out their phone # in those situations.
1*I don't know if they participate in the fraud alerts so you might could get away with using the excuse that your report contains inaccurate information due to fraud to get a freebie. dixidriftr =========== 1*No need to do that: I suddenly began having problems writing checks this entitles crowmom to a free report. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: Re: nonexistant bnk rprtd me 2 telechk I know! its unbelieveable! I was just recently asked for my SS # while trying to clear up this whole telecheck mess. And when I said 'you dont need that information' the lady acted all confused. dumba$$. I've been calling and looking online...trying to find this bank I supposedly owe money to, and they just aren't here anymore. They were called Centennial Bank. The phone number telecheck gave me was not a working number, and the number i got when i called information was the number of the new bank that took them over. (Commerce Bank). I did call Commerce just for the heck of it, and I vaguely explained my situation. I did NOT give out any personal info--not even my name. I told them that Centennial was reporting me to telecheck, and since they took over that bank, would they know what I should do? Of course they transferred me to their recovery dept and the CSR asked for my SS # right off the bat. I refused and she said she couldnt help me. So now I guess all I can do is request verification from Telecheck? I'd sure know who they'll verify with.
Re: Re: Re: nonexistant bnk rprtd me 2 telechk Hi Crowmom. I am amazed by what Jam said. I did not realize they were a CA. This means they are bound to the FDCPA too. And if that's the case, they may have already violated. Have you moved since closing your account with Centennial Bank?
Re: Re: Re: Re: nonexistant bnk rprtd me 2 telechk Yes, they are, and I too had no idea until the CSR said that since Telecheck was not handling the collection of the account, they couldnt send me a copy of the report they had on me. Can you believe that?! I acted confused and said 'you mean you directly handle collections of accounts there?' and he said 'yes, some of them we do...but not this one.' He actually thought I'd buy his crap about not being able to send me a copy of my report due to them not being the collector. He changed his tune pretty quick when I told him I was entitled to a free report since my check was declined.
Re: Re: Re: Re: nonexistant bnk rprtd me 2 telechk Well gee wiz. Learn somethin new every day I guess. This is good tho. The FDCPA mandates they send you your first notice, containing your rights, within 5 days from their first communication. Listing your TL on a consumer report is the first communication. Most likely they might suggest they did send it to the last known address. But this is one way you may be able to fight this if you need to. But I have a feeling they'll roll over easily on this one. The interesting part is since the phone number Telecheck has is unworkable, they might just try it, hang up and delete. Go through the ver. demand with them. I bet it'll drop. That's what I'd do. .
Re: Re: Re: Re: nonexistant bnk rprtd me 2 telechk I'm drafting a letter right now. One thing has me a little puzzled tho. I understand that they are bound by the FDCPA, but according to the CSR i spoke with, Telecheck isnt the collector for this account. No one is really. The bank has never contacted me (that i remember anyway), this isnt on my Eq, TU, or Exp, and no collections letter has ever come to me for this. So would they still be able to be busted for not sending me a notice containing my rights within 5 days when they arent technically the collector? Also, we moved 10 months ago, but this JUST started about 2 months ago. All my mail is still being forwarded from my old address. Theres no way they can claim the 'last knows address' crap. Here's what I have so far...what do you think? ------------------------- Greetings, I am writing to you today to inform you that you are reporting inaccurate information about me. I requested and received a copy of my report last month, and since then, I have been trying to contact the source of the information so that I could dispute this error. The phone number you have on file for Centennial Bank is not a working number. I have discovered that Centennial Bank does not exist in my area, but besides that, I have never even had an account with Centennial Bank. This information is obviously a mistake. I respectfully request that you thoroughly investigate this information, and provide me with the name, address, and a working phone number of the person who is reporting it. I am certain that the validity of this item is not provable, and since it cannot be verified, you will be required by law to remove it from my profile with Telecheck. As you know, you have 30 days to complete your investigation. ------------------------------ I didnt really want to mention the FCRA or FDCPA and come off looking like a 'know it all'. Should I also remove the 'required by law' and 'you have 30 days' parts also?
Re: Re: Re: Re: nonexistant bnk rprtd me 2 telechk Good Job CM, I might try it a slightly different way. You are requesting name, address, and phone number of the party who reported. That means they are asked to report this info. to you regardless of the outcome of your dispute. I'd make the request for this info. contingent upon the unlikely event they verify. Like so: "In the unlikely event you should verify this account, then in that case please provide the name, address and phone of the party whom you contacted." Implication here is they can do one of two things; 1) Go through all this crap and provide you with all this info. OR 2) Just delete the stupid thing and move on. Make it EASY for them to choose #2.
Re: Re: Re: Re: Re: nonexistant bnk rprtd me 2 telechk Ok, all done. THANK YOU A MILLION TIMES! although, one more fear popped into my head as I was sealing the envelope... (i'm a worrier) What if they do the exact same thing I did while trying to verify this? Call the non-working number, call information and get a number to the new bank (Commerce) and have some idiot CSR ask for my SS#?? Can they give that out? Yikes! If they can (and DO) this could end up on my CRAs and/or in full-fledged collections! Am I taking that chance here?
Re: Re: Re: nonexistant bnk rprtd me 2 telechk Remember TeleCheck is a three-headed monster, they act as a CA, in collecting on checks, the ones that eventually get sold to the likes of NCC, for merchants who display the TeleCheck logo on their doors, they act as a CRA in providing those same merchants with whether or not a customers checks have been returned to TeleCheck as bouncing (see #1), and as ChexSystems they act as a CRA providing information to other banks on whether or not they consumer has had any accounts closed for unfavorable purposes. Basically #2, is one of their collection practices, by blacklisting you at their merchants, they can get you to pay up if you want the privelege of paying by check at their merchants.
Re: Re: Re: Re: nonexistant bnk rprtd me 2 telechk I know somebody who had MAJOR problems with TELECHECK...the bank ASSUMED 100% OF THE RESPONSIBILITY FOR BOUNCED CHECKS...TELECHECK REFUSED TO DROP THE FEES (I guess it is NORMAL for banks to request it...and they usually do drop the fees...but they REFUSED so they were still on the BAD CHECK LIST FOR THE FEES...NOT THE CHECKS) They had to send an ITS along with the BANKS LETTER... It took a long time for them to finally drop the fees...
