Re: Re: Re: Re: Re: bump no, lol. I had to use my NEW debit card. I havent been using one for years. (Too many fees, and i'm afraid I'll lose it or have it stolen.) by the way, I finally got a call today from Telecheck telling me everything has been 'cleared' from mine and DHs reports, and that the IT guys have assured that our checks will go through. Thats what they told me last time, so i told her i would write a check later today and see if it works. I asked if she knew if the legal dept. at telecheck had received my last letter (the one stating that I wanted to keep everything in writing) and she said 'i dont see it here'. i thanked her and she again told me (in a bit of a frantic voice) "everything was fine." thats what she thinks. heh.
update update: got green card back proving telecheck received my "I think you've broken the law, and i have provable damages, i'm calling a lawyer tomorrow" letter. (I'm still playing my 'dumb' card) i got a letter from them today. all it says is that they've removed all derogs, and that they wont decline my checks anymore. looks like a form letter. i'm sending the official "i've discovered you HAVE broken the law, and I'm entitled to money" ITS monday. I can prove that i have them on at least 5 violations. (FCRA & FDCPA) I also have documented proof of all the extra expenses, wasted time, and trouble i had to deal with when i couldnt write checks. I'm ready to sue for at least $6,000 + court costs & attorneys fees (that is, IF i get a lawyer) I'm thinking of sending a settlement offer of $3,000 with my ITS. is this a bad idea? is that amount too high? should i actually file suit and THEN offer settlement? does it look wimpy to send a settlement with an ITS? i'm thinking yes.
Re: update ok, i have another idea... what if i sent an ITS, gave them a date to respond, and when they dont, send a completed complaint outlining all violations, damages, in detail, along with a settlement offer?
Re: update ok. got my ITS all written up. it basically says that i have real damages, that they've violated FCRA and FDCPA, and i believe i deserve to be made whole. i gave them a dollar figure that i'm ready to sue for. now, most ITS letters here say "remove the TL or be sued". This is where i'm stuck. TeleCheck's already removed the TL and I can write checks again. Why should I give them a 'heads-up' of my intent to sue, when I really am going to sue? I'm not using the threat of filing suit to get something removed or fixed. I'm using it to get them to offer a settlement. get what i mean? heres what i'm hoping for. I want them to know that i'm more than ready to sue, i'm willing to litigate for years if i have to, and i want them to offer me $$ to go away. what i want to know is this: how should i word the end of my letter so that they'll call or write me saying 'what will it take to settle this out of court"? I'm almost afraid they'll accuse me of extortion or blackmail if i do this wrong... also, i know you all are thinking 'just file the damn suit and then wait for them to offer settlement.' but i've read a lot about judges who like seeing the plaintiff try to settle first. i just dont want to do this wrong. yes, i AM this wishy-washy in person.
Re: Re: update If you put in writing that because of Telecheck's error you have suffered X, Y, Z ... and the monetary value of X is $A, Y is $B, and Z is $C, and you are asking for $A + $B + $C (and no more) from Telecheck to make you whole again, I don't think that would be considered a blackmail. You are simply asking for a refund of monetary cost that you suffered. Be prepared to reasonably substantiate your assertion, if it comes to the court, about how you came up with those dollar figures. And that means you don't ask for $1 Million or similar unreasonable figure in your letter. You might say, for example, law provides statutory damages upto $1000 per violation, so you figure $1000 per violation in your calculations, and thus Telecheck owes you $13K. Then list 13 violations that Telecheck committed Of course, you don't list the detailed breakdown of how you arrived at your damages in your letter to Telecheck, but only for that court. You get what I am trying to say? I am trying, but perhaps not succeeding in getting my point across.
Re: Re: Re: update You did a fine job Lakpr. Remember though to "settle" for less than they might lose if they went to court. Otherwise there is no incentive to settle out. GL CM. Go get em tiger. .
Re: Re: Re: update thanks so much guys. i've got actual and statutory damages listed in my letter. anyone care to guess what it would cost them to go to court so that i can settle for a little less than that? i have an idea of the amount i deserve, but i don't know if its less than what they'd end up paying for litigation. just a ballpark figure?
Re: Re: Re: update bumping my question and... I'm thinking of sending this to the president of TeleCheck and CCing it to the legal dept. would it be pointless to cc it to the AGs office in each state, the FTC, BBB, et al? who else regulates TeleCheck? any federal banking regulatory agencies maybe? thanks
Re: Re: Re: update Send your ITS to the Agent of Service for Telechek. It may or may not be the President, but the Agent will get it to the right person to handle.
Re: Re: Re: update thanks so much jlynn. I thought agents of service were only for when you sent the acutal filed lawsuit. sending the ITS to their agent will surely get their attention and make me look very serious. (which i AM) any idea how i'd go about finding that info? i've emailed the 'public info' person at both the TX Sec of State and AG sites, but i'm impatient. I wanted to mail the ITS last week, but with all the snow/ice, the way I keep reading things here that make me change my letter, and now this, well, i just want to get it in the mail TODAY. thanks again for bringing this to my attention, and helping me to look a little more, uh, legitimate, lol.
Re: Re: Re: update Got an email.... according to the sec of state office in Tx, TeleCheck's "Agent of record" is: Corporation Service Co., 701 Braozos Street, Ste 1050 Austin, Tx 78701. is Agent of record the same as Agent of Service?
Re: Re: Re: update oh my gosh i sent it. Now I'm so nervous, lol. They have until March 1st to respond. I can't believe i did it. I need a drink, lol. After all that work I'll be so mad if they ignore me. I'll update if/when they respond.
Re: Re: Re: update sheesh. i just re-read this whole thread, and i looked like a lunatic there for a couple of posts, lmao.... (don't laugh at me!! hehe...I was pissed and nervous, alright? lol...) ok anyway, the latest development in this freaking SAGA... Got a fax from the Corporate Legal Analyst for TeleCheck (i feel so worthy, heh): Dear Crowmom, Your letter dated XX was forwarded to me for review and response. My investigation of your dispute (dispute? whuh? we are so past dispute at this point.) indicates that the debt from XX bank which you disputed in Oct 03 was not at any time assigned to TeleCheck for collection. Rather it was reported to TeleCheck as negative data solely in connection with teleCheck's capacity as a consumer reporting agency. The FDCPA is, therefore, inapplicable in this matter.(darn. i was hoping they wouldnt notice that. heh.) Further, FTC official staff commentary 611 item 8 states that an agency need not reinvestigate where a dispute of an item in a consumer's file is raised by a third party because the FCRA provides that right directly to the consumer. (ok, they totally lost me here. there was no third party involved. Plus, not only did i not reqest a reinvestigation, my beef w them was that they never investigated at all! what-EVER.) This debt was not at any time reported under your MO drivers license number, but rather was linked to a bank account # when that account was used by the individual whom the bank reported as owing a debt. (i'm assuming they're referring to my hubby here. funny. he NEVER WROTE ANY CHECKS.) TeleCheck, therefore, had no obligation to reinvestigate that debt since that debt was never reported in your consumer file.(OH BUT IT WAS AND THEY KNOW IT.) In accordance with TeleChecks responsibility to correct errors that come to its attention, the debt has subsequently been reported as 'paid'. (nothing was paid because nothing was owed!! aack! why cant they just delete it completely? my head hurts now.) *at this point i was getting very pissed off....then, I turned to page 2 of the letter:* TeleCheck denies any liability in this matter, however, it recognizes that you have been inconvenienced by having your checks declined at various TeleCheck merchants. TeleCheck therefore offers to fully resolve this matter for the sum of $1,000.00 to compensate you for any inconvenience and embarrassment. This offer will remain open for 15 days from the date of this letter, and then will be withdrawn. Please advise me of your decision no later than March 12. TELL ME WHAT TO DO OH NOBLE CN PEOPLE. I NEED ADVICE. I NEED DIRECTION. I NEED SOMEONE TO HOLD ME. I NEED A DRINK. lol.... seriously tho, i could really use a little advice, opinion, pros, cons, what ifs, etc. thanks so much.
Re: Re: Re: update oh come ONNNNN! I'm dying here! what do i do? take the money? someone please give me something to work with here. I've been obsessing all day. DH says to take the money and run. I'm starting to agree w him. Are they ripping me off? or is this a good deal?
