I ignorantly gave CA post dated checks but they didn't cash

[shredwater]

I was off and on the phone with the Collection Agency for MBNA finally I agreed to do 6 post dated checks to pay off my debt in 6 months. I received notifications that the funds would be taken out of my checking account each month. In reviewing my checking account over the past 4 months they have not taken anything out. In viewing my credit report online it looks like the debt on the card was reduced by one of the post dated checks.

Should I just sit on this and see what happens or what?

What should I do if they don't take anything out and there is still a balance on my credit report?

Also is there any point in sending a Validation letter if they haven't taken anything out with these checks?

Sorry for so many questions I'm clueless as of what to do

Thanks in advance for any advice!

[codename_fortyseven]

Things like this don't get better with age. Wait and see is a bad approach, IMHO. I'd get on this like tommorw.

I'd stop payment on all 6 checks, and you can easily check with your bank to know if they have been cashed. With check 21 it simply shouldn't take that long after they have been recieved.

I'd DV them, unless you have a good reason not to. They can say you sent the checks, which means nothing. You can say you were confused with the amount and later realized you didn't owe them anything.

Don't take it the wrong way, but the legal standard is the least sophisticated consumer. If you were honestly confused and didn't know what to do or what the bill was for, say so. I have heard that it is best to apply the KISS philosophy with these sorts of things until it reaches the courts.

Just send them a letter saying "I dispute this amount entirely and request validation." No point in quoting case law and such at this point.

[KentWA]

Make sure you inform them you have placed stop payments on the checks. If they then process them anyway, they have caused their own injury and you can show they have little regard for consumers.