FDCPA - Google search it and click the first link up. This section of it deals with the post dated check thing. - § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. (4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
THANKS! I am scrambling here? Does anyone know if I have to receive it 3 business days before, or if it can be mailed 3 business days before???????? I'm fixing to hang RMA's lieing MF identifying themselves as Citibank selves out to dry. Then I'm taking Citibank/Office Depot down with them because they are denying even knowing anything about RMA &(&(*&(*&#@(^$(&$@(&$(*&$( I'm Venting. Thanks
Ok the scoop - on 4/8 Citibank/Office Depot calls about a payment 2 weeks past due. Huh? So I give them a check by phone for the 3/18 and 4/18 payment $62.00. I figure the other check will just be xtra on the card. 4/15 Collection letter from RMA for this account. Huh? Proceed with validation 4/21 Balancing my checkbook PBF has not cleared, so I call. They have no record of my payment so now I have to pay $96. 3/18, 4/18, AND 5/18 payment (despite the fact I haven't even received the bill yet). They mark EX 30 days past due 4/2003. I'm PO'd, but figure I will write a letter to get it removed. Today - I get a letter from RMA verifying my POST DATED CHECK FOR $62. will be deposited tomorrow. WTF? Their letter is postmarked 4/22. I go rabid. Citibank swears they have no record of the payment, they have no record of this account being with RMA, pound sand your SOL we have your $96 take it up with RMA. I'm telling them it is their problem because their 3rd party was misrepresenting themselves. Still no dice, gonna write a nasty gram book to them. I call RMA - I know I know, but I'm rabid. They can't stop the payment this late. I quote their letter verbatim that says they can. I talk to their idiot supervisor. Two independent parties verified my husband (who has signed maybe 5 checks in 10 years, and has no idea where the checkbook is) authorized this. Supv - Why would two indepent people lie? Me - Because they get paid on commission. Because I know all about your company and I will state 12 people in your company would lie for that $62.00 Supv - We offered you a 30% settlement in full which you declined. Me - Yeah right, on an account that one payment was 20 days past due. Supv - We didn't identify ourselves as OD Me - Sir, I can tell you right now that I would not give RMA or any other 3P DC my personal banking information even if Hell froze over. Anyway, so far, I have sent a "memorialization of conversation" fax, along with an absolute statement to not withdraw those funds tomorrow., and will start the war again tomorrow.
§ 807. False or misleading representations [15 USC 1962e] (14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization. They said they were Citi when they arent...enjoy your money from your lawsuit!
Well see, thats the problem with checks by phone. Is it coming thru as a check, or an ACH debit? If I stop both thats $50, the check is $62. I won't lose the money, it will/should go to the Citibank account.
jlynn, try this site , it contains information such as the following, maybe it will help, maybe not http://www.fdic.gov/regulations/laws/rules/10000-6.html#E (b) Automated clearinghouse or ACH means a facility that processes debit and credit transfers under rules established by a Federal Reserve bank operating circular on automated clearinghouse items or under rules of an automated clearinghouse association. (c) Automated teller machine or ATM means an electronic device at which a natural person may make deposits to an account by cash or check and perform other account transactions. (d) Available for withdrawal with respect to funds deposited means available for all uses generally permitted to the customer for actually and finally collected funds under the bank's account agreement or policies, such as for payment of checks drawn on the account, {{4-28-00 p.7415}}certification of checks drawn on the account, electronic payments, withdrawals by cash, and transfers between accounts. (e) "Bank" means-- (1) An "insured bank" as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813) or a bank that is eligible to apply to become an insured bank under section 5 of that Act (12 U.S.C. 1815); (2) A "mutual savings bank" as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); (3) A "savings bank" as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); (4) An "insured credit union" as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752) or a credit union that is eligible to make application to become an insured credit union under section 201 of that Act (12 U.S.C. 1781); (5) A "member" as defined in section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422); (6) A savings association as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813) that is an insured depository institution as defined in section 3 of that Act (12 U.S.C. 1813(c)(2)) or that is eligible to apply to become an insured depository institution under section 5 of that Act (12 U.S.C. 1815); or (7) An "agency" or a "branch" of a "foreign bank" as defined in section 1(b) of the International Banking Act (12 U.S.C. 3101). For purposes of subpart C of this part and, in connection therewith, this subpart A, the term bank also includes any person engaged in the business of banking, as well as a Federal Reserve bank, a Federal Home Loan bank, and a state or unit of general local government to the extent that the state or unit of general local government acts as a paying bank. Unless otherwise specified, the term "bank" includes all of a bank's offices in the United States, but not offices located outside the United States. (f) "Banking day" means that part of any business day on which an office of a bank is open to the public for carrying on substantially all of its banking functions. (g) "Business day" means a calendar day other than a Saturday or a Sunday, January 1, the third Monday in January, the third Monday in February, the last Monday in May, July 4, the first Monday in September, the second Monday in October, November 11, the fourth Thursday in November, or December 25. If January 1, July 4, November 11, or December 25 fall on a Sunday, the next Monday is not a business day. (h) "Cash" means United States coins and currency. (i) "Cashier's check" means a check that is-- (1) Drawn on a bank; (2) Signed by an officer or employee of the bank on behalf of the bank as drawer; (3) A direct obligation of the bank; and (4) Provided to a customer of the bank or acquired from the bank for remittance purposes. (j) "Certified check" means a check with respect to which the drawee bank certifies by signature on the check of an officer or other authorized employee of the bank that-- (1)(i) The signature of the drawer on the check is genuine; and (ii) The bank has set aside funds that-- (A) Are equal to the amount of the check, and (B) Will be used to pay the check; or (2) The bank will pay the check upon presentment. (k) "Check" means-- (1) A negotiable demand draft drawn on or payable through or at an office of a bank; (2) A negotiable demand draft drawn on a Federal Reserve bank or a Federal Home Loan bank; (3) A negotiable demand draft drawn on the Treasury of the United States; (4) A demand draft drawn on a state government or unit of general local government that is not payable through or at a bank; {{4-28-00 p.7416}} (5) A United States Postal Service money order; or (6) A traveler's check drawn on or payable through or at a bank.
Update - too funny. I sent RMA an ITS letter in May, as I was bored. I sent Citi a really nasty letter. They deleted the late charge, and took the 30 day off all my reports. I forgot about the ITS, never followed up on it as I was satisfied that Citi made the whole mess right. Today, in the mail I get a letter: Dear Mr. and Mrs. jlynn: RMA is in receipt of your letter dated 5/6/2003. We have completed our investigation and provide the following response: It is the philosophy of RMA to conduct all transactions in a professional, legal and ethical manner. We take complaints very seriously. We apologize if you had an encounter with RMA that you found to be discourteous or inappropriate. Be assured that the appropriate action has been taken with the office involved. We understand your frustration, and we believe your experience was an aberration and something strives to prevent. Enclosed was a check for $62. jlynn's translation - Dear Mr. and Mrs. jlynn: At RMA we strive to trample your rights and break every law in the book in the name of the almighty dollar. However, when we find someone that is aware of our governing laws we roll over like an attention deprived Labrador Retriever. Please except this check for $62, we hope this shuts you up so you don't sue our pants off for more money.
