Re: Re: Re: telecheck i wanted to add these questions: even though this isn't mine, what is the SOL on bounced checks in minnesota and how long can telecheck report a bad check? just trying to see what other laws they may have broken!
Re: Re: Re: telecheck this is just from memory, but I'm pretty sure there is no SOL on bounced checks because they're not considered a regular ole debt. its against the law to knowingly write a bad check (i think they have to prove you knew it would bounce). I could be totally wrong on all that tho. Also, since Telecheck is a CRA, they can report for 7 yrs, but they only report for 5. whatever this is, its about to fall off on its own. I'm pretty sure Chexsystems lists their TLs for the full 7 yrs. Maybe that's why Telecheck is sticking people with these false debts from '99...because they're about to become obsolete? who knows with them. I'm just dying that they wouldnt give you an address. Here's the one I used: TeleCheck Services, Inc. 5251 Westheimer PO Box 4513 Houston, TX 77210 That was AFTER i had gotten ahold of my report tho.
Re: Re: Re: telecheck At Crewmom's suggestion (to play dumb), try something really basic... On XX/XX/XXXX, Merchant refused to accept my check, and they said that I needed to contact your company to find out why. When I contacted your company, your company refused to tell me, and refused to provide me with your address so that I could contact your company. I would like to find out what your company is reporting about me. The reason I added about them not providing you with the address, then they will know that you *HAD* to do some digging to get their address. So they'll know that you at least know how to go to the BBB web site to look up a company's contact information, but it plays dumb on the FCRA/FDCPA angles... TELECHECK Attn: Mr Brian Bush 5251 Westheimer, Ste. 600 HOUSTON, TX 77056 TELECHECK, INC. Attn: Mr. Jim Lerdal 5660 New Northside Drive Suite 1120-A ATLANTA, GA 30328
Re: Re: Re: telecheck Civil restitution on a check would probably have a SOL as a written contract. You would probably need to check the actual SOL law for your state to see what every possible thing included in the SOL is. An example, when I looked up PA's SOL it listed a complete laundry list of account types under PA's 4-year SOL, a lot of which need a whole definition unto themselves "(1)An action upon a contract, under seal or otherwise, for the sale, construction or furnishing of tangible personal property or fixtures. (2)Any action subject to 13 Pa.C.S. § 2725 (relating to statute of limitations in contracts for sale). (3)An action upon an express contract not founded upon an instrument in writing. (4)An action upon a contract implied in law, except an action subject to another limitation specified in this subchapter. (5)An action upon a judgment or decree of any court of the United States or of any state. (6)An action upon any official bond of a public official, officer or employee. (7)An action upon a negotiable or nonnegotiable bond, note or other similar instrument in writing. Where such an instrument is payable upon demand, the time within which an action on it must be commenced shall be computed from the later of either demand or any payment of principal of or interest on the instrument. (8)An action upon a contract, obligation or liability founded upon a writing not specified in paragraph (7), under seal or otherwise, except an action subject to another limitation specified in this subchapter." If I am reading that right, a check would be a negotiable or non-negotiable instrument payable upon demand; so the 4-year limitation would apply under (7). Most sites when listing the SOL just break the list down into the major open/writen contract/oral contract/judgements categories. Criminal prosecution on a check would depend on what you're states criminal SOL is.
In Washington State a check falls under the Uniform Commercial Code. You may want to check other laws in your state because here the SOL is listed in an entirely different section of the laws.
I am confused...they said they aren't the CA for Walmart? Telecheck IS a CA, and must follow the FDCPA as well. http://www.ftc.gov/os/statutes/fdcpa/letters/klayman.htm You can't get much more clearer and opinion letter, since this is addressed to Telecheck.
They *CAN* be a CA, if they are the company which purchased and is attempting to collect for the check. If it is just a check which was just reported to them, which they are not providing the guarantee service (they paid for the check on demand when it was declined by the bank) for, then they are only a CRA.
Re: Re: telecheck this was exactly what they claimed in their letter to me. even tho they are a collector, they werent collecting for THIS PARTICULAR debt, so they didnt have to abide by the FDCPA. or so they claim. i'm sure that argument would have to be decided by a judge. I wonder.... if you'd have been a regular joe/jane calling them after your check was declined, and, instead of saying "this is wrong, i want a copy of my report!" , what if you'd have said, "who do I owe money to, how much, and who do i need to pay so that i can write checks again, telecheck or the OC?" would telecheck still have said they werent the collector? hmmm... oh, one more thing popped into my head.... do you share your checking account with anyone?
Re: Re: telecheck Wow , by now you could have paid the 30 bucks or so, strolled down to the local courthouse, filed a small claims suit against em, had em remove the bullshit about you from their system, and gotten a grand for your troubles. But You still wanna argue with us morons about it.. sue em already. my god you make me wanna sue em and i dont write checks anymore except to pay the water, and electric bill..
Re: Re: telecheck who's arguing? I hate that 'sue-em RIGHT NOW' mentality. get your ducks in a row first. its so easy to turn this into a situation where you don't even have to file suit, and still easily get everything you want.
Re: Re: telecheck trust me - i fully intend to sue, but i would rather have them pay me without the hassle i'll post more later - i have some things to do.
Re: Re: telecheck have you ever noticed when it rains it pours? today i found out my auto policy was cancelled due to the agency not appling funds correctly and my dad might have non-hodgkins lymphoma (he's been in the hospital for a week not feeling well) - they are running tests. ok - my plan of attack is to start with a polite little letter to the address listed on BBB (CRRR) asking for my report within 2 weeks. if i don't get it, i go the BBB. if i do, i ask for validation. as much as i want to run to the courthouse, i am content with biding my time since my main focus is on my dad right now. (he's all i've got for family other than husband/kids). i'm willing to let them hang themselves without any help from me. once i get to the next point i will probably be asking for more help!!! hows that sound crowmom? BTW, what does RICO mean?
Re: Re: telecheck "Racketeer Influenced and Corrupt Organizations Act" http://usinfo.state.gov/usa/infousa/laws/majorlaw/rico/rico.htm
Re: Re: telecheck Sorry to hear about your dad. have you ever noticed when it rains it pours? I've noticed when it rains it gets wet.
Re: Re: telecheck oh gosh jenz.... i know you must be worried sick about your dad. believe me, I KNOW. your plan sounds good to me. its fine to put this on the back burner for now, because later you can say "due to telecheck's mistakes and inaction i was unable to write checks for ____ weeks/months!" hope things get better for you.
Re: Re: telecheck jenz, So sorry to hear about your dad. That's tough to have to deal with. I'll keep you in my prayers. Right now you have other things to deal with. I think you're right in just giving them some more rope.
Re: Re: telecheck Jenz, Sorry to hear about your father. You and your family are in my thoughts. John
