Validation..opened a can of worms

Discussion in 'Credit Talk' started by Christi, Jan 11, 2002.

  1. bailey

    bailey Well-Known Member

    Yup now I see, this was an unpaid check and that is where the copy plays in. That makes sense.
     
  2. lbrown59

    lbrown59 Well-Known Member

    Would you pay the phone co. 5 $15.00 NSF fees for something like this.

    Let me add that none of the original checks went through the phone COs.bank or my bank.

    When the original check can't be produced there is no way in heck there can be a valid return check charge!
     
  3. Marie

    Marie Well-Known Member

    IF they checks were forged and never presented you could file a police report and go after the ca for fraud if you think they were in on it. If not, a police report shows fraud against you by someone and would fix the issue.

    Wow. this is a tough one. I actually agree with Breeze that they may be playing fair.

    so then, is there any other legal thing we can ask or do? For example, are they ok to operate in your state? Did you check all their answers? If there are any discrepencies you could use that for a verbal request for delete in exchange for paying it.

    In my state, you'd pay a check quickly because otherwise you get arrested and pay it at the courthouse (I've bailed a few friends out for this).

    any other ideas guys? The other approach, other than asking for a delete for pay, would be to pay it, get the ORIGINAL check and all paperwork from them, then just try a cra dispute and see if they respond. then they wouldn't have the proof and they'd be paid so maybe they'd be less likely to verify.

    any other ideas?
     
  4. Tuit

    Tuit Well-Known Member

    If she is sure this is her debt, and she is able to pay it maybe the "Westcap" endorsement on the back of her check might work.

    I recently sent payment to a creditor using it, time will tell if it works for me. :)
    Tuit
     
  5. breeze

    breeze Well-Known Member

    You'd be surprised what people will do when you're straight with them.

    I am in the same kind of state as Marie. "Hanging paper" isn't taken lightly here, and I would never ignore a bad check. I wrote a lot, but I made good on them. I even wrote one to the lawyer who got the misdemeanor charges against me dismissed (former DA in Richmond, now a judge -he laughed out loud!!!)

    I would send a sincere letter, the money to make the check good and whatever charges are attached, explain that I was young and foolish, or desperate, or whatever; I am mending my ways, trying to be responsible, concerned about my credit reputation, and end with asking them to help me out if they could. It has worked in more than one situation for me.

    If they don't, they don't. Let it go, you can deal with it later. If they are good guys (and it sounds that way) they would be pi$$ed off at attempts to play games, and leave it on there for sure, just to teach you a lesson.
     
  6. Marie

    Marie Well-Known Member

    maybe you could approach it like this.

    If you pay it the DLA will change and it will show paid and the CRA will let it stay another 5 years in NY, 7 years everywhere else.

    If you do nothing, you can wait it out. after the first 24 months it doesn't affect your score much anyway. So you get penalized for paying this regardless of whether this is fair or not.

    Perhaps by framing it this way they could delete it for payment so you wouldn't get further penalized for paying the check and that would be fair.

    IF they agree to that (do it by phone not in writing) have them write you a letter stating that if you pay the debt they'll send you the original check and delete the tradeline in full. they can fax you a letter to expedite it and you could wire them money after you get the letter...

    if there's no bad check issue of jail in your state, then the odds of them getting money from a 3 year debt is slim to none. maybe this would work.
     
  7. Christi

    Christi Well-Known Member

    OK, let me clarify here. It is for a "hot" check. Account closed. When I closed the account and moved in 1998 I thought all checks were cleared. I had forgotten about this one because it had been over 60 days and not cleared. The deal was I bought something from a "tent sale" and the company travels setting up these tents everywhere. So the check had never even been deposited much less hit my bank when I closed the account and moved. Nevertheless, the check IS mine, it's my signature and it's not been altered. It is a copy of the actual check front & back. The SOL for being arrested has passed, but not the SOL for reporting it. I do want to pay it, but I don't want them to continue to report it. I doubt they will hound me for the money as they never have in the past. Now, they have my new address, but nothing else. I will call and offer to pay it for deletion, explain I moved etc. If they wont' delete it...then I guess I let it ride. It's 4 yrs old, so I'm not sure how it's affecting my score.
     
  8. lbrown59

    lbrown59 Well-Known Member

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    `````````````````````````````````````
    You still have the right
    to see the orginal
    check first.
    With out the original check
    there is no such crime:
     
  9. lbrown59

    lbrown59 Well-Known Member

    I've had the same check presented for payment twice.
    If it is paid the first time but bounces the second time is this a bad check charge?
    Anyone ever have a photo copy bounce and get hit for a returned check fee?
     
  10. Christi

    Christi Well-Known Member

    I've been thinking about this all day. Couldn't I ask the CA to delete in exchange for full payment. If they say no I just tell them I will pay the original creditor and then the creditor must return the check to me, so the CA has no legal right to be reporting on my credit report right? They would have NOTHING to validate or verify with, I would hold the original (hot check) check in my hand. I could use that for my benefit in asking them to delete correct?
     
  11. lbrown59

    lbrown59 Well-Known Member

    Is the Copy they sent you a copy of a copy Or a copy of the original check?
    Who has the original check now the Creditor or the CA.?
    If you pay one party but the other party has the check the other party can hit you again for payment.
     
  12. lbrown59

    lbrown59 Well-Known Member

    If you can't see the original check you don't know who has it or if there even was one.
     
  13. lbrown59

    lbrown59 Well-Known Member

    Who was the check made out to.?
    How much was it for?
     
  14. lbrown59

    lbrown59 Well-Known Member

    ***** You have to be optimistic because if you make a comment about something that happens to be negitive you will get chewed out at least
    I do:*****
     
  15. bailey

    bailey Well-Known Member

    No you get chewed about b/c

    You never ever offer any advice.

    You never ever have anything postive to say, even though someone will post a postive thread you try and bring them down.
     
  16. lbrown59

    lbrown59 Well-Known Member

    Correct original check only.
    Don't matter I just don't pay before I see the Original Check.
     
  17. lbrown59

    lbrown59 Well-Known Member

    I do not try to bring them down! How's that for being postive?
     
  18. breeze

    breeze Well-Known Member

    According to the opinion letter re DOLA and charge offs, and when the seven years starts - if this debt has been written off by the original creditor, the chargeoff would supercede the DOLA for start of the 7 year reporting time. It is very late and I have spent the entire day in the EVMS emergency room, so I don't want to document my statement right now. If someone will pull up the opinion letters - there are two - one of them says this, I'm sure.
     

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