Question on Legality

[rdahlke1105]

Ok, I'm a new user to the site and I have had a situation that just came up yesterday. The situation is this....I had a student load refund check that I deposited into my checking account. That evening I wrote a check to Best Buy in an amount of over $1200. I found out a couple of days after this that the bank put my account on hold until the loan check cleared.

I called and spoke with a woman at the bank to discuss this check to Best Buy because I didn't want it to be sent back and have to pay returned check fees. They assured me that even if the check did get returned it wouldn't be an NSF, but show it was because the bank put my account on hold. Anyway, Best Buy puts the check through again and it goes through as an ACH and even says that it is being redeposited. This happened on 23rd of this month.

Yesterday, I receive a letter in the mail from a collection agency stating that they are putting the check through my bank as an ACH and demanding that I pay a $25 returned check fee. (I'm watching my checking account really closely to make sure that they don't try and put it through AGAIN.)

My question is this...can they legally do this even though the check wasn't returned as an NSF?? I currently live in Missouri and made the purchase here as well. I tried calling this collection agency to explain the situation and the number that is on the letter is a recording that after it finishes it hangs up on you.

[jordanmorganusa]

I think that the first place you should go is your bank. Go talk to the manager. I used to work in a bank(for 5 years), and they have to by law and Reg CC tell you either at the time of deposit or directly after (via mail)that they are putting a hold on the deposit. And they can only put a hold on the deposit for certain reasons(such as it's a new account, you've deposited checks before that bounced, the total amount is over $5000, etc). That's where all of this began, so start there and work your way back. You might need to close that account and open another so that Best Buy does not continuously do this. You are incurring fees from all angles. Keep a paper trail. Writing a letter to Best Buy through PlanetFeedback would help. The letters go high up in the chain of command, and you can explain everything to them, including that it was turned over to a CA even though you called and explained the situation to them. Good luck.

[rdahlke1105]

I think that the first place you should go is your bank. Go talk to the manager. I used to work in a bank(for 5 years), and they have to by law and Reg CC tell you either at the time of deposit or directly after (via mail)that they are putting a hold on the deposit. And they can only put a hold on the deposit for certain reasons(such as it's a new account, you've deposited checks before that bounced, the total amount is over $5000, etc). That's where all of this began, so start there and work your way back. You might need to close that account and open another so that Best Buy does not continuously do this. You are incurring fees from all angles. Keep a paper trail. Writing a letter to Best Buy through PlanetFeedback would help. The letters go high up in the chain of command, and you can explain everything to them, including that it was turned over to a CA even though you called and explained the situation to them. Good luck.

I finally was able to get a hold of someone at the collection agency. I explained what happened and that I didn't think that I should have to pay the returned check fee and that I had confirmation from my bank that it had cleared as an ACH.

At first I was talking with a peeon and he was telling me that I had to have this letter from my bank stating that it was their fault that the check was returned before they would waive the $25 returned check fee. I told them that my bank didn't have a problem with it, but that I needed verbatum what the letter needed to say and he couldn't tell me, just that it needed to say it was their fault. I said ok, but that I needed in writing that once they had this letter that it would be paid in full AND it wouldn't show on my CR. He was trying to tell me that they couldn't give me a letter like that.

Finally, I got so fed up that I requested to speak to his supervisor. When I spoke with the supervisor, he told me that they would waive the $25 right off AND send me 2 letters. One stating that the fee was waived and another one stating that everything was cleared and that it would NOT show on my CR.

IF they hold up their end of the bargan I'll play nice and let it go, but if they don't boy will they have an irate person on their hands who has no problem sticking up for herself. Luckily, I got both the peoon's and the supervisors name and employee id's so if I do have to call back I'll know who to talk to.

Just out of curiosity, has anyone had to deal with Certegy payment Recovery Services before?? Do they do what they say they are going to do? Or am I just being naive?? I have a feeling that I am being naive and that I'll have to be making more phone calls to them when they don't follow through.

[rdahlke1105]

I think that the first place you should go is your bank. Go talk to the manager. I used to work in a bank(for 5 years), and they have to by law and Reg CC tell you either at the time of deposit or directly after (via mail)that they are putting a hold on the deposit. And they can only put a hold on the deposit for certain reasons(such as it's a new account, you've deposited checks before that bounced, the total amount is over $5000, etc). That's where all of this began, so start there and work your way back. You might need to close that account and open another so that Best Buy does not continuously do this. You are incurring fees from all angles. Keep a paper trail. Writing a letter to Best Buy through PlanetFeedback would help. The letters go high up in the chain of command, and you can explain everything to them, including that it was turned over to a CA even though you called and explained the situation to them. Good luck.

I just got the letter from the CA. It has everything that I asked for. It stated that the fee was waived, that the account is paid IN FULL and that not be reported to the CRA's. I'm still watching my CR, just in case though.

[retmar]

Myself, I would be on the phone yanking the ear of the highest level employee at Best Buy's Main Office. This was totally out of line and very unprofessional. This should have never happened from the git. Demand some form of compensation for the aggravation, such as a gift card or new printer of choice.

In short, call the Main and demand to speak to the "Biggest Boss in the building". Once they are on line, let it fly. Make it quite clear that due to this incident, you will definitely be telling all of your friends and family what has happened, along with those you meet on the street. Do not give in to anything they say unless it benefits you only. Demand someone's head.